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Home My WebLink AboutDocumentation_Regular_Tab 16_05/08/2008r ~~~~ I 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: May 8, 2008 Meeting Type: Council Meeting Ordinance #: 12-08 Consent Agenda: ~m ., .,~~ ~ Resolution #: ~" i~~,~ t--{.~ ~~ ~~~~~~ .~~~a. Originating Department: Administration 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 12-08 amending Chapter 74. Utilities. at Article II. Water Service. At Division 2. Rates and Charges to provide for updated language regarding utility security deposits, CPI increases, water restriction surcharges and surcharges outside corporate boundaries. 3. BUDGET /FINANCIAL IMPACT: Account #: ~ Amount of this item: j Current Budgeted Amount Available: `~~ er~~c:r t~~? Amount Remaining after item: ~~ ~ ~~ ~ ~ ~<~a Budget Transfer Required: ~~~;~s~ r~~, Appropriate Fund Balance: ~`;ose ~r~ i~~~~ 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance 12-08 amending Chapter 74. Utilities. at Article II. Water Service. At Division 2. Rates and Charges by amending Sections 74-68, 74-72, 74-74 and 74-79 and repealing 74-73 to provide for updated language regarding utility security deposits, CPI increases, water restrictions surcharges and surcharges outside corporate boundaries; providing that each and every other section and sub-section of Chapter 74. Utilities. shall remain in full force and effect as previously adopted. 5. APPROVALS: Dept. Head: ~~-i~- -Finance Director: Attorney: (for legal sufficiency) Village Manager: .~~ ~ - • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: Yes [~ No ^ DENY ITEM: ^ MEMORANDUM Village of Tequesta Administration TO: Village Council FROM: Michael Couzzo, Village Manager_=-=~.. ~ - - - DATE: May 8, 2008 SUBJECT: Ordinance 12-8 authorizing to amend Chapter 74. Utilities. At Article II. Water Service. At Division 2. Rates and Charges. Attached for your review and consideration is Ordinance 12-08 authorizing to amend Chapter 74. Utilities. At Article II. Water Service. At Division 2. Rates and Charges. By amending Sections 74-68, 74-72, 74-74 and 74-79 and repealing 74-73 to provide for updated language regarding utility security deposits, CPI increases, water restrictions surcharges and surcharges outside corporate boundaries; providing that each and every other section and sub-section of Chapter 74. Utilities. shall remain in full force and effect as previously adopted. I respectfully request that Council approve the Water Treatment Plant Expansion work authorization. ORDINANCE NO. 12-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 74. UTILITIES. AT ARTICLE II. WATER SERVICE. AT DIVISION 2. RATES AND CHARGES. BY AMENDING SECTIONS 74-68, 74-72, 74-74 AND 74-79 AND REPEALING SECTION 74-73 TO PROVIDE FOR UPDATED LANGUAGE REGARDNG UTILITY SECURITY DEPOSITS, CPI INCREASES, WATER RESTRICTION SURCHARGES AND SURCHARGES OUTSIDE CORPORATE BOUNDARIES; 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 be consistent with changes in the law and for consistency with its rate resolution; 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 ofthe Village of Tequesta is hereby amended at Article II. Water Service. by revising sections 74-68, 74-72, 74-74 and 74-79 and repealing Section 74-73; providing that sections 74-68, 74-72, 74-73, 74-74 and 74-79 shall hereafter read as follows: DIVISION 2. RATES AND CHARGES Sec. 74-68. Security deposit. There shall be a security deposit as established by resolution of the village council and on file in the village clerk's office for each account, to be paid at the time of application for water service. The security deposit is intended as security for payment of any final bill prior to disconnection. In computing the final bill for an account, the meter deposit shall be credited to that account. The deposit will ~ bear interest at the revailin~ rate and shall be credited to each account annually at the end of the Village's fiscal year. Sec. 74-72. Automatic annual rate adjustment. The village adopts annually, effective with bills rendered on and after October 1, 1999, and each year thereafter, an automatic annual index rate adjustment to all of the rates, fees and charges as contained in this division to be applied to such rates which are in effect immediately prior to the effective date of each annual increase. The annual index rate adjustment shall be equal to the application of the nercenta~e change in the Consumer Price Index from the Bureau of Labor Statistics Southeastern Regional Office as defined in May of each and every year, ^°r *"° ^^^~•^' ~^~'°° r°*° ^°'^~~'°*~^^ which shall be applied to the > > ''°~^R ^^~~°r°a ~^ °~~^'' r^*°° ~ r ~=~°*°r °°^~~^° rates, fees, and chari?es forwater service immediately in effect prior to the application of such annual index rate adiustment. including the minimum monthly service charge and quantity charge. The rates, fees, and charges which are adiusted for the annlication of the annual index adiustment shall be rounded to the nearest 1/100 place. Sec.74-73. .Reserved. Sec. 74-74. Water restriction surcharge adjustment. If the South Florida Water Management District or other authority having jurisdiction declares a water shortage requiring mandatory curtailment or im oses 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. If a reduction of water use in excess of 15 percent is required or such a guideline is imposed, the village council may establish by ^~ resolution an appropriate surcharge 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. Sec. 74-79. Surcharge for consumers outside village. -2- (a) The schedule of rates and charges for water services furnished to consumers outside the corporate limits of the village ~r +''° ,,,,;,,°^~^r°*°a D~'m 1?°°^" ~'^~~~*~~ shall include an additional 25 percent water surcharge fee to offset water system improvements and maintenance costs, as authorized by the state legislature. -r,h;~ ~,,,.^''°r^° °"~"''° ~m^'°m°^+°~' '^ ~ , ~ ~ .., .......,............ .,.,., ..,..... b.. .,. ....,, t......,.., °~F n+;<.° n rnl,nr~,° n ..~+l,n+ a~+° ..,;11 l.° ~ ... .,....... ., .. » ............... ............. _1.,... . , . , , +.,tnl ~,f' 1 4 ,~ °„+ .,, ., ., _..»_ _.._ °~~ ,.+;~.° ~ r~i,~r^° ~ .,~+l,.,t rl~+° .:.;11 L,° ~ > +l,+~l ~.f 7[ ,~, °„+ > ••;11~„ t~ 1i t ~t~ •, + ~ i t ° r~+°.d l~A~,-+;,, ~`~,,,,,+~, ~1,~ 11 ;,,~.1„rl° ~n 0-E~pA~a -1~1-1- 31, vu i- si z~ £-- S-@ F ~ 1, ; ~,,, ~ ~ F 11.,.., °Ff ,.+;..° ~ ,-,.1,~,-,~° ~ „F +l,~+ .-lam+° . ,; 11 l,° ~ > +.,+~1 ~,f 1 4 ,-.°,-~°„+ > > > Section 2: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 3: 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 4: Specific authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. Upon First Reading this 8th day of May, 2008, the foregoing Ordinance was offered by and upon being put to a vote, the vote was as follows: who moved its adoption. The motion was seconded by For Adoption Against Adoption Mayor Pat Watkins Vice Mayor Calvin Turnquest Councilmember Vince Arena Councilmember Jim Humpage Councilmember Tom Paterno -3- Upon Second Reading this 12t" day of June, 2008, the foregoing Ordinance was offered by who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins Vice Mayor Calvin Turnquest Councilmember Vince Arena Councilmember Jim Humpage Councilmember Tom Paterno The Mayor thereupon declared the Ordinance duly passed and adopted this day of .2008. MAYOR OF TEQUESTA Pat Watkins ATTEST: Lori McWilliams, CMC, Village Clerk Y:\docs\Tequesta\Ordinances\2008\Ordt2-OS-Ch74 Revised.doc -4-