HomeMy WebLinkAboutOrdinance_389_8/10/1989
,.: ,
•
ORDINANCE NO. 3~g
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, ADOPTING A NEW SECTION 18-5 OF
THE VILLAGE CODE OF ORDINANCES TO PROVIDE
FOR AN EIGHT PERCENT SURCHARGE ON WATER
SERVICES TO RESIDENTS OF UNINCORPORATED
PALM BEACH COUNTY AND MARTIN COUNTY;
PROVIDING THE BASIS FOR THE SURCHARGE;
PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND 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 service 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, the current Village of Tequesta agreement to
provide water service to unincorporated Palm Beach County does
not prohibit a surcharge; and
WHEREAS, no agreement exists between the Village of
Tequesta and Martin County which prohibits a surcharge.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1.
Tequesta, Florida
to read as follows:
The Code of Ordinances of the Village of
is hereby amended to create a new Section 18-5
"Section 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
eight percent water surcharge fee to
offset water system improvements and
` maintenance costs, as authorized by
the Florida Legislature."
(b) 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 Martin
County shall include.-~an additional
eight percent water `surcharge fee to
~ offset water system '~iLmprovements and
j; maintenance costs, as authorized by
the Florida Legislature." '~
-~,
Section 2. Repeal of Conflicting Ordinances. Any,
Ordinances or parts of Ordinances in conflict with the'
provisions herein are hereby repealed.
Section 3. 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 4. Codification. This Ordinance shall be codified'.
and made a part of the Official Code of Ordinances of thee'
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
~hti7liam E. Burckart who moved its adoption. The Ordinance
was seconded by Councilmember Edward C. Howell and upon being'.
put to a vote was as follows:
FOR ADOPTION
1~V~11 i am F . Burckart
Js~~nh N. ('a}~retta
Edwar~C - Hew .1 1
ion T Mac-kail
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this l;lth day of August 1989.
Mayor of Tequesta
L A /~(
~, ~,~ Joseph N. C pretta
AT'TF>'1'
Bill C. Kaselis
Village Cle