HomeMy WebLinkAboutDocumentation_Regular_Tab 13_4/14/2022Agenda Item #13.
Regular Council"
STAFF MEMO `-'
Meeting: Regular Council - Apr 14 2022
Staff Contact: Matthew Hammond, Utilities Department: Utilities
Director
ORDINANCE NO. 08-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA CODE OF
ORDINANCES AT CHAPTER 74. UTILITIES, ARTICLE II. WATER SERVICE, DIVISION 2. RATES
AND CHARGES. BY ADDING TWO ENTIRELY NEW SECTIONS 74-83. "CONNECTION FEE
PAYMENT PLAN"; TO ALLOW A CONNECTION FEE FINANCING AGREEMENT BETWEEN A
PROPERTY OWNER AND THE VILLAGE; AND 74-84. "VOLUNTARY ANNEXATION CONSENT"; TO
REQUIRE PROPERTIES LOCATED OUTSIDE THE MUNICIPAL BOUNDARIES OF THE VILLAGE
WHICH ARE SERVED BY THE VILLAGE'S WATER UTILITY, TO CONSENT TO VOLUNTARY
ANNEXATION INTO THE VILLAGE WHEN SUCH ANNEXATION IS AVAILABLE; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 74. UTILITIES. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
SUMMARY:
Village of Tequesta serves potable water to residents and businesses within the Village municipal
boundary, the Town of Jupiter Inlet Colony and portions of unincorporated Palm Beach and Martin
Counties. Due to geographical and political boundaries, the portions of unincorporated Palm Beach
County served potable water by the Village of Tequesta are enclosed in enclaves noncontiguous to the
remainder of the County. Utility service is a tool used by other municipalities within Florida to encourage
properties owners within enclaves to annex into the adjacent municipality for the benefit of the
community as a whole. Proposed Ordinance 07-22 will require property owners within unincorporated
Palm Beach County who desire to establish a new water service or improve their existing water service
(e.g. upsize or downsize service size) to voluntarily annex into the Village of Tequesta or, if voluntary
annexation is unavailable at the time, record an irrevocable consent to voluntary annexation when
voluntary annexation becomes available. The Village will have the right to accept or not accept the
voluntary annexations at its discretion.
Additionally, Ordinance 07-22 will establish Section 74-83. — Connection Fee Payment Plan — to the
Village Code allowing for single-family properties the option to finance water service connection fees
over a period of up to 60 months (5 years) at an annual percentage rate which is the greater of one (1)
percent over the 10-year Treasury Note three-month simple moving average at the time of application
or five (5) percent. Financed Connection Fees would be billed monthly on the water service bill and be
subject to the same payment terms and penalties.
Standard templates for Voluntary Annexation and Connection Fee Financing will be prepared by the
Village attorney and included with .
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Agenda Item #13.
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BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A
Additional Budgetary Information: Funding Source(s):
N/A
N/A
POTENTIAL MOTION /DIRECTION REQUESTED:
Approve Ordinance 08-22
Proposed Ordinance 08-22 - Voluntary Annexation Payment Plan
Page 326 of 501
Agenda Item #13.
ORDINANCE NO. 08-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA
CODE OF ORDINANCES AT CHAPTER 74. UTILITIES, ARTICLE II.
WATER SERVICE, DIVISION 2. RATES AND CHARGES. BY ADDING
TWO ENTIRELY NEW SECTIONS 74-83. "CONNECTION FEE
PAYMENT PLAN"; TO ALLOW A CONNECTION FEE FINANCING
AGREEMENT BETWEEN A PROPERTY OWNER AND THE VILLAGE;
AND 74-84. "VOLUNTARY ANNEXATION CONSENT"; TO REQUIRE
PROPERTIES LOCATED OUTSIDE THE MUNICIPAL BOUNDARIES
OF THE VILLAGE WHICH ARE SERVED BY THE VILLAGE'S WATER
UTILITY, TO CONSENT TO VOLUNTARY ANNEXATION INTO THE
VILLAGE WHEN SUCH ANNEXATION IS AVAILABLE; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 74. UTILITIES. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta provides water utility service and desires to offer a
payment plan to property owners who connect to the Village's water utility; and
WHEREAS, the Village Council desires to amend the Village's code of ordinances to
allow for such a payment plan for property owners connecting to the Village's water utility; and
WHEREAS, the Village of Tequesta provides water utility service to properties located
outside the municipal boundaries of the Village, and from time to time adds additional such
properties to its water service area; and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the best interest of the Village of Tequesta to voluntarily annex those properties within the
Village's water service area but outside the Village's municipal boundaries, when such voluntary
annexation is available; and
WHEREAS, the Village Council desires to amend the Village's code of ordinances to
require such voluntary annexation.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
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Agenda Item #13.
Section 1: Chapter 74. Utilities. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article 11. Water Service. by creating an entirely new Section 74-83.
"Connection Fee Payment Plan" to allow for a connection fee financing agreement between a
property owner and the Village; and an entirely new Section 74-84. "Voluntary Annexation
Consent" to require properties located outside the municipal boundaries of the Village which are
served by the Village's water utility, to consent to voluntary annexation into the Village when
such annexation is available; providing that Section 74-83 and 74-84 shall hereafter read as
follows:
Sec. 74-83. — Connection Fee Payment Plan
For single-family property owners desiring to connect to the Village's water system or for single-
family property owners required to connect to the Village's water system, the property owner
may make application for an installment plan, not -to -exceed sixty (60) months at an annual
percentage rate which is the greater of one (1) percent over the 10-year Treasury Note three-
month simple moving_ age at the time of application or five (5) percent, subject to the utility
director's or designee'sapproval. The installment plan shall include those connection char _ e
authorized by the utility director or designee. The property owner shall agree to all terms and
conditions in the installment plan agreement. When the installment plan agreement is approved
by the utility director or designee, the agreement shall be recorded in the official records for
Palm Beach County and shall become a lien upon the property superior to all liens. titles and
claims except federal and state taxes and shall remain in full force and effect until the installment
plan is paid in full. During the term of the installment plan, the property owner must maintain all
utility accounts for the subject property in his or her name. A new account for the property shall
not be opened until the installment plan is paid in full. Failure to pay any amount due under the
installment plan shall result in a late fee and may result in discontinuance of utility service to the
property.
Sec. 74-84 - Voluntary Annexation Consent.
For those properties within unincorporated portions of Palm Beach County inside the
Village's water service area, or which desire to join the Village's water service area, the Village
shall require voluntary annexation or if voluntary annexation is unavailable at the time, recorded
irrevocable consent to voluntary annexation which legally encumbers the subject property, when
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Agenda Item #13.
voluntary annexation becomes available, as a condition precedent to providing or improving
notable water service thereto. The Village is not required to annex property in order to provide
water utility service. If the Village chooses to annex the subject property, annexation will be in
accordance with Florida law and at a time convenient to the Village. Annexation will not be
required as a condition of continuing existing service to existing customers, however voluntary
annexation consent will be required for property owners who improve their potable water service
(e..uupsize or downsize service size), and will be required as a condition precedent to serving
new customers. Utility service to residential and commercial tenants shall not be provided until
the property owner(s) comply with this section. The Village Council may grant exceptions to the
requirements of this section.
Section 2: Each and every other section and subsection of Chapter 74. Utilities. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
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