HomeMy WebLinkAbout2019-006-3635 North Miami Beach Water Utility SurchargeRESOLUTION NO. 2019-006-3635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, INITIATING THE
CONFLICT RESOLUTION PROCEDURES REQUIRED BY
CHAPTER 164 FLORIDA STATUTES, RELATING TO
THAT CERTAIN LITIGATION AGAINST NORTH MIAMI
BEACH CONCERNING THE WATER UTILITY
SURCHARGE; PROVIDING FOR INSTRUCTIONS TO
THE CITY ATTORNEY; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council previously directed the City Attorney to file a lawsuit
against North Miami Beach relating to the 25% water surcharge being charged to
Residents and business owners in the City of Miami Gardens, and
WHEREAS, Chapter 164 of the Florida Statutes requires that the City and North
Miami Beach attempt to resolve their conflict through a conflict resolution process, prior
to the prosecution of a lawsuit, and
WHEREAS, the conflict between the City and North Miami Beach relates to the
following:
(a) If North Miami Beach assigned to a private contractor all operational
responsibility for water utilities it owns that are located outside its geographical
bounds, is North Miami Beach still "operating" those water utilities?
(b) If North Miami Beach is no longer "operating" water utilities it owns that are
located outside its geographical bounds, may North Miami Beach lawfully charge
a 25% surcharge on water provided to consumers within the City of Miami
Gardens?
(c) Does Section 180.191, Florida Statutes provide for the imposition of a 25%
surcharge per billing cycle by the City of North Miami Beach upon the City of
Miami Gardens and the members of the class for water drawn from the aquifer
located within the boundaries of the City of Miami Gardens which is processed in
and never leaves the boundaries of the municipality?„ and
WHEREAS, the lawsuit has been filed against North Miami Beach, but in
accordance with Chapter 164, it will be abated to give the parties an opportunity to
resolve the dispute through the statutory process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby initiates the Conflict Resolution Procedures required by Chapter 164, Florida
Statutes, relating to that certain litigation against North Miami Beach concerning the
water surcharge being charged to City of Miami Gardens Residents and business
owners.
Section 3: INSTRUCTIONS TO THE CITY ATTORNEY: The City Attorney is
hereby directed to take any and all steps to initiate and complete the conflict resolution
process in accordance with Chapter 164 Florida Statutes.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 9, 2019.
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OLIVER GILBERT, III, MAYOR
ATTEST:
MARI BATAILLE, CMC, CLERK
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PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
Moved by: Councilwoman Odom
Seconded by: Councilwoman Wilson
VOTE: 7-0
Mayor Oliver Gilbert, III
Vice Mayor Rodney Harris
Councilwoman Katrina Wilson
Councilman Erhabor Ighodaro, Ph.D
Councilwoman Lillie Q. Odom
Councilman Reggie Leon
Councilman David Williams Jr
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(No)
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