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HomeMy WebLinkAboutOrdinance_223_11/12/1974 ORDINANCE N0.223 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 INDIVIDUAL HOME SUPPLY WELLS FOR DOMESTIC, NON-IRRIGATION PURPOSES WITHIN THE VILLAGE OF TEQUESTA, FOR ALL PROPERTIES LOCATED WITHIN THE PENINSULA AREA BETWEEN THE NORTII FORK AND THE NORTH- WEST 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 indicated that the United States Department of tine Interior Geological Survey Department has made studies which indicate that the drilling and utilization of individual home supply wells for domestic, non-irrigation purposes 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 individual home supply wells for domestic, non- irrigation purposes 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 Loxahatchee 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 JOHNBTON LILIENTHAL & JOHNSTON 7115 HARVEY BUILDING WEST PALM BEACH, FLA. 33b02 amended to provide for permitting the drilling of individual home supply wells for domestic, non-irrigation uses for all properties located within the peninsula area between the north fork and the northwest fork of the Loxahatchee River. JOHNSTON 'I LILIENTHAL & JOHNSTON 1115 HARVEY BUILDING WEST PALM BEACH. FLA. 33402 i • Section 2. That any permit issued for the drilling t of wells pursuant to this ordinance must be conditioned upon the following: i a. The permit applicant shall have an i ownership interest in the real property i on which the drilling is proposed. '~ i b. The permit applicant must have prior '~ written approval for the proposed drilling ~ I issued by the Palm Beach County Health 'j Department. i c. 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 re- i ceive service from the Village's water system at such time as water service be- ~ comes available from the Village system. d. The permit applicant shall enter into a written agreement to cap off and abandon 'I any well permitted hereunder according to all health department standards as well as I 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. e. 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 ordinance experience salt water intrusion or ~ any other problem rendering the water non-potable. 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 I and upon the transference, conveyance, or other disposition by the permit applicant of any real property on which a permit I • t 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 affect upon its passage and approval, as provided by law. PASSED AND ADOPTED ON 2nd• READING this 12th. day of November A.D.,1~74 . ~, - ~ i ;; ~/ ~1 ~~j,~ / ', JOHNSTON LI LIENTHAL & JOH N5T0 1115 HARVEY BUILDING WEST PALM BEACH, FLA 33402 • i ORDINANCE N0. 253 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, REPEALING ORDINANCE NO. 223, ENTITLED AN ORDINANCE FLORIDA, AMENDING RESOLUTION N0. 6-72/73 TO PROVIDE FOR THE GRANTING OF PERMITS TO ALLOW THE DRILLING OF INDIVIDUAL HOb4E SUPPLY WELLS FOR DOMESTIC, NON-IRRIGATION PURPOSES 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; PROVIDING AN EFFECTIVE DATE. f WHEREAS, the Village Council of the Village of Tequesta, passed Ordinance No. 223 to provide for the granting of permits to allow the drilling of individual home supply wells for domestic, non-irrigation purposes and WHEREAS, Ordinance No. 223 was passed in order to provide the ability for persons within the prescribed area to obtain a supply of water for domestic purposes while said supply was unavailable through the Village of Tequesta, and WHEREAS, the Village of Tequesta has adopted Ordinance No. which ordinance repealed Ordinance Na. 207 and Ordinance No. 219 of the Village of Tequesta, thereby lifting the suspension on the issuance of new service connections to its water plant and. the issuance of building permits. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, Section 1. Ordinance No. 223 of the Village of Tequesta, Florida, entitled, "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 individual home supply wells for domestic non-irrigation purposes 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" is hereby repealed. Section 2. All Ordinances and Sections thereof in conflict herewith are hereby repealed. Section 3. This Ordinance shall take effect upon the effective date of Ordinance No. 251 JUHN5ION SASSFR & RANi70LPH 31if OKEEC'rf OGEE fiD. . _.,T F'A 1_M EEAC H, FLA. 334.2 ~ i JQHNSTJ('I z~ASSER & P.AMDOLPH X10 OSfEECNOBEE P.D. =-.°T PALM QE,4Cl1, FLA. 33002 c: The foregoing Ordinance was offered by Council Member Mayes who moved its adoption. The Motion was seconded by Council 114ember Yoder and upon I, being put to a vote, the vote was as follows: FOR ADOPTION ~ Mapes Yo de r Brown AGAINST ADOPTION Huggins The Mayor thereupon declared the Ordinance duly passed and adopted this l~.th day of Jae A.D., 19??. ATTEST: :, (~ ~ j Villa e Clerk MAYOR OF TEQUESTA :. ~ ,!:'