HomeMy WebLinkAboutOrdinance_509_12/28/1995•
ORDINANCE NO. 509
AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING CHAPTER 18 OF
THE CODE OF ORDINANCES "WATER" AT SECTION
18-3, SUBPARAGRAPH (a), SO AS TO AMEND
THE MINIMUM MONTHLY SERVICE CHARGE FOR
RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS
SO AS TO INCORPORATE INCREASES
NECESSITATED AS A RESULT OF THE TOWN OF
JUPITER'S INCREASE IN WATER RATES TO THE
VILLAGE OF TEQUESTA; PROVIDING THAT A
SEPARATE ACCOUNTING BE MADE OF FUNDS
REALIZED FROM SUCH INCREASE; PROVIDING
THAT MONIES REALIZED AS A RESULT OF THIS
INCREASE BE REFUNDED TO THE CUSTOMER FROM
WHOM THEY WERE RECEIVED IN THE EVENT
TEQUESTA IS SUCCESSFUL IN ITS CHALLENGE
OF OVERTURNING THE INCREASES IMPOSED BY
THE TOWN OF JUPITER; PROVIDING FOR
• SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Jupiter by way of the adoption of
Ordinance No. 50-95, has increased rates for the delivery of
bulk water to the Village of Tequesta; and
WHEREAS, in order that Tequesta be in a position to pay
for said increases, it must pass such increases on to the
customers of the Village of Tequesta Water System; and
WHEREAS, pursuant to Jupiter's Ordinance No. 50-95, the
increased rates shall become effective January 1, 1996; and
WHEREAS, the Village of Tequesta has filed a legal
challenge to the increase in rates enacted by the Town of
Jupiter; and
WHEREAS, it is the intent of the Village Council, in the
event it is successful in its challenge of the increased water
rates by Jupiter to the Village of Tequesta, to reimburse
Tequesta customers for increases passed on to said customers as
a result of Jupiter's increase to Tequesta; and
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WHEREAS, in the interim, while said legal challenge is
pending, it is necessary for the Village of Tequesta to
increase its rates to its customers in order to accommodate the
water rate increase by the Town of Jupiter in the event Jupiter
is successful in increasing said rates.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. Chapter 18 of the Code of Ordinance of the
Village of Tequesta relating to "Water" is hereby amended at
Section 18-3, Subparagraph (a), to read as follows:
"Sec. 18-3. Same - Enumerated.
The schedule of rates and charges be, and the same are
hereby determined, as follows:
(a) Minimum Monthly Service Charge.
(1) Residential and Non-Residential
• 5/8 - inch meter $ 8.80
1.0 - inch meter 22.00
1.5 - inch meter 44.00
2.0 - inch meter 70.40
3.0 - inch meter 132.00
4.0 - inch meter 220.00
6.0 - inch meter 440.00
The following rates shall be effective beginning January
1, 1996, and assessed in lieu of the above rates to
accommodate increases in rates caused by an increase in
water rates to the Village of Tequesta from the Town of
Jupiter.
(a) Minimum Monthly Service Charge.
(1) Residential and Non-Residential
5/8 - inch meter $ 15.80
3/4 - inch meter 15.80
1.0 - inch meter 39.50
1.5 - inch meter 79.00
2.0 - inch meter 126.40
3.0 - inch meter 237.00
4.0 - inch meter 395.00
• 6.0 - inch meter 790.00
• - 3 -
The table attached hereto indicates that portion of the
increase due to increased charges made to Tequesta by the
Town of Jupiter which are passed on to Tequesta customers
as a result of Jupiter's increase in water rates to
Tequesta. Funds realized as a result of this increase
shall be accounted for in a manner so as to provide that
in the event the Village of Tequesta is successful in
overturning the water rate increase imposed by the Town of
Jupiter that increases can be accounted for and refunded
to the customer from whom they were paid, whereupon the
rates set forth in the above schedule in place prior to
the increase will be reinstated. Increases enacted
herein shall be returned to the customer who made payment
on same in the event Tequesta is successful in overturning
the rate increase. Otherwise, said funds shall remain
with the Village of Tequesta and the rates imposed herein
shall remain in effect."
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
• 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 3. 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 4. Codification. This Ordinance shall be
codified and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval this 28th day
of December 1995.
THE FOREGOING ORDINANCE was offered by Councilmember
William E. Burckart who moved its adoption. The
Ordinance was seconded by Councilmember Elizabeth A. Schauer
and upon being put to a vote, the vote was as follows:
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FOR ADOPTION
MAYOR OF TEQUESTA
~Y `Yr~
Ron T. Mackail
ATTEST:
~ Joann Mang niello
Village Clerk
William E. Burckart
Ron T. Mackail
Elizabeth A. Schauer
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this 28th day of December 1995.
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Meter Size
Current Rate Increase Due
to Jupiter
Total Rate
5/8" 8.80 7.00 15.80
3/4" 8.80 7.00 15.80
1" 22.00 17.50 39.50
1-1/2" 44.00 35.00 79.00
2" 70.40 56.00 126.40
3" 132.00 105.00 237.00
4" 220.00 175.00 395.00
6" 440.00 350.00 790.00
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