HomeMy WebLinkAboutOrdinance_428_09/19/1991~ t
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ORDINANCE N0. 428
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AN ORDINANCE OF THE VILLAGE COUNCIL 01• THE
VILLAGE OF TEQUEBTA, FLORIDA, AMENDING CHAPTER
18 OF THE CODE OF ORDINANCES OF TKE VILLAGE OF
TEQUEBTA HY CREATING SECTYON ~.B-2'7 TO PROVIDE
THE 'VILLAGE THE AUTHORITY TO LIEN ALL PROPERTY
SERVED BY THE VILLAGE WATER WORKIS SYSTEM 1,OR
ALL UNPAID BERVICL C13ARGE3; CREATING B1;CTION
18-28 TO PROVIDE FOR USER CHARGES AND FEES FOR
RE8IDENTIAL CURBSIDE SOLID WASTE AND RECYCLING
COLLECTION SERVICES; PROVIDING FOR
SEVERABTLITY; PROVYDTNG FOR REPEAL OF
ORDINANCES AND CONFLICTS; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAB, the Village-has executed a Franchise Agreement wit
Nichols Sanitation, Inc. of Jupiter, Florida, for curbside Bali
waste and recycling collection services for a five (5) year peria
commencing October, 1989, granting the Franchisee the exclusiv
rights to collect solid waste within the municipality~s servic
area; and
WHEREAS, the Village desires to provide a method of paying fo
residential solid waste collection and recycling services b
removing the millage required to fund such payment from the Act
Valorem Millage Rate Per fiscal year 90/91 and thereafter anc~
charge residential customers directly for this service by placin
the monthly solid waste and recycling service charges on Vi11ag~
water bills; and
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WHEREAS, the Village is required to establish user charges an ~
fees For residential curbside solid waste and recycling collQCtio~
services; and
WHEREAS, the Village desires to provide a lien on propert'
served by the Village water works system For unpaid charges
appearing on the water bills. ;
NOW THEREFORE, SE IT ORDAINED BY THE VILLAGE COUNCIL OF TIi
VILLAGE OF TEQUEBTA, FLORIDA:
~e~~~on 1.. That the Code of Ordinances of the Village o
Tequesta is hereby amended by creating section 18-27 which sect~,o
shall read as follows:
"sec. 18-~27. ~ en Q~ servig~ Charges. The Village of
Tequesta shall have a lien on all lands or premises Served by that
water works syetema of the Village for all charges for water
service or any other charges appearing on the water bi1X until said
charges are paid to the Village together will all costs and
expenses incurred by the Village in conneotion with said delinquent
account. Said liens shall be prior to ail other liens on suchi
lands or premises except a lien for state, county and municipal
taxes. Said liens, when delinquent for more than thirty (30) days,'
may be foreclosed by the Village in the manner provided by the laws
of Florida Per the foreclosure of mortgages and real property."
9aotippr 2. That tha Code of Ordinances of the Village of
Tequesta is hereby amended by creating, Section 18-28 which section
shall read as follows:
i~sec. 18-28
(a) Effective October 1, 1990, the Village Manager or
his appointed designee is hereby directed to commence billing
Village of Tequesta residential customers, on she monthly water
bills, for solid waste and recycling curbside collection service at
the rate specified in the Franahis® Agreement with Nichols
sanitation, xne. until fiscal year 1991/92 and thereafter at a ~eate
established by the Village.
;~-nom. • .
1.
(b) The charges Por the services billed shall be
designated separately and distinctly an the monthly water bills
rendered to customers oP the Vi11agA.
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(c) The billing Por residential curbside aalid waste and.
recycling collection service for the fiscal year 1991/92 shall be
as follows:
efusQ service Co11,,Qction:
Homes ~.~,91 per month
condominiums ~~j,57 per unit pex month
Recvclinsx:
Homes $1,g1 per month
Condominiums $1.,76 per unit per month" (optional)
~ect~.p~. Severability, if any provision of this;
ordinance or the app~.ication 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.
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sect~.on 4. Repeal of Ordinances fn Conflict. All others
ordinances of the Village og T®questa, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby~i
repealed.
~ec~~an 5 codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
SeotiQn 6. Effective Date. This Ordinance shall take!,
effect immediately upon its passage and approval, as provided by !;
law.
THE FOREGOING ORDINANCE was offered by Counoilmemberl
William E. Burclcart , who moved its adoption, The Ordinances
was seconded by Counc lmember Edward C. Hotaell and upo»~
being put to a vote, the vote was ag fol owe:
~TNST ADQ~~YON
f
tidilliam E. Burclcart'
~oseuh N. CaT~retta
r.arl T,.~j,l ink
Ron T. Maclcail
The Mayor therQUpon declared the Ordinance duly passed and;
adopted this lgth day cP September ~ 1991.
MAYOR 0~' TEQUEBTA
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oB p N. Capret