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Home My WebLink AboutDocumentation_Regular_Tab 11A_2/8/1996 r/ .i �,( ,�a VILLAGE OF TEQUESTA t Pat Ofrice Boa 3273 • 337 Teawga Drive Tequesu.Fib 33469.4273 • ( 373 . jj -1-.. Fos:(407)3734203 '48447 0' December 19, 1995 John C. Randolph, Seq. Jones, roster, Johnston i Stubbs, P.A. P.O. sox 3475 West Palm leach, PI. 33402-3475 Re: Requested Amendments to the Stormwater Utility Provisions of the Code of Ordinances Dear Skip: In the course of working with our consultants in the preliminary work associated with implementing the Stormwater Utility by October 1, 1996, it has become obvious to us that certain amendments need to be made to the 'Stormwater Utility Code' in order to streamline its operations and provide flexibility to the Village Council in the oversight of the same. we believe the Stormwater Utility Code (Chapter 19 of the Code of Ordinances) should be amended as follows: Section 19-3. Definitions. The Stormwater Management Utility Board should be deleted in its entirety for reasons that will be explained below. Section 19-9. Billing, Payment and Penalties. This section of the Code does not allow for the option of securing Stormwater Utility revenue by way of non-ad valorem assessments to appear upon the tax bill. This is the preferred preference of the villageCouncil. Therefore, please mead this Section so that the Village Council would have optics of u ing �-ad valorem assessmentsin ofbilling for sate the monthly water bill. • Beetles 11-100 (>). Adjustment of Tees. S~ believe that in • village as smell as Tegnesta, that it is not feasible to have a stormwater Utility Soul._ lbs Village Cahoonshould serve in this capacity! Tberedors, ds please ete all reference to the Stormwater StilAty board and replace the sate with the Village Council who will review all ls. Just as a footnote, alternatively, the Board of Adjustment could serve as the Appeals Board ib this regard. . . a John C. Randolph, Seg. December 19, 1995 Page 2 Section 19-14. $torsweater Utility Board. As previously stated, we believe that this Board is unnecessary and not needed in a community the sins of Tequesta. we believe that this Ordinance was modeled after that used by the City of Delray Beach which is ten times larger than Tequesta wherein such an additional oversight board may have validity. Please delete this section of the Code. Based upon the time schedule that we are faced with, it is necessary to present this Ordinance for Village Council consideration at the Village Council Meeting scheduled for January 11, 1996. Therefore, I will need this requested Ordinance from you by Thursday, January 4, 1996. Should you have any questions regarding this request, please contact me at your earliest convenience. Sincerely, T omas G. Bradfo Village Manager TGB/cm c: Village Council Gary Preston, Director of Public works and Recreation JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND ODUNSELORS FLAULER CENTER TOWER 606 SOUTH FLAMER DRIVE ELEVENTH FLOOR HENRY F.LUENTNAL CAA. N ELO/IF10[II YICIUIBL T.101AN2 WEST PALM STEP EN J.A IC SOOT YLAIR M.DRAgIEN BEACH,FLORIDA 1�•H� �TEnlN J.AUCJIIM SOOTY L M.M1ALV NAND ALLrON JOHNSTON M.TRACEY IA01OTT1 OAMD nun P.O. BOX 3476 law ma octmoaJYACONWAYA � J.ICITNIAM WEST PALM BEACH,FLORIDA 33402 3478 MINj MAROARET L COOPER PETER A BALM A OE JONES EDWARD DIAZ D.CULVER MTN■ (407)680-3000 ,q/.MS IIEBEC A 0.DOANE SIDNEY A STUNS FAX:(407)832-1464 PAWL C.WOLPE CMi0TOPMR S.DUKE ALLEN I.TOMLNSON 1M11•1M1 SCOTT 0.NAMPA JONN S.TaMPQ THORNTON M.HENRY MICHAEL P.WAL11 RETIRED PETER S.IIDLTON - OWAN K'IMAM IMLLIAY A FORTES LARK a 14YY EElD N.AOAW WEAYEII WRITER'S DIRECT LINE: or oOUTAn L MMTUI FLANAGAN January 5, 1996 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Amendment to Stormwater Utility Ordinance Our File No. 13153.1 Dear Tom: Pursuant to your letter of December 19, 1996, enclosed please find a proposed amendment to the Stormwater Utility Ordinance. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. ohn C. Randolph JCR/ssm Enclosure ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES RELATING TO STORMWATER UTILITY AT SECTION. 19-3, DEFINITIONS, SO AS TO PROVIDE THAT THE VILLAGE COUNCIL SHALL ACT AS A STORMWATER MANAGEMENT UTILITY BOARD; AMENDING SECTION 19-9 RELATING TO BILLING, PAYMENT AND PENALTIES, AFFORDING THE OPPORTUNITY FOR BILLING BY WAY OF NON-AD VALOREM ASSESSMENTS; AMENDING SECTION 19-14, RELATING TO STORMWATER UTILITY BOARD, SO AS TO PROVIDE THAT THE VILLAGE COUNCIL SHALL ACT AS THE STORM WATER UTILITY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Chapter 19 of the Code of Ordinances relating to Stormwater Utility is hereby amended as follows: Section 1. Section 19-3, Definitions, is hereby amended as related to the definition of Stormwater Management Utility Board as follows: "Stormwater management utility board shall t shall hear appeals of rate ad ustments and recommend to apital projects and budget priorities for the utility. " Section 2. Section 19-9, relating to billing, payment and penalties, is hereby amended to read as follows: "Boo. 19-9. Billing, payment and penalties. The utility fee is to be paid by the owner of each parcel subject to the fee. vurkeU the pi operty owner in rritiny. All properties, except the undisturbed parcels shall be rendered bills or statements for the use of these services and facilities of the system by the village utilities department. These bills or statements shall be payable at the same time and in the same manner and subject to the same discontinuance of service by the village utility as set forth under terms and conditions of Chapter 18 of the Code of the Village of Tequesta. rWigigsiiTfitegPdiecret on 0414 hide billin a relatir «•;to tbie stoz` titer u ] r as'= o -ed 'valor` • asaessme'tto to 5 {<�_[ r...1 ti+�}\.: /r r rr r'S4r q f!( ?t l !F r♦ ♦ s rr♦♦ 1 + ( Rf appea upyo/�n > . � i = r x deredhto si ent8; : . n.....( . c.;c �.;{�A�',��:rh'�••, .♦ N`,}},,O�r, t +c:a�.... a {)f>f ♦♦.x t{irR r ; rrr«fF nc♦.�<�}}r r r r r ♦\ a ..r.:;i. r:•r.S"'r i�. .., }.Y ♦• :"♦,' .. fin'• ;;":4F?"'•>. .` :A..♦\n ...:..Y,rx... .(. mf r_ri .!64„�M Sc�:;` E�'a a tic** :V�•.. :0° ' F w x .lC .�SW.:cas.� �i.w bl `> Any payment remaining unpaid property-for a period of thirty (30) days hall constitute a lien in favor of the Village against the property serviced, and the proper Village officials are authorized and directed to record a lien for such unpaid fee in the public records of Palm Beach County, Florida. Such lien shall be superior in dignity to any encumbrances on the said property, whether occurring prior to or subsequent to such lien being recorded, except for tax liens, and may be foreclosed by the Village attorney as provided by law. " Section 3. ' Section 19-14, relating to Stormwater Utility Board, is hereby amended to read as follows: "Boo. 19-14. 8tormwater utility board. A stormwater utility board is hereby created which shall consist of three 3 ofp/fine ( m is ae Lite/ mi 2 The board shall meet a minimum of two (2) times per year during April and May to review the next fiscal year 's capital projections list and to set budget priorities for the next fiscal year. In addition, the board shall comment on the goals and priorities of the stormwater utility on an annual basis and meet as necessary to hear appeals of rates. Position Inftfal term Category 1 two years civil =114/11=L`i 2 two years real estate/appraisal 3 three years financesfretail 4 three years c o n s t i u c t i v ,r developer) three years at large (reside,lL, lap pct soil) n Zection 4 . 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 5. 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 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. 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: 3 FOR ADOPTION j?GAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1996. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\atormwat.2 4 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES RELATING TO STORMWATER UTILITY AT SECTION 19-3, DEFINITIONS, SO AS TO PROVIDE THAT THE VILLAGE COUNCIL SHALL ACT AS A STORMWATER MANAGEMENT UTILITY BOARD; AMENDING SECTION 19-9 RELATING TO BILLING, PAYMENT AND PENALTIES, AFFORDING THE OPPORTUNITY FOR BILLING BY WAY OF NON-AD VALOREM ASSESSMENTS; AMENDING SECTION 19-14, RELATING TO STORMWATER UTILITY BOARD, SO AS TO PROVIDE THAT THE VILLAGE COUNCIL SHALL ACT AS THE STORM WATER UTILITY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Chapter 19 of the Code of Ordinances relating to Stormwater Utility is hereby amended as follows: Section 1. Section 19-3, Definitions, is hereby amended as related to the definition of Stormwater Management Utility Board as follows: "Stormwater management utility board shall consist of the Village Council which shall hear appeals of rate adjustments and recommend capital projects and budget priorities for the utility. " Section 2. Section 19-9, relating to billing, payment and penalties, is hereby amended to read as follows: "Boo. 19-9. Billing, payment and penalties. The utility fee is to be paid by the owner of each parcel subject to the fee. All properties, except the undisturbed parcels shall be rendered bills or statements for the use of these services and facilities of the system by the village utilities department. These bills or statements shall be payable at the same time and in the same manner and subject to the same discontinuance of service by the village utility as set forth under terms and conditions of Chapter 18 of the Code of the Village of Tequesta. The Village Council is hereby authorized, in its discretion, to include billings relating to the stormwater utility as non-ad valorem assessments to appear upon the tax bill rendered to residents by Palm Beach County. In the event this alternative is chosen, appropriate arrangements shall be made between Tequesta and the County to include such statements on the tax bill. Any payment remaining unpaid for a period of thirty (30) days shall constitute a lien in favor of the Village against the property serviced, and the proper Village officials are authorized and directed to record a lien for such unpaid fee in the public records of Palm Beach County, Florida. Such lien shall be superior in dignity to any encumbrances on the said property, whether occurring prior to or subsequent to such lien being recorded, except for tax liens, and may be foreclosed by the Village attorney as provided by law. " Section 3 . Section 19-14, relating to Stormwater Utility Board, is hereby amended to read as follows: "Boo. 19-14. Stormwater utility board. A stormwater utility board is hereby created consisting of the members of the Village Council. The board shall meet a minimum of two (2) times per year during April and May to review the next fiscal year's capital projections list and to set budget priorities for the next fiscal year. In addition, the board shall comment on the goals and priorities of the stormwater utility on an annual basis and meet as necessary to hear appeals of rates. " Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such . 2 { 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 5. 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 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. section 7. 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 , 1996. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\13153ORD\atormwat.2 3