HomeMy WebLinkAboutOrdinance_06-11_05/12/2011 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.
ap 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
billing cycle and on all subsequent billing cycles until such time as the water shortage
declaration is rescinded. The 18 percent increase shall be removed from the first billing
cycle and all subsequent billing cycles following the rescission of the water shortage
declaration.
(b) If a reduction of water use in excess of 15 percent is required or such a guideline is
imposed and the 18 percent rate increase described in (a) above has been
implemented, the village council may, by resolution, reduce the 18 percent surcharge by
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any amount, so long as sufficient revenue will be generated to comply with debt service
covenants or to meet other requirements of the water system
Up If a reduction of water use in excess of 15 percent is required or such a guideline is
imposed, and the 18 percent rate increase described in (a) above has been
implemented the village council may establish by resolution an appropriate surcharge
in excess of 18 percent 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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Upon Second Reading this 12 day of May 2011, the foregoing Ordinance was offered
by Council Member Turnquest who moved its adoption. The motion was seconded by
Council Member Humpage and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of
May 2011.
MAYOR OF TEQUESTA
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