HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_4/25/1991 Sr•
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VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
,' , ''it Tequesta,Florida 33469-0273 • (407)575-6200
; 4 1. ,,° FAX: (407)575-6203
RCN COUMty
MEMO RAND UM
TO: Thomas C. Hall, Water System Manager
FROM: Thomas G. Bradford, Village Manager /
DATE: April 15, 1991
SUBJECT: Tequesta Well Zone Ordinance; Well Zone Description
Please include the text submitted by Pam McNierney upon the
map to be attached to the Tequesta Well Zone Ordinance scheduled
for second and final reading on April 25th. Please provide me
with this map revision no later than 12:00 P.M. , Thursday, April
18, 1991, pursuant to Administrative Policy 'No. 1-89-1 pertaining
to Village Council Agenda submission deadlines.
TGB/mk
cc: Pamela A. McNierney, Esq.
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VI
VILLAGE OF TEQUESTA WELL ZONE AREA'
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DESCRIPTION:
"The Tequesta well zone adopted pursuant to this ordinance is further described as an
area bounded on the west by the northwest fork of the Loxahatchee River; bounded on the
north by Jonathan Dickinson State Park except that certain portion which shall extend five
miles to the north of the Village of Tequesta municipal limits which portion shall be
bounded on the west by the US Highway One right-of-way; bounded on the east by the Intracoastal
Waterway; bounded on the south by the southern municipal limits of the Village of Tequesta."
This is not an accurate legal description but simply a description to better specify
the the area designated at the well zone which, as regulated by statute, cannot exceed
further than five miles outside the municipal limits of Tequesta.
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EXHIBIT "A"
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ORDINANCE NO. 422
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, DESIGNATING AN
AREA OUTSIDE THE VILLAGE'S CORPORATE LIMITS TO
BE CALLED THE TEQUESTA WELL ZONE; PROVIDING
FOR CREATION AND PURPOSE; PROVIDING
BOUNDARIES; PROVIDING FOR A GOVERNING BODY;
PROVIDING FOR FINANCING; PROVIDING
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village of Tequesta finds it necessary to
designate an area outside of its corporate limits in which the
Village of Tequesta may exercise its corporate powers in order to
promote the public health, safety and welfare by constructing
wells to supply water to the residents of the Village of Tequesta,
Martin County and Palm Beach County; and
WHEREAS, the South Florida Water Management District has
recently reduced its annual allocations of raw water causing ' the
Village of Tequesta to seek additional sources of water to supply
its residents and the residents of Martin and Palm Beach Counties;
and
WHEREAS, the coastal engineering trend has been to move water
wells to the west to avoid salt water intrusion into the wells; and
WHEREAS, the Loxahatchee River is located to the south and
west, so that the Village must attempt to expand its water supply
by acquiring wells to the north of its corporate limits; and
WHEREAS, the Village Council desires to designate a "Well
Zone" in order to construct additional water wells, which wells
when constructed shall expand the Tequesta water supply system; and
WHEREAS, the designation of such "Well Zone" is authorized
pursuant to Section 180. 06(3) , Florida Statutes, to provide water
for domestic, municipal and industrial uses.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation by Reference. The above recitals .
are true and correct and are hereby made a part of this ordinance
by reference hereto.
Section 2 . Creation and Purpose. Pursuant to Section
180. 02 (3) ,. Florida Statutes, •the Village of Tequesta hereby creates
a zone or area to be designated as the Tequesta Well Zone for the
purpose of constructing wells including but not limited to any and
all pipeline connected thereto to become part of the Tequesta water
supply system in order to provide water for domestic, municipal and
industrial uses and for all other incidental purposes to supply
water to the residents of the Village of Tequesta, Martin County
and Palm Beach County.
Section 3. Boundaries.
(a) The boundaries of the Tequesta Well Zone are hereby
established and described in Exhibit "A" attached hereto and made
a part hereof. -
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(b) The Tequesta Well Zone shall not extend for more than
five (5) miles from the corporate limits of the Village of Tequesta
and shall not include any area within the limits of any other
incorporated city or village.
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Section 4 . Governing Body. The Village Council of the
Village of Tequesta shall hereby act as governing body of the
Tequesta Well Zone to the extent that the Village Council shall
have the authority to construct and regulate the wells as part of
the Tequesta water supply system.
Section 5. Financing. The construction of the wells shall
be financed through funds from the Village 's Capital Improvement
Fund in the amount of ONE MILLION SEVEN HUNDRED SIXTY-FOUR THOUSAND
DOLLARS ($1, 764 , 000. 00) .
Section 6. 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 7 . Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 8 . Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 9 . 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, the 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:
Village Clerk
PPM\13153-01\WELLZONE.ORD •
9\28\90
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