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R93-12RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OBJECTING TO A PROPOSED STATE-WIDE RATE STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMbIISSION OVER GOVERNMENTAL WATER AND SEWER UTILITY SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida, a local governmental authority, owns and operates a water and sewer utility system; and WHEREAS, under Article VIII of the Florida Constitution, and Home Rule Powers Acts~ the City Commission has legislative responsibility and authority to regulate the rate structure and rates, fees and charges of its utility system and resolve territorial disputes; and WHEREAS, the City Commission of the City of Boynton Beach, as the elected local representatives of the customers of its utility systems best understand and can respond to the local needs and circUmStances of its customers, which allows provision of utility services to the public in the most environmentally sound and economically responsible manner; and WHEREAS, local governments have been at the forefront of Florida's efforts to conserve water via effluent reuse, water use restrictions, innovative conservation, rate-making and stormwater management, individually structures to meet locally recognized circumstances; and WHEREAS, the Florida Public Service Commission is far removed from local environmental conditions, local economic conditions and local use characteristics, and is not representative of the customers of the utility systems; and WHEREAS~ transfer of rate structure and territorial dispute jurisdiction from our local governmental representatives to the Florida Public Service Commission in Tallahassee will usurp the sovereignty of local government, will remove local accountability, will unduly add another layer of bureaucracy and significantly increase and duplicate costs and expenses for the operation of our public utility systems, will result in increased rate burdens on our customers; and WHEREAS, transfer of rate structure and territorial dispute jurisdiction will significantly impair existing public utility bond issues and covenants and threaten the stability of governmental municipal finance of water and sewer utility systems; and WHEREAS, numerous other State agencies and our judicial systems already provide comprehensive regulatory protection of environmental and territorial issues, including the Department of Environmental Regulation, the State Water Management Districts, the local environmental protection agencies and the Department of Community Affairs, obviating the necessity of any additional regulatory layers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, vigorously opposes and objects to any proposed transfer of jurisdiction to the Public Service Commission of rate structure jurisdiction, territorial dispute jurisdiction or any other jurisdiction over the rates, fees and charges and operations of utility systems of local governmental authorities. Section 2. The current constitutional, legislative and judicial framework of environmental and economic regulation of governmentally owned water and sewer systems best serves the public interest and ensures protection of the environment and the economic needs of the public by the governmental authority most representative and responsive to the needs of the locality. Section 3. This Resolution shall take effect immediately upon passage and shall be delivered to the Governor, our local State Representatives and legislative delegation, the Department of Environmental Regulation and the Water Management District. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ~ DAY OF FEBRUARY, 1993. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: Cit~ Clerk (Corporate Seai) PSC.W/S 1/28/93