Legislative Matter

Miami-Dade Legislative Item
File Number: 121911

Printable PDF Format

Clerk's Official Copy

File Number: 121911

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-824-12

Control: Board of County Commissioners

File Name: WATER AND SEWER UTILITIES SURCHARGE

Introduced: 9/21/2012

Requester: NONE

Cost:

Final Action: 10/2/2012

Agenda Date: 10/2/2012

Agenda Item Number: 11A22

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION REINSTATING LANGUAGE PROHIBITING CERTAIN MUNICIPAL WATER AND SEWER UTILITIES FROM IMPOSING A SURCHARGE ON CONSUMERS LOCATED OUTSIDE THE CITY AS ''TAXATION WITHOUT REPRESENTATION''

Indexes:

URGING

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Lynda Bell, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	10/2/2012	11A22	Adopted				P
REPORT:	Commissioner Heyman spoke in opposition to the foregoing proposed resolution. She suggested that commissioners in the cities of Hialeah, North Miami, North Miami Beach and Homestead consider the impact of this proposal on their municipal water services. Commissioner Sosa also suggested that the impact on the City of West Miami be considered. Commissioner Monestime spoke in opposition to this proposed resolution. He noted he agreed that this proposal would hurt municipalities as it provided for the depletion of funds from the municipalities’ capital programs. Commissioner Sosa recommended that the sponsor of this proposed resolution work with the municipalities and come back to the Commission. She noted the municipalities already approved most of their budgets and were providing a service that would be costly to the County. Chairman Martinez spoke in support of this proposal, noting it was a question of equity and fairness. He said the County sold water to the municipalities at the rate that unincorporated residents paid and the municipalities sometimes doubled and tripled the rates for their residents. Commissioner Jordan said a surcharge was added to the water and sewer charges for City of Miami Gardens residents, and her community did not have an opportunity to vote on the elected officials who were making these decisions. She pointed out that the City of Homestead had agreed not to apply the surcharge any more. Commissioner Jordan said she presented this proposal to the League of Cities to ensure that the cities were aware of this item, and she had a representative in the Legislature who would present this issue to the State Legislature. She noted this issue constituted “taxation without representation.” Commissioner Heyman noted the cities had a Public Utilities Committee at which residents could be represented. Commissioner Diaz said the municipalities were not aware that this item was on today’s (10/2) agenda; had they known they would have been present. He noted he could not support this proposal without additional details. Commissioner Monestime pointed out that the municipalities not only maintained the water treatment plants but paid for the bonds that financed these plants. He noted it was not truly “taxation without representation” as the individuals within the municipalities would be required to pay for everything if the cities did not have the capital for repairs and maintenance of the plants. Commissioner Moss spoke in support of the foregoing proposed resolution; however, he noted he believed further discussion on this issue was needed. He said an additional charge may be required but he suggested the possibility of the cost being borne by everyone in the service area, including city residents, to lower the burden on consumers outside of the city. Commissioner Moss noted this would achieve a sense of fairness. He suggested that the County Commission review the issue of the bonds. Commissioner Bell spoke in support of this proposed resolution. She noted the surcharge should be spread evenly among the perimeter of the customer base. Commissioner Jordan said she would not have a problem with the surcharge if everyone within the municipalities were paying the same. She pointed out that the City of North Miami was not using its money for any infrastructure or bonds. The County Commission proceeded to vote on the foregoing resolution, as presented. Upon conclusion of the foregoing item, Chairman Martinez announced that the Comprehensive Development Master Plan meeting would be held tomorrow (10/3).

County Attorney	9/21/2012		Assigned	Jess M. McCarty

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION REINSTATING LANGUAGE PROHIBITING CERTAIN MUNICIPAL WATER AND SEWER UTILITIES FROM IMPOSING A SURCHARGE ON CONSUMERS LOCATED OUTSIDE THE CITY AS ''TAXATION WITHOUT REPRESENTATION''

BODY

WHEREAS, the City of North Miami Beach Water & Sewer Utility (''the City'') provides water and sewer services to consumers residing both inside and outside the City; and
WHEREAS, the City of North Miami Beach serves more consumers that reside outside the City than live within the City; and
WHEREAS, there are other municipalities in Miami-Dade County that provide water to customers outside their city limits; and
WHEREAS, prior to 1998, cities located in constitutional home rule charter counties such as Miami-Dade County that operated a water and sewer utility were prohibited from adding a surcharge to water and sewer charges of consumers outside such cities� boundaries; and
WHEREAS, in 1998, the Florida Legislature enacted Chapter 98-15, Laws of Florida (HB 791), which amended section 180.191, Florida Statutes, to remove the prohibition on cities located in constitutional home rule charter counties that operated a water and sewer utility from adding a surcharge to water and sewer charges of consumers outside such cities� boundaries; and
WHEREAS, at the time, the City of North Miami Beach was the only city in the state to which the 1998 legislative change applied; and
WHEREAS, since the 1998 legislative change, the City of North Miami Beach has imposed a surcharge on consumers located outside the City of North Miami Beach, including consumers that live within the unincorporated area of Miami-Dade County; and
WHEREAS, the City of North Miami Beach also has raised its rates for all consumers, including those consumers located outside the City of North Miami Beach that the City has required to pay the surcharge; and
WHEREAS, the surcharge imposed outside the City results in ''taxation without representation'' and is unfair to consumers living outside the City's boundaries when they have no representation, voice or input into City of North Miami Beach decisions; and
WHEREAS, a bill was filed for consideration during the 2012 session, HB 411 by Representative Barbara Watson (D � Miami Gardens), that would have reinstated language prohibiting municipal water and sewer utilities located in counties with a population of more than 1.5 million people from charging a surcharge to consumers located outside the city, but HB 411 did not pass; and
WHEREAS, this Board urges the Legislature to enact legislation similar to HB 411 during the 2013 legislative session,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation that would reinstate language prohibiting municipal water and sewer utilities located in counties with a population of more than 1.5 million people from imposing a surcharge to consumers located outside the city.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor; the Senate President; the House Speaker and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the issues identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2013 state legislative package when it is presented to the Board.