1999-066 Municipal Utility Services• SOLUTION NO. 66-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, SUPPORTING
THE FLORIDA LEAGUE OF CITIES, INC. IN ITS EFFORTS TO
PROTECT MUNICIPAL AUTHORITY TO PROVIDE UTILITY
SERVICES OUTSIDE CORPORATE BOUNDARIES AND TO
PERMIT THE CONTINUATION OF THE UTILITY RATE
SURCHARGES FOR CUSTOMERS OUTSIDE OF THE
MUNICIPALITY'S BOUNDARIES WHO RECEIVE THE
BENEFIT OF SUCH UTILITY SERVICES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 180, Florida Statutes, authorizes a municipality to construct and
extend water or sewer utility service outside of its corporate boundaries while providing for
reasonable regulations over customers of the utility who reside outside of the municipality; and
WHEREAS, Section 180.191, Florida Statutes, sets forth the manner in which
municipality operating a water or sewer utility outside of its corporate boundazies may charge rates
and fees for the service; and additionally mandates that such rates, fees, and chazges be equitable by
setting a maximum surcharge of twenty-five (25) percent above the rates charged to customers of
the utility who reside within the municipal corporate boundazies; and
WHEREAS, Orange County is currently attempting to have the State law amended
in order to remove the authority of municipalities to levy the utility surcharge and a bill was
introduced by State Rep. Luis Rojas during the last legislative session which sought to lower the
maximum surchazge to ten (10) percent from the present twenty-five (25) percent; and
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res\league.cit
• WHEREAS, due to the rapid population growth in unincorporated areas of the State,
there is an ever increasing demand for the provision of utility services from nearby municipal
utilities, thereby exerting tremendous pressure on the municipalities of the State of Florida to provide
these services to those outside their corporate boundaries and the substantial expenditures for the
capital improvements necessary to provide these services to non-municipal residents would be borne
disproportionately by the municipalities without the statutory authority to levy a reasonable
surcharge.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby
supports the Florida League of Cities, Inc. in its efforts to ensure the continuation of municipal
authority to provide utility services outside of incorporated boundaries and to recover the substantial
costs of providing such services by retaining the ability to levy a reasonable surcharge on residents
located outside the municipality who directly benefit from the extension of these services.
Section 2. The Village Clerk is hereby authorized and directed to furnish certified
copies of this resolution to the the Florida League of Cities, Inc., Palm Beach County League of
Cities, Inc., Palm Beach County Legislative Delegation and such other persons and entities as the
Mayor may direct.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9th DAY OF DECEMBER , 1999.
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(Village Seal)
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VILLAGE CLERK
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