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HomeMy WebLinkAboutOrdinance_483_01/12/1995• ORDINANCE NO. 423 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION 18-5 OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR A TWENTY- FIVE PERCENT SURCHARGE ON WATER SERVICES TO RESIDENTS OF UNINCORPORATED PALM BEACH COUNTY AND RESIDENTS OF UNINCORPORATED MARTIN COUNTY; PROVIDING FOR THE BASIS FOR THE SURCHARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, residents within the municipal boundaries of the Village of Tequesta bear a greater financial burden in supporting the water system of the Village of Tequesta than do persons living outside the Village boundaries; and WHEREAS, water system improvements and maintenance costs relate directly or indirectly to the necessity of serving customers outside the corporate limits of the Village of Tequesta; and WHEREAS, there is no exact method of calculating the increased costs to the Village of Tequesta, resulting from maintenance of facilities and provision of water services to customers outside the • corporate limits of the Village of Tequesta; and WHEREAS, the Florida legislature has authorized a twenty-five percent surcharge as a reasonable fee for the provision of utility service outside municipal boundaries; and WHEREAS, Section 18-5 of the Code of Ordinances currently assesses an eight percent (8~) surcharge to customers of the water system of the Village of Tequesta located in unincorporated Palm Beach County and unincorporated Martin County. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Village of Tequesta, Florida, is hereby amended at Section 18-5 to read as follows: "Sec. 18-5. Water Surcharge. (a) The schedule of rates and charges in Section 18-3 for water services furnished to consumers outside the corporate limits of the Village of Tequesta in unincorporated Palm Beach County shall include an additional twenty-five percent (25$) water surcharge fee to offset water system improvements and maintenance costs, as authorized by the Florida Legislature. This surcharge shall be implemented in a two step fashion as follows: 1. An additional surcharge of ten percent (10$) shall be assessed effective April 1, 1995, so that the effective surcharge as of that date will be a total of eighteen percent (18~). 2. An additional surcharge of seven percent (7~) shall be assessed effective October 1, 1995, so that the effective surcharge as of that date will be a total of twenty-five percent (25$) . (b) The schedule of rates and charges in Section 18-3 for water services furnished to consumers outside the corporate limits cf the Village of Tequesta in unincorporated Martin County shall include an additional twenty-five percent (25~) water surcharge fee to offset water system improvements and maintenance costs, as authorized by the Florida Legislature. This surcharge shall be implemented in a two step fashion as follows: 1. An additional surcharge of ten percent (10$) shall be assessed effective April 1, 1995, so that the effective surcharge as of that date • will be a total of eighteen percent (18$). 2. An additional surcharge of seven percent (7$) shall be assessed effective October 1, 1995, so that the effective surcharge as of that date will be a total of twenty-five percent (25~) . 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, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Schauer who moved its adoption. The Ordinance was seconded by Councilmember Rurc'Kart and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Earl L. Collings Ron T. Mackail ti1~i 1 1 i am F. _ Rurckart Rli~aheth n Schauer The Mayor thereupon declared the Ordinance duly passed and adopted this 12th day of January , 1995. MAYOR OF TEQUESTA Ron Mackail ATTEST: V llage Cler JCR\131530RD\uATER.SUR •