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HomeMy WebLinkAboutOrdinance_422_04/25/1991 ORDINANCE NO. 422 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DESIGNATING AN AREA OUTSIDE THE VILLAGE'S CORPORATE LIMITS TO BE CALLED THE TEQUESTA WELL ZONE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING BOUNDARIES; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR FINANCING; PROVIDING SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of Tequesta finds it necessary to designate an area outside of its corporate limits in which the Village of Tequesta may exercise its corporate powers in order to promote the public health, safety and welfare by constructing wells to supply water to the residents of the Village of Tequesta, Martin County and Palm Beach County; and WHEREAS, the South Florida Water Management District has recently reduced its annual allocations of raw water causing the Village of Tequesta to seek additional sources of water to supply its residents and the residents of Martin and Palm Beach Counties; and ' WHEREAS, the coastal engineering trend has been to move water wells to the west to avoid salt water intrusion into the wells; and WHEREAS, the Loxahatchee River is located to the south and west, so that the Village must attempt to expand its water supply by acquiring wells to the north of its corporate limits; and WHEREAS, the Village Council desires to designate a "Well Zone" in order to construct additional water wells, which wells when constructed shall expand the Tequesta water supply system; and WHEREAS, the designation of such "Well Zone" is authorized pursuant to Section 180.06(3), Florida Statutes, to provide water for domestic, municipal and industrial uses. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation by Reference. The above recitals are true and correct and are hereby made a part of this ordinance by reference hereto. Section 2. Creation and Purpose. Pursuant to Section 180.02(3), Florida Statutes, the Village of Tequesta hereby creates a zone or area to be designated as the Tequesta Well Zone for the purpose of constructing wells including but not limited to any and all pipeline connected thereto to become part of the Tequesta water supply system in order to provide water for domestic, municipal and industrial uses and for all other incidental purposes to supply water to the residents of the Village of Tequesta, Martin County and Palm Beach County. Section 3. Boundaries. (a) The boundaries of the Tequesta Well Zone are hereby established and described in Exhibit "A" attached hereto and made a part hereof. (b) The Tequesta Well Zone shall not extend for more than five (5) miles from the corporate limits of the Village of Tequesta and shall not include any area within the limits of any other incorporated city or village. 1 ,` • • Section 4. Governing Body. The Village Council of the Village of Tequesta shall hereby act as governing body of the Tequesta Well Zone to the extent that the Village Council shall have the authority to construct and regulate the wells as part of the Tequesta water supply system. Section 5. Financing. The construction of the wells shall be financed through funds from the Village's Capital Improvement Fund in the amount of ONE MILLION SEVEN HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($1,764,000.00). Section 6. 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 7. 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 8. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 9. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by William E. Buxckart , who moved its adoption. was seconded by Councilmember Earl L, Collings being put to a vote, the vote was as follows: FOR ADOPTION William E. Burckart Joseph N. Capretta Earl L. Collings Edwaxd C. Howell Councilmember The Ordinance and upon AGAINST ADOPTION Ron T. Mackail The Mayor thereupon declared the Ordinance duly passed and adopted this 25th day of Anxil ~ lgg~ OF TEQUESTA seplh N. Capr PAM\13153-01\WELL20NE.ORD 9\28\90 2 w~~ w ~ w s ~uPITEn ItILE7 CULUIJ Y uPr rER ~NC~r 0 n ~ T~ z ~~ VILLAGE OF TEQUESTA WELL ZONE AREA' DESCRIPTION: Scale I~~=1,25 h11, "The Tequesta well zone adopted pursuant to this ordinance is further described as an area bounded on the west by the northwest fork of the Loxahatchee River; bounded on the north by Jonathan Dickinson State Park except that certain portion which shall extend five 'miles to the north of the Village of Tequesta municipal limits which portion shall be bounded on the west by the US Highway One right-of-way; bounded on the east by the Intracoastal Waterway; bounded on the south by the southern municipal limits of the Village of Tequesta." This is not an accurate legal description but simply a description to better specify the the area designated at the well zone which, as regulated by statute, cannot exceed further than five miles outside the municipal limits of Tequesta. EXHIBIT "A"