Item 6AAGENDA ITEM # 6A
JANUARY 12, 2009
RESOLUTION NO. d9-Ol
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING AND
PROTESTING THE EFFORTS OF MIAMI-DADE COUNTY TO AMEND OR LIMIT THE
ABILITIES OF CITIES IN FLORIDA TO SET THEIR OWN WATER AND WASTEWATER
RATES
WHEREAS, Section 180.191, Florida Statutes, grants every municipality in Florida that operates a
Water & Wastewater system outside of their incorporated boundaries with the right to establish Water &
Wastewater rates for outside city customers that may include a surcharge up to 25% without a special public
hearing and up to 50% with a special public hearing; and
WHEREAS, the surcharge permitted by the State of Florida recognizes and justifiably offsets the
capital costs and burden carried by the City of Atlantic Beach's tax paying citizens to enable the acquisition,
maintenance and operation of our Water & Wastewater utilities and, therefore, provides quality Water &
Wastewater services for non-residents and non-municipal taxpayers; and
WHEREAS, the City of Atlantic beach has been appropriately collecting the statutory surcharge
pursuant to Section 180.191, Florida statutes, for many years; and
WHEREAS, the City of Atlantic Beach continues to provide high quality Water & Wastewater service
to outside City customers, which enables economic development within the City of Atlantic Beach's utility
service area and enhances the quality of life of our customers.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, that
SECTION 1. The City of Atlantic beach opposes any change in the City's Water and Wastewater
utility rate making authority as established by the Florida Legislature in Section 180.191, Florida Statutes.
SECTION Z. The City Clerk is hereby directed to send a copy of this Resolution to the Duval County
Legislative Delegation, the President of the Florida Senate, the Speaker of the Florida House of Representatives,
Florida Governor Charlie Crist, and the legislative leadership at the Florida League of Cities.
PASSED AND ADOPTED by the City of Atlantic Beach, this Day of 2009.
JOHN S. MESERVE
Mayor
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney