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HomeMy WebLinkAboutOrdinance_294_05/12/1981• • ORDINANCE NO. 2Q1~ AN EMERGENCY ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING THE EXISTENCE OF AN EMERGENCY, IMPOSING A TEMPORARY i`~IORATORITJP!I ON THE ISSUANCE OF NEW WATER SERVICE CONNECTIONS ON TfiE AREA WITHIN THE VILLAGE OF TEQUESTA WATER SERVICE AREA KNOVv'Pd AS JUPITER ISLAPdD. WHEREAS, the Village of Tequesta has been advised by its engineers that it is necessary to construct a subaqueous water mai crossing the Intracoastal Waterway to Jupiter Island, in order to provide an adequate supply of water to the Island and further to insure adequate water pressure to the Island; and WHEREAS, the Engineers for the Village have for the past several months been conducting studies and making applications for permits for the construction of such a subaqueous water main; and Tr~HEREAS, the Village Council has been advised by its Engineers that the permit .for the crossing which had been previous granted by the Army Corps of Engineers has been rescinded and that a new application must be submitted, which application will neces- sitate a relatively long review and public notice process; and WHEREAS, the Engineers have advised that a new subaqueou water main crossing the Intracoastal [Waterway to Jupiter Island could not be functional for at least one year; and WHEREAS, in light of this delay the Village Council has been advised by its Engineers that it would not be prudent to approve additional connections for domestic water supply on Jupiter Island until such time that a subaqueous water main is constructed and WHEREAS, the Village Council hereby finds and determines that an emergency exists which affects the public health, safety and welfare of the Village and that a temporary moratorium be imposed upon new water service connections within the water service system located on Jupiter Island, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUPICIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: • • Section 1. The Village Council of the Village of Tequesta, Florida, does hereby find, determine and declare that for the reascns stated in the preamble hereto, their exists a public emergency affecting the public health, safety and welfare of the Village and that there is a need to temporarily preserve the status quo with respect to the issuance of new water service connections on the area known as Jupiter Island within the Village of Tequesta water service area. Section 2. It is the purpose and intent of this Ordi- Hance to promote the health, safety and welfare of the Village by preventing the issuance of new water connections on Jupiter Island prior to the construction of a subaqueous water main, crossing the Intracoastal D~laterway to .7upiter Island. Section 3. There is hereby declared to be a moratorium on the issuance of new water connections within the water service area known as Jupiter Island. Section 4. This Ordinance shall not preclude water service connections previously approved by the Village. c io .~ 5 ~ir~le~f~iil~ r~i~enj~i~ s~r~ct~ir,,~s~r~ Y~r~ ~e x~m~ f~o~t13.~ p~ v~i o~s ~ ~i i ~O,~d i,~'iaz~ c~ ~~~~ P'~' `'~ Section 6. Exemptions to the terms of this Ordinance may be granted upon application and review by the Village Council and only in instances of extreme and unique hardship and upon proof that the granting of the exemption will not adversely impact the Village of Tequesta water system. Section 7. This Ordinance shall take effect immediately upon its passage and approval as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Carlton D, Stoddard , who moved its adoption. The Ordinance was seconded by Councilmember Leslie A. Cook and upon being put to a vote, the vote was as follows: FOR ADOPTION Lee M, Brown Leslie A, Cook W.H. Mapes, Jr. Thomas J. Little AGAINST ADOPTION Carlton D, Stoddard The n4ayor thereupon declared the Ordinance duly passed and adopted this 12 day of May 1981. r•1AYOR OF TEQUESTA ATTEST: V' lage Clerk . ,~ ~ ~ ~ ~ ~~~ `~ :'~ ~~ ~ ~~1 ~`~~1 ~' E~'GI\'EEIIS-AI~CHI I'EC;TS-PLAI~?~EItS, InC. 2019 OKEECHOBEE BOULEVARD, WEST PALM BEACH, FLORIDA ...33409 ... 3b5 -683-33Q•1 FRED A. GREENE. P.E. RICHARD M. b7IL LE A, P.E. WALTER D. STEPHEN S, JR., P.E. WILLIAM G. WAUACE, JH., P.L.S. PHILIP A. CRANNELL JR., A.I.A. JOHN C. WISE, P.E. Dl.ector Emeritus H.C. GEE. P.E. THEODORE B, JENSON, P.E. Village Council Village of Tequesta P.O. Box 3273 357 Tequesta Drive Tequesta, Florida 33458 P•Zay 11, 19 81 RE: Intracoastal Crossing - Permitting Status Dear Council Members: Over-the past year, the Village has attempted to secure all of- the permits required for the construction of a subaqueous water main, crossing the Intracoastal Waterway to Jupiter Island. Until last week, the Village was lacking only a dredge and fill permit to be issued by the State Department of Environmental Regulation. The dredge and fill permit application is currently under final consideration by the state and local agencies and a decision is expected within the next two weeks. Last week we received notification from the Army Corps of Engineers that their general permit for the crossing which was issued October 14, 1980, has been rescinded. The Corps indicated that an administrative error had resulted in the issuance of this general permit. in an aquatic preserve.. In order to obtain a new Corps pErmi.t, it will be necessary to resubmit the application through the Corps' Jacksonville office. A relatively lonq review and public notice process will then ensue. -- We estimate that the processing of the application through the Corps will require approximately six additional months. Allowing time for bidding and construction, it appears that, at best, the new crossing could not be functional for at least another year. .~ ~ ] ~'V ~~ ' F ~ '` ~+ ~( ~~ a ~~,,~~ r: ~t ir~r! ~ r. ~~~; ~ } OVER . ~ ~ ~ GEF, & JEIVSON F~(:1\t:F'R S-AFtCHITk*'Lt~\F:RS.I~C. Village Council Village of Tequesta ~ - May 11, 1981 Page Two In light of this delay, we feel that it would not be prudent to approve additional connec _ tions for domestic water supply on Jupiter Island. We-thus recommend that the Village Council enact a moratorium on all water connections on the Island (subject to individual permit review) until such time that a contract for .the construction of the water main crossing is executed. Very truly yours,. GEE & JENSON Engineers-Architects-Planners, Inc. ~ - G.t-{.Cr, --- ~ John F. McKune, P.E. Vice President JF'P•i: jw ?9-57 `~ I-1q a a ~~~