HomeMy WebLinkAboutOrdinance_225_01/14/1975• •
ORDINANCE NO. 225
AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING RESOLUTION NO. 6-72/73 TO PROVIDE FOR THE
GRANTING OF PERMITS TO ALLOW THE DRILLING OF SHALLOW
IRRIGATION WELLS WITHIN THE VILLAGE OF TEQUESTA, FOR
ALL PROPERTIES LOCATED WITHIN THE PENINSULA AREA
BETWEEN THE NORTH FORK AND THE NORTHWEST FORK OF THE
LOXAHATCHEE RIVER.
WHEREAS, Section 166.021, Florida Statutes, 1973, grants
municipalities the authority to enact ordinances for the carrying
out of municipal governmental functions; and
WHEREAS, the Village council has previously adopted
Resolution No. 6-72/73, which resolution prohibited the drilling
of all new wells and open ponds within the Village due to the
strain that would have been imposed upon the water system serving
the Village; and
WHEREAS, the Village's water consulting engineer has in-
dicated that the United States Department of the Interior Geologi-
cal Survey Department has made studies which indicate that the
drilling and utilization of shallow irrigation wells within the
Village, for all properties located within the peninsula area
between the north fork and the northwest fork of the Loxahatchee
River, would not at this time significantly interfere with the
Village water systems existing resources; and
WHEREAS, it appears to be in the best interest of the
citizens and residents of the Village of Tequesta to allow the
drilling of shallow irrigation wells on a strictly regulated
permit basis, by those persons owning property within the peninsula
area between the north fork and the northwest fork of the Loxa-
hatchee River.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA:
Section 1. That Resolution No. 6-72/73 is hereby amended
JOHNSTON
8A58ER & RANDO LPH '',
1115 HARVEY BUILDING
VEST PALM BEACH, FLA.
33402
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to provide for permitting the drilling of shallow irrigation wells
for all properties located within the peninsula area between the
north fork and the northwest fork of the Loxahatchee River.
Section 2. That any permit issued for the drilling of
wells pursuant to this ordinance must be conditioned upon the
following:
a. The permit applicant shall have an ownership
interest in the real property on which the
drilling is proposed.
b. The permit applicant shall enter into a written
agreement whereby it is agreed that the
applicant shall disconnect from his private
well and will connect and receive service
from the Village's water system at such time
as water service becomes available from the
Village system as determined by the Village of
Tequesta Water Department Consulting Engineer.
c. The permit applicant shall enter into a written
agreement to cap off and abandon any well
permitted hereunder according to all health
department standards as well as the standards
of all other applicable local, county, and
state agencies, when water service is made
available to the permit applicant from the
Village's water system if determined
appropriate by the Village of Tequesta Water
Department Consulting Engineer.
d. The permit applicant shall agree in writing
~ to hold the Village harmless and not responsible
for providing service from the Village's water
system should any well drilled pursuant to this
JOHNSTON
SASSER & RANDOLPH
1115 HARVEY BUILDING
WEST PALM BEALN, FLA.
33402
.2.
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ordinance experience salt water intrusion or
any other problem rendering the water unsafe
or a menace to health.
f. The permit applicant shall agree in writing
that the Village of Tequesta Water Department
Consulting Engineer shall have the right to
require any shallow irrigation well permitted
hereunder to be shut down when in the Water
Department Consulting Engineer's opinion any
such well will be a hazard to the safety, health,
or welfare of the Village of Tequesta or will in
any way be detrimental to the operation of the
Village of Tequesta water system. The permit
applicant shall agree in writing that the
Water Department Consulting Engineer's decision
under this section shall be final and binding.
Section 3. That any permit issued hereunder does not
run with the real property involved, but that any permit granted
hereunder is granted only to the individual permit applicant and
upon the transference, conveyance, or other disposition by the
permit applicant of any real property on which a permit hereunder
has been granted, this permit becomes void and any new or subsequent
owner must make application to the Village of Tequesta for a
reissuance of a permit.
Section 4. That this ordinance shall take effect upon
its passage and approval, as provided by law.
PASSED AND ADOPTED ON 2nd READING this 14th day of
JOHNSTON
SASSER & RANDOLPH
111D HARVEY BUILDING
WEST PALM BEACH, FLA.
33b02
January, A. D., 1975.
APPROVED
Mayor
ATTEST :.
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Vi lage Clerk
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JOHNSTON
SASSER & RANDOLPN
1118 HARVEY BUILDING
WEST PALM BEACH. FLA.
33402 ~
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