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HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_7/27/1989 ORDINANCE NO. 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. The Code of Ordinances of the Village of Tequesta, Florida is hereby amended to create a new 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 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 improvements and 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 applicat+.ons, 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 immediately upon its passage and approval, as provided by law. 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 1989. Mayor of Tequesta Joseph N. Capretta ATTEST: Bill C. Kascavelis Village Clerk