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Home My WebLink AboutDocumentation_Regular_Tab 8A1_7/26/1990.�Lw A -� VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 4DUM : TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: July 19, 1990 SUBJECT: Ordinance Increasing Water Surcharge to Twenty-five Percent (25%) for Palm Beach and Martin County Customers; Agenda Item Attached hereto, please find a copy of the proposed Ordinance for your consideration that would raise the existing 8% surcharge to unincorporated Palm Beach County residents and Martin County residents to twenty-five percent (25%). This 25% surcharge is proposed because: o Florida Statute 180.191 which imposes limitations on rates charged to consumers outside city limits allows a municipality to "add a surcharge of not more than twenty- five percent (25%) of such rates, fees, and charges to consumers outside the boundaries." A fifty percent (50%) surcharge is authorized if proposed at a Public Hearing. o This surcharge will reduce the water rates proposed to be charged to all users, specifically, Tequesta residents. o Hopefully provide for additional conservation efforts in those areas outside the jurisdictional boundaries of the Village wherein the Village is unable to police violators of water restrictions. o Provide additional revenues needed to off -set the cost of provision of water service to customers outside the corporate limits of Tequesta. o Provide additional water system revenues. o Provide an incentive for annexation for those residents of Palm Beach County. This proposed Ordinance provides sufficient notice to applicable consumers. The effective date of this Ordinance is October 1, 1990, for all applicable rates and charges issued on or after October 1, 1990. Should you approve this Ordinance, notification of the surcharge increase will be included on Tequesta Water bills and in the forthcoming Village Newsletter. TGB/jmm Recycled Paper F.S. 19a9 (1) A municipality which constructs any works as authorized by this chapter, may permit any other mun pality and the owners or association of owners of lots lands outside of its corporate limits or within the lim of any other municipality, to connect with or use the u ties mentioned in this chapter upon such terms and c ditions as may be agreed between such municipalitl and the owners or association of owners of such outs) lots or lands (2) Any private company or corporation organized accomplish the purposes set forth in this chapter, whi r has been granted a privilege or franchise by a munici ity, may permit the owners or association of owners lots or lands outside of the boundaries of said municipa ity granting said privilege or franchise, or other munic pality, to connect with and use the utility operated by th said private company or corporation upon such terms a may be agreed between the said private company o corporation and the owners or association of owners o said lots or lands or the said municipality. Ns" —S 13 cn 1711a 19X CGL 193X s P 31pg18) 180.191 Limitation on rates charged consumer out. side city limits.— (1) Any municipality within the state operating a wa, ter or sewer utility outside of the boundaries of such mu- nlcipality shall charge consumers outside the bounda- nes rates. fees, and charges determined 1n one of the following manners (a) It may charge the same rates, fees, and charges as consumers inside the municipal boundaries Howev- er, in addition thereto, the municipality may add a sur- charge of not more than 25 percent of such rates, fees, and charges to consumers outside the boundaries Fix. ing of such rates, fees, and charges 1n this manner shall not require a public hearing except as may be provided for service to consumers inside the municipality (b) It may charge rates, fees, and charges that are just and equitable and which are based on the same fac- tors used m fixing the rates, fees, and charges for con- sumers inside the municipal boundaries In addition thereto, the municipality may add a surcharge not to ex- ceed 25 percent of such rates, fees, and charges for said services to consumers outside the boundaries However, the total of such rates, fees, and charges for the services to consumers outside the boundaries shall not be more than 50 percent in excess of the total Amount the municipality charges consumers served � within the municipality for corresponding service. No R such rates, fees, and Charges shall be fixed until after A Public hearing at which all of the users of the water or sewer systems; owners, tenants, or occupants of prop- t arty served or to be served thereby.- and all others inter- rtfthe ed shall have an opportune to be hewd Proposed rates, fees, and charges. Any change or t sion of such rates, fees, or charges may be made in same manner as such rates, fees, or charges were t rnally established, but if such change pbe made substantially pro rata as to ll lassor es of sesion r- no hear or notice shall be required. (2) Whenever any municipality has engaged, or are reasonable grounds to believe that any munici- of is about to engage, in any act or practice prohibit- m 1059 Ch. 1 tsu are ed by subsection (1) or subsection (5), a civil action for 'c preventive relief, including an application for a perma- or nent or temporary injunction, restraining order, or other Its order, may be instituted by the person or persons ag- tIII- grieved on- (3) This section shall apply to municipally owned wa- es, ter and sewer utilities within the confines of a single de county. (4) This section shall not apply to a county operating to under a home rule charter if that county has in operation ch under the charter an agency regulating water and sewer pal- systems except as provided in subsection of (5)(a) Any municipality operate gmunicipally owned water and sewer utility and providing water and ' sewer service outside the boundaries of the municipality e and within the confines of a single county, which munici- s pality is eligible for and specifically exercises the exemp- r tion from county rate regulation as provided for in para- f graph (b), shall charge consumers outside the bounda- ries the same rates, fees, and charges as consumers in- side the municipal boundaries. (b) The provisions of this section shall be applicable within a county that was regulating water and sewer rates on or before May 1, 1988, with respect to any mu- nicipality operating a municipally owned water and sew- er utility outside the boundaries of the municipality and within the confines of a single county, provided that 1 The municipality was providing water and sewer service to consumers outside municipal boundaries pri- or to the date the county agency commenced regulation of the rates, fees, and charges for such water or sewer services, 2 The governing body of the municipality adopts an ordinance, under the authority of this section, modify- ing the current water and sewer system rate structure in such manner as may be necessary to bring the meth- od of rate determination into compliance with the provr dons of this subsection and declaring the municipality's exemption, to take effect upon the effective date of said ordinance, from county agency regulation of water and sewer rates, fees, and charges, and 3 The municipality remains in compliance with the Provisions of this subsection. Nothing in this subsection shall be construed to require eligible municipalities to so exempt themselves from county rate regulation or to subject municipal water or sewer utility rates, fees, and charges for services ren- dered within the boundaries of a municipality to regula- tion by a county agency, and any such rates, fees, and charges shall remain a matter of municipal determine- ion in accordance with low. (6) In any action commenced pursuant to this sec. ion, the court in its discretion may allow the prevailing party treble damages and, in addition, a reasonable at- orney's fee as part of the cost, h f•--M. 1, 13. 4. 6, ch ?0-0'r; g. 1, Ch. 180.20 Regulations by private companies; rate&; )ntracts.—Whenever any private company or bon ur organized for the accomplishment of the purposes this chapter is granted a privilege or franchise by a unicipality, it may pfescribe the terms upon which ORDINANCE NO. 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 ALL RESIDENTS OF 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. The Code of Ordinances of the Village of Tequesta, Florida is hereby amended at Section 18-5 to read as follows: "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 twenty-five (25%) 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 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." Section Ordinances provisions 2. Repeal of Conflicting Ordinances or parts of Ordinances in conflict with herein are hereby repealed. Any the 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 the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect on October 1, 1990 for all applicable rates and charges issued on or after October 1, 1990. THE FOREGOING ORDINANCE was offered by Councilmember who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1990. Mayor of Tequesta Joseph N. Capretta ATTEST: Bill C. Kascavelis Village Clerk