HomeMy WebLinkAboutOrdinance_512_02/08/1996•
ORDINANCE NO. 512
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF
ORDINANCES RELATING TO STORMWATER UTILITY AT
SECTION 19-3, DEFINITIONS, SO AS TO PROVIDE
THAT THE VILLAGE COUNCIL SHALL ACT AS A
STORMWATER MANAGEMENT UTILITY BOARD; AMENDING
SECTION 19-9 RELATING TO BILLING, PAYMENT AND
PENALTIES, AFFORDING THE OPPORTUNITY FOR
BILLING BY WAY OF NON-AD VALOREM ASSESSMENTS;
AMENDING SECTION 19-14, RELATING TO STORMWATER
UTILITY BOARD, SO AS TO PROVIDE THAT THE
VILLAGE COUNCIL SHALL ACT AS THE STORM WATER
UTILITY BOARD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
• PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Chapter 19 of the Code of Ordinances relating to Stormwater
Utility is hereby amended as follows:
Section 1. Section 19-3, Definitions, is hereby amended as
related to the definition of Stormwater Management Utility Board as
follows:
"Stormwater management utility board shall consist of the
Village Council which shall hear appeals of rate
adjustments and recommend capital projects and budget
priorities for the utility."
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Section 2. Section 19-9, relating to billing, payment and
penalties, is hereby amended to read as follows:
"Sec. 19-9. Billing, payment and penalties.
The utility fee is to be paid by the owner of each
parcel subject to the fee. All properties, except the
undisturbed parcels shall be rendered bills or statements
for the use of these services and facilities of the
system by the village utilities department. These bills
or statements shall be payable at the same time and in
the same manner and subject to the same discontinuance of
service by the village utility as set forth under terms
and conditions of Chapter 18 of the Code of the Village
of Tequesta. The Village Council is hereby authorized,
in its discretion, to include billings relating to the
stormwater utility as non-ad valorem assessments to
appear upon the tax bill rendered to residents by Palm
Beach County. In the event this alternative is chosen,
appropriate arrangements shall be made between Tequesta
and the County to include such statements on the tax
bill.
Any payment remaining unpaid for a period of thirty
(30) days shall constitute a lien in favor of the Village
against the property serviced, and the proper Village
• officials are authorized and directed to record a lien
for such unpaid fee in the public records of Palm Beach
County, Florida. Such lien shall be superior in dignity
to any encumbrances on the said property, whether
occurring prior to or subsequent to such lien being
recorded, except for tax liens, and may be foreclosed by
the Village attorney as provided by law."
Section 3. Section 19-14, relating to stormwater Utility
Board, is hereby amended to read as follows:
"Sec. 19-14. Stormwater utility board.
A stormwater utility board is hereby created consisting
of the members of the Village Council.
The board shall meet a minimum of two ( 2 ) times per
year during April and May to review the next fiscal
year's capital projections list and to set budget
priorities for the next fiscal year. In addition, the
board shall comment on the goals and priorities of the
stormwater utility on an annual basis and meet as
necessary to hear appeals of rates."
Section 4. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
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. invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 6. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 7. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Schauer who moved its adoption. The Ordinance
was seconded by Councilmember Hansen and upon
being put to a vote, the vote was as follows:
William E. Burckart
• Carl C. Hansen
Ron T. P~Iackail
Elizabeth A. Schauer
The Mayor thereupon declared the Ordinance duly passed and
adopted this Eth day of February 1996.
MAYOR OF TEQUESTA
. ' . ~ ~ `~~
Ron T. Mackail
A~I"I'LS~i':
c~i
Vi lage Clerk
JCR\131530RD\stormwat.2
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