HomeMy Public PortalAboutRES 94/19RESOLUTION NO. 94 -19
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, ESTABLISHING POLICIES FOR THE
DISPOSITION OF SURPLUS WATER CONSERVATION REVENUES THAT
MAY BE RECEIVED BY THE TOWN WATER SYSTEM; PROVIDING FOR
DEFINITIONS; PROVIDING PRIORITIES FOR THE DISPOSITION
OF SURPLUS WATER CONSERVATION REVENUES; PROVIDING FOR
PROCEDURES FOR DETERMINING THE DISPOSITION OF SAID
REVENUES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Town of Gulf Stream owns and operates a potable
water distribution system; and
WHEREAS, the Town operates said water distribution as an
Enterprise Fund in accordance with applicable Florida law; and
WHEREAS, the Town Commission of the Town of Gulf Stream,
Florida has adopted rates for water use by customers of the water
system, which rates are structured to encourage water
conservation by assessing a water conservation surcharge against
those customers who do not conserve water; and
WHEREAS, the failure of customers to conserve water may
result in the collection of surplus water conservation revenues
by the Town's water system; and
WHEREAS, it is the desire of the Town Commission to
establish policies as to the disposition of surplus water
conservation revenues.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA THAT:
Section 1. Definitions: The following definitions shall
apply to those terms as used in this Resolution:
General Fund. The general operating fund of the Town of Gulf
Stream, Florida.
Surplus Water Conservation Revenues. The revenues received by
the water system from water conversation surcharges.
Town. The Town of Gulf Stream, Florida.
Town Commission. The Town Commission of the Town of Gulf Stream,
Florida.
Water Conservation Surcharge. Charges assessed for water
consumption above and beyond that necessary to adequately
service a property with water for domestic consumption and
reasonable irrigation consumption, which charges are imposed
strictly as a means to encourage water conseLvatiOn and 1-.0t
as a mear;s to generate revenue required to properly operate,
maintain or enhance the water system.
Water System. The water distribution system owned and operated
by the Town of Gulf Stream as an Enterprise Fund in
accordance with applicable Florida law.
Section 2. Priorities: The following priorities for the
disposition of surplus water conservation revenues are hereby
established:
1. Primary. The following dispositions of surplus water
conservation revenues, in no particular order or rank, shall
be primary priorities for the disposition of surplus water
conservation revenues and shall take precedence over all
other methods of disposition and all other priorities listed
herein:
a) Contributions to unanticipated, unbudgeted, or under -
budgeted water system repairs and replacements serving
a public interest.
b) Contributions to unanticipated, unbudgeted, or under -
budgeted water system capital improvements serving a
public interest.
C) Contributions to unanticipated, unbudgeted, or unfunded
water system revenue shortfalls from sources other than
water conservation surcharges.
d) Contributions to unanticipated, unbudgeted, or under -
budgeted water system water purchases.
e) Contributions to other unanticipated, unbudgeted, or
under - budgeted water system operating and maintenance
expenses.
f) Contributions to water system funds necessary to meet
the terms and conditions imposed by lenders or bond
holders to which the water system is indebted.
g) Contributions to advanced principal and /or interest
payments on outstanding water system indebtedness.
2. Secondary. The following dispositions of surplus water
conservation revenues, in no particular order or rank, shall
be secondary priorities for the disposition of surplus water
conservation revenues and shall be subversive to those
dispositions identified herein as primary priorities but
shall take precedence over all other methods of disposition
and all other priorities listed herein:
a) Contributions to water system renewal, replacement or
capital improvement reserve funds.
b) Contributions to water system reserve funds used to
offset future water system rate or user fee increases.
3. Tertiary. The following dispositions of surplus water
conservation revenues, in no particular order or rank, shall
be tertiary priorities for the disposition of surplus water
conservation revenues and shall be subversive to those
dispositions identified herein as primary and secondary
priorities but shall take precedence over all other methods
of disposition and all other priorities listed herein:
a) Contributions to water system expenses for water
conservation programs including, but not limited to,
promotional, educational, regulatory, enforcement and
monitoring activities.
b) Contributions to water system reserve funds used to
reduce water rates or user fees in future years.
C) Contributions to any other water system expenditures,
with the exception of direct transfers to the General
Fund.
4. Quaternary. The following dispositions of surplus water
conservation revenues, in no particular order or rank, shall
be quaternary priorities for the disposition of surplus
water conservation revenues and shall be subversive to those
dispositions identified herein as primary, secondary, or
tertiary priorities.
a) Transfers to the General Fund over and above budgeted
amounts.
b) Any other expenditures or contributions not directly
related to the water fund.
E
Section 3. Procedures. The following procedures shall be
followed to dispose of surplus water conservation revenues:
1. Within thirty (30) days of the Town Commission's acceptance
of the annual independent auditor's Financial Statements
report, the Town Finance Director shall present to the Town
Commission a report which provides the total amount of
surplus water conservation revenues, if any, received by the
water system in the previous fiscal year and recommendations
as to the best disposition(s) of said funds in accordance
with the priorities established herein.
2. Within thirty (30) days of receipt of the Town Finance
Director's report the Town Commission shall do the
following:
a) Certify the total amount of surplus water conservation
revenues received by the water system in the previous
fiscal year.
b) Review the Town Finance Director's recommendations and
the priorities contained herein and propose a
disposition(s) of said revenues which best serves the
public interest of the residents of the Town of Gulf
Stream.
C) If a proposed disposition is not identified herein as a
primary priority, the Commission shall make a finding
as to what special conditions and circumstances cause
the proposed disposition to take precedence over those
dispositions which are given higher priorities herein.
d) Adopt the proposed disposition and any required
findings in the form of a resolution. If a proposed
disposition is not identified herein as a primary
priority, passage of the resolution shall require a
four - fifths (4/5's) or greater majority vote of the
entire membership of the Town Commission.
3. Failure of the Town Commission to take action regarding any
surplus water conservation revenues in the manner prescribed
herein shall result in the automatic disposition of said
revenues into the water system Capital Improvement reserve
fund. Should such a fund not exist, then the revenues, and
any interest they may generate, shall be held in savings.
In any event, the use of these revenues shall be restricted
solely to those dispositions identified herein as primary
priorities or for the renewal, replacement or capital
improvements of the water system, until the Commission may
decide otherwise in the manner prescribed herein.
Section 4. Effective Date. This resolution shall become
effective immediately upon passage.
PASSED AND ADOPTED this 18th day of November, 1994.
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