03-24
RESOLUTION NO. 03-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER EXPRESSING ITS OPPOSITION TO LEGISLATION
WHICH IMPACTS THE MEMBER GOVERNMENTS OF TAMPA BAY
WATER AND TAMPA BAY WATER'S ABILITY TO DEVELOP NEW
SOURCES OF WATER IN ACCORDANCE WITH THE AMENDED AND
RESTATED INTERLOCAL AGREEMENT; EXPRESSING ITS
OPPOSITION TO ANY AMENDMENT TO HAVE LOCAL WATER
DECISIONS MADE AT THE STATE LEVEL; EXPRESSING ITS
OPPOSITION TO ANY PENDING BILL THAT JEOPARDIZES THE
TAMPA BAY WATER INTERLOCAL AGREEMENT OR ADVERSELY
AFFECTS TAMPA BAY WATER'S CREDIT RATING OR THE MEMBER
GOVERNMENTS' WATER RATES; REQUESTING THAT THE
MEMBERS OF THE LEGISLATURE TAKE ALL POSSIBLE ACTION TO
REMOVE ANY SUCH AMENDMENTS FROM PENDING WATER BILLS
BEFORE FINAL PASSAGE; AND COMMITTING TO WORK
DILIGENTLY AND COOPERATIVELY WITH MEMBERS OF THE
FLORIDA LEGISLATURE, TAMPA BAY WATER AND OTHER
AFFECTED GOVERNMENTS TO ADDRESS CONCERNS WHICH
HAVE GIVEN RISE TO THESE AMENDMENTS.
WHEREAS, the City of Clearwater purchases a substantial portion of its potable
water from Pinellas County which is a member government of Tampa Say Water;
WHEREAS, Tampa Say Water was formed in 1998 after two years of
negotiations among six member governments to develop alternative, environmentally
sound sources of public water supply, to end the years of costly litigation which had
been experienced among the member governments and the Southwest Florida Water
Management District over water supply and permitting issues, to provide a means for
selecting and financing water supply projects by majority action of the Tampa Say
Water Soard of Directors which would not be subject to the veto of any member
government, and to resolve issues and concerns of host member governments about
projects within their jurisdiction through arbitration rather than through costly litigation;
WHEREAS, one of the central principles of agreement among the member
governments in forming Tampa Say Water was that any act of the Florida Legislature
which materially changed the rights and responsibilities of Tampa Say Water and the
member governments would trigger termination rights by any two member governments
under Section 6.04 of the Interlocal Agreement which created Tampa Say Water;
WHEREAS, the possibility that any two members may trigger termination of the
Interlocal Agreement will have an immediate, negative impact on Tampa Say Water's
credit rating and its ability to finance future water supply projects;
Resolution 03-24
WHEREAS, unreasonable increases in water rates, or exposure to the potential
for such unreasonable increases in water rates, which result from acts of the Florida
Legislature may also adversely impact Tampa Say Water's credit rating and its ability to
finance future water supply projects;
WHEREAS, House Sill 1 069 by Representative David Russell was amended on
April 10, 2003, to include an amendment that would require prior approval from a host
member government of Tampa Say Water prior to the development of new groundwater
projects in that member government's jurisdiction;
WHEREAS, this amendment to House Sill 1 069 would be a material change of
the respective rights and responsibilities of the member governments and Tampa Say
Water and as such would trigger the right to terminate the Interlocal Agreement under
Section 6.04, with an immediate and real impact to Tampa Say Water's credit rating;
WHEREAS, the Syrd amendment has been modified but still arguably triggers
termination provisions;
WHEREAS, the Syrd amendment to House Sill 1069 has now been incorporated
as House Sill 1459;
NOW THEREFORE, based on the foregoing, it is hereby RESOLVED by the City
Commission of the City Clearwater that:
Section 1. The City of Clearwater expresses its strong opposition to any pending bill
or amendment thereof that jeopardizes Tampa Say Water, its members, or its credit
rating.
Section 2. The City of Clearwater requests that the members of the Legislature take
all possible action to remove these types of Amendments from these water Sills before
final passage.
Section 3. The City of Clearwater staff and the City's lobbyist are directed to work
with Tampa Say Water staff and legislative counsel to remove the impact of these two
Amendments from these Sills before final passage.
Section 4. The City of Clearwater commits to work diligently and cooperatively with
members of the Florida Legislature, Tampa Say Water and other affected governments
to address concerns which have given rise to these two Amendments.
Section 5. This resolution shall take effect immediately upon adoption.
2
Resolution 03-24
PASSED AND ADOPTED this 1 i':t day of
M,qy
,2003.
B:&21~ :r
Mayor-Commissioner
Approved as to form: Attest:
0', A.
~
Pamela K. Akin
City Attorney
3 Resolution 03-24