title
RESOLUTION INITIATING CONFLICT RESOLUTION PROCEDURES (B)
A Resolution of the City Commission of the City of Gainesville, Florida, initiating conflict resolution procedures per Section 164.101, Florida Statutes, the Florida Governmental Conflict Resolution Act, pertaining to a conflict between the City of Gainesville and the Alachua County School Board, Florida; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed resolution.
explanation
On December 15, 2009, the Alachua County School Board voted to stop paying the City's stormwater fee effective immediately. The School Board's apparent reason is that they are immune from paying the stormwater utility fee if there is no written contract providing for payment of the fee. The Board did not make any arrangements for otherwise disposing of the stormwater it discharges into the City's utility system from all of its real properties within the City of Gainesville.
Under Florida law, a procedure exists whereby government entities may seek to resolve their conflicts before resorting to litigation. The conflict resolution procedures are initiated by the passage of a resolution. Before the City files for injunctive and other relief to compel the School Board to stop using the City's utility services or to pay the utility fee associated with the services, the City Attorney's Office recommends such conflict procedures be initiated. To aid the Commission in understanding the issues involved, the background and litigation over the City's utility fee is set forth below.
Background of the City's Utility Fee
In 1986, the Florida Legislature, finding that pollution to the waters of the State was a "menace to public health and welfare" and aware of the importance of the management and treatment of stormwater runoff in preserving and protecting the water resources, mandated that local governments establish stormwater management programs. Recognizing th...
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