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HomeMy Public PortalAboutRES 94/08RESOLUTION NO. 94 -8 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA VIGOROUSLY OPPOSING AND OBJECTING TO THE BOARD OF COUNTY COMMISSIONERS' PROPOSED AMENDMENT TO THE UNIFIED LAND DEVELOPMENT CODE, T•'•]HICH PROVIDES FOR A PROPOSED PUBLIC UTILITIES FEE AS A SOURCE OF FUNDING FOR THE COUNTY'S DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WELLFIELD PROTECTION WORK,-PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, a proposal is being considered to implement a public utilities fee 11)ased on last year's average treated water pumpage, or the number of existing and proposed wells and the number of permitted facilities in the wellfield, to be used as a source of funding for the County's Department of Environmental Resources Management (DERM) Wellfield Protection work; and WHEREAS, based on last year's average treated water pumpage of 3,901,392 gallons or the number of existing and proposed wells and the number of permitted facilities in the wellfield, the City of nelray Beach would be assessed the amount of $19,506.00 or $52,023.00, respectively for the fiscal year; and WHEREAS, the Town of Gulf Stream currently purchases its water from the City of Delray Beach, it is most probable that a portion of Delray Beach's fee will be passed on to the Town of Gulf Stream; and WHEREAS, the adoption of this ordinance establishes direct taxing authority over municipal utilities by the County for the purpose of supporting a County program and is beyond the authority set forth in Sections 1.3 and 3.3 of the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The Town commission of the Town of Gulf Stream, Florida, vigorously opposes and objects to an amendment to the Palm Beach County Unified Land Development Code, which provides for a proposed public utilities fee as a source of funding for the County's Department of Environmental Resources Management Wellfield Protection work. Section 2. The Town Commission of the Town of Gulf Stream, Florida, is opposed to this utility fee and further believes that DERM is expanding its regulatory program beyond the intent of the Wellfield Protection Ordinance by proposing said fee and that the Board of County Commissioners is exceeding the authority as set forth in Sections 1.3 and 3.3 of the Palm Beach County Charter in attempting to assess such a fee upon municipal utilities. Section 3. This Resolution will become effective immediately upon passage, and the Town Clerk is hereby directed to forward a copy of the same to the Department of Environmental Resources Management, the Board of County Commissioners, the Palm Beach Municipal League and all other appropriate agencies. PASSED AND ADOPTED in regular July 1994. AYOR (SEAL) ATT ST: TOWN CLERK session on this the 8th day of T COMMISSION A It