HomeMy WebLinkAboutDocumentation_Regular_Tab 16_05/12/2011 VILLAGE t AMENDED FOR SECOND
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AGENDA ITEM T READING PER COUNCIL
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DIRECTION AT THE 4/14/11
. VlLLAGE COUNCIL M COU MEETING
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Meeting Date: Meeting Type: Reguiar ' Ordinance #: 6-11 ,
4/14/11
Consent Agenda: No Resolution #:
Originating Depart�nent: Manager
2 . AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff repo
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Ordinance 6-11, First Reading, Amending Water Service Rates and Charges to Allow for V'illage Councif
Discretion in the Implementation of Certain Surcharges
3. BUDGET / FtNANC1AL 1MPAC
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Account #: , Amount of this item.
Current Budgeted Amount Available: I Amount Remainin after item:
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Budget Transfer Required: Appropriate Fund Balance: i
•�_ EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda iterr�)
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J�°dinance 6-11. First Readin�, Amending Water Service Rates and Charges to Allow for Village Counci� ,
Discretion in the Implementation of Certain S
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��`i��• ���� _ Finance Director: �; Revoewed fc�r Fina�cial
_�________.__ � Sufficiency
� No Financial impact
�ttorney: (for legal sufficiency) Ye� �� Na ;__;
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��a¢4age Manager: �.--- "
= SUBMIT FOR COUNCtL DISCUSSI�N: �'!
ORDINANCE NO. 6-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 74. UTILITIES. AT
ARTICLE II. WATER SERVICE. DIVISION 2. RATES AND CHARGES.
BY AMENDING SECTION 74-74 TO ALLOW FOR VILLAGE COUNCIL
DISCRETION IN THE IMPLEMENTATION OF CERTAIN
SURCHARGES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 74. UTILITIES. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council desires to update its utility regulations in order to
allow for Village Council discretion in the implementation of certain surcharges; and
WHEREAS, the Village Council believes this ordinance to be in the best interests
of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 74. Utilities. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article II. Water Service. by revising Section 74-74 to
allow for Village Council discretion in the implementation of certain surcharges;
providing that Section 74-74 shall hereafter read as follows:
Sec. 74-74. Water restriction surcharge adjustment.
�a If the South Florida Water Management District or other authority having jurisdiction
declares a water shortage requiring mandatory curtailment or imposes guidelines to be
followed which result in a 15 percent reduction in water usage at minimum, the
consumption charges listed in this division shall be increased 18 percent on the next
billina cvcle and on all subseauent billina cvcles until such time as the water shortaae
declaration is rescinded. The 18 qercent increase shall be removed from the first billinp
cvcle and all subseauent billina cvcles followina the rescission of the water shortaae
declaration.
(b) If a reduction of water use in excess of 15 qercent is reauired or such a auideline is
imposed. and the 18 qercent rate increase described in (a) above has been
implemented. the villaae council mav. bv resolution. reduce the 18 percent surcharae by
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anv amount. so lona as sufficient revenue will be aenerated to comqlv with debt service
covenants or to meet other reauirements of the water svstem
�c If a reduction of water use in excess of 15 percent is required or such a guideline is
imposed, and the 18 aercent rate increase described in (a) above has been
implemented. the village council may establish by resolution an appropriate surcharge
in excess of 18 aercent based upon a recommendation of the village manager as to the
revenue required to comply with debt service covenants or to meet other requirements
of the water system.
Section 2: Each and every other section and subsection of Chapter 74.
Utilities. shall remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
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