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