Fort Walton Beach Council agenda — 06-22-2010 Regular — reading text

web2. westlaw .com /... /documenttext.as... 159 Council Meeting, June 22, 2010  6/ 16/ 2010 905 So.2d 1051 Sewers, Drains, and Water Courses 2681<715 k. Surface water. Most Cited Cases Municipalities havE! the option of establishing stormwater management systems as traditional utilities and financing them by collecting utility fees. West' s F. S. A. 403. 031( 17) 1 0893( 1). rRe - woiweTow ; - - - - • 1a am w.re we IM- 268 Municipal Corporations 268XI Use and Regulation of Public Places, Property, and Works Sewers, Drains, and Water Courses 2680115 k. Surface water. Most Cited Cases Assuming city's stormwater utility fee was a user fee, rather than a special assessment, school board was not exempt from paying fee; stormwater management services were traditional utility services. West' s F. S. A. § 403, 0893; F. S. 1999, §§ 235. 261 235. 34. W,W - V-1irR -M rom111 .-. 41• - 345 Schools 34511 Public Schools District Liabilities k. District expenses and charges. Most Cited Cases School districts are not exempt from payment of user fees for traditional utility services. F. S. 199 235. 34. rM* GKORMOTHOW 2" 268 Municipal Corporations 2681X Public Improvements ssessments for Benefits, and Special Taxes 2681<405 k. Nature of assessment or tax. Most Cited Cases 268 Municipal Corporations _ eyCite Citing References for this Headno e 268XI Use and Regulation of Public Places, Property, and Works 26. XI( Sewers, Drains, and Water Courses I 2681<715" k. Surface water. Most Cited Cases In determining whether a fee imposed for a traditional utility service such as stormwater management is a user fee or a special assessment, the voluntariness of the fee is not dispositive. 268 Municipal Corporations web2. westlaw .com /... /documienttext.as... 160 Council Meeting, June 22, 2010  6/ 16/ 2010 905 So. 2d 1051 268IX Public Improvements 268IX(E Assessments for Benefits, and Special Taxes 2681<405 k. Nature of assessment or tax. Most Cited Cases 268 Municipal Corporations ,- Cite Citing References for this Headno e 268XI Use and Regulation of Public Places, Property, and Works 268XI(W Sewers, Drains, and Water Courses 2681<715 k. Surface water. Most Cited Cases Factors to be considered in determining whether a stormwater fee constitutes a user fee or a special assessment are: ( 1) the name given to the charge; ( 2) the relationship between the amount of the fee and the value of the service or benefit; ( 3) whether the fee is charged only to users of the service or is charged to all residents of a given area; ( 4) whether the fee is voluntary, that is, whether a property owner may avoid the fee by refusing the service; ( 5) whether the fee is a monthly charge or a one -time charge; ( 6) whether the fee is charged to recover the costs of improvements to a defined area of infrastructure or for the routine provision of a service; ( 7) whether the fee is for a traditional utility service; and 8) whether the fee is statutorily authorized as a fee. elm W-116 111610 268 Municipal Corporations 268IX Public Improvements Assessments for Benefits, and Special Taxes 2681<405 k. Nature of assessment or tax. Most Cited Cases 268 Municipal Corporations -.J KeyCite Citing References for this HeadnotP 268XI Use and Regulation of Public Places, Property, and Works Sewers, Drains, and Water Courses 2681<715 k. Surface water. Most Cited Cases None of the factors to be considered in determining whether a stormwater fee constitutes a user fee or a special assessment is controlling, nor are they necessarily exclusive; rather, each factor is to be considered in the light of all the circumstances in each case. X- - m. 0- 1130-4 04- . m' r- Fral Role 268 Municipal Corporations 268XI Use and Regulation of Public Places, Property, and Works Sewers, Drains, and Water Courses k. Surface water. Most Cited Cases Record was insufficient to permit District Court of Appeal to consider school board' s argument that circuit court, in holding that school board was exempt from paying city's stormwater utility fee, reached right result notwithstanding its incorrect finding that stormwater utility fee was a user fee instead of a special assessment, and thus Court could not affirm circuit court' s ruling under tinr v web2. westlaw .com /... /documenttext.as... 161 Council Meeting, June 22, 2010  6/ 16/ 2010 905 So. 2d 1051 coachman doctrine, where record did not contain critical information concerning how the city levied, calculated, and billed its stormwater utility fee; Court was unable to consider at: least three, if not four, of the factors to be considered in determining whether stormwater fee constituted a user fee or a special assessment. E 1999, 235, 261 235, 34. We - 3D Appeal and Error 30XVI Review Scope, Standards, and Extent, in General ThE.-ory and Grounds of Decision of Lower Court 301<854 Reasons for Decision 3Qk85 k. Review of correct decision based on erroneous reasoning in general. Most Cited Cases Tipsy coachman doctrine" allows an appellate court to affirm a trial court decision that reaches the right result, but for the wrong reasons so long as there is any basis which would support the judgment in the record. 1053 Paul Richard lull, Assistant City Attorney, Clearwater, for Appellant. Dennis R, Pembe ton and 1. Bruce Harper, Clearwater, for Appellee, Alan S. Zimmet and Stephanie R. Bolton, Clearwater, for Amicus Curiae the City of Largo, Florida. WALLACE, Judge. The City of Clearwater ( the City) appeals a judgment declaring that the School Board of Pinellas County ( the School Board) is exempt under sections 235. 26 and 235. 34, Florida Statutes ( 1999, FN1 from payment of the stormwater management utility fee imposed by the City and a money judgment in favor of the School Board for the amount of the fees collected from November 1995 through April 1998, plus interest. The City also challenges an adverse ruling on its counterclaim that sought judgment against the School Board for unpaid stormwater utility fees, plus interest. The circuit court found that the stormwater utility fee was a user fee, not a special assessment„ Because the School Board is not exempt under sections 235. 26 and 2= 35. 31 from the payment of user fees for traditional utility services such as stormwater management, we reverse the judgment, and we remand this case to the circuit court for further proceedings. FN1. ; 23,E and 235. 34 have been amended and recodified as sections 1013. 371 and 1013. 51, respectively. See ch. 2002 -387, 835, 851, Laws of Fla. THE FACTS AND PROCEDURAL HISTORY In 1990, the City adopted an ordinance establishing a stormwater management web2. westlaw .com /... /documenttextas... 162 Council Meeting, June 22, 2010  6/ 16/ 2010 905 So.2d 1051 utility in accordance with section 403. 0893( 1){ Florida Statutes ( 198. The utility is responsible for the management of the City's stormwater management system. The ordinance imposes a stormwater management fee against all developed property in the City. The fee is billed and collected with the monthly utility bills for all parcels of land utilizing any other of the City's utilities. The School Board owns developed property within the City. In accordance with the ordinance, the City billed and collected stormwater utility fees from the School Board for several years. The School Board stopped paying the fees in 1998. In November 1999, the School Board filed an action for a declaratory judgment and damages against the City. In its complaint, the School Board sought a declaratory judgment that the City was not entitled to charge it for the stormwater utility fee. The School Board also demanded a money judgment against the City for the amount of the fees it had previously paid under protest. The City filed a counterclaim for the unpaid fees. The School Board eventually moved for a partial judgment on liability. Citing the decision in * 1454 Sarasota County v. Sarasota Church of Christ.. Inc 66_ 7 So. 2d 180 ( FIa. 1995), the School Board contended in its motion that the City's stormwater utility fee was a special assessment and that the School Board was immune and /or exempt" from the payment of special assessments under section 235. 26; Florida Statutes ( 199-9. The School Board contended further that it was immune and exempt from payment of the fees under section 235. 34 because it had not entered into any contract or agreement with the City providing for the payment of the fee. The circuit court held a hearing on the School Board' s motion. The documents relating to the City's stormwater management ordinance that were before the circuit court at the hearing were limited to ( 1) Article VI, Stormwater Management, consisting of sections 32. 241 through 32. 247, and ( 2) a portion of Article III, Service and Charges, consisting of sections 32. 069 through 32. 073. Section 32. 244( 1) of the City' s stormwater ordinance provides as follows: " There is hereby imposed a stormwater management utility fee against all developed property in the city, as set forth in appendix A to this Code." ( Emphasis added.) Appendix A is apparently the schedule of fees, rates, and charges which explains in detail how the stormwater management utility fee is levied, calculated, and billed. This portion of the ordinance critical to a determination of whether the utility fee was a special assessment or a user fee was conspicuous by its absence from the materials before the circuit court at the hearing. After the hearing, the circuit court entered a partial summary judgment on liability in favor of the School Board. In its judgment, the circuit court made the