HomeMy WebLinkAboutOrdinance_12-08_06/12/2008ORDINANCE 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, 74-73, 74-74 AND 74-79 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 of the Village of
Tequesta is hereby amended at Article I I. Water Service. by revising Sections 74-68, 74-
72, 74-73, 74-74 and 74-79; 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. The security deposits may be credited to the accounts of customers with
good payment records by policy established by the Village from time to time, or otherwise
shall be credited to the account when it is closed. In computing the final bill for an account,
any outstanding security deposit shall be credited to that account and the remaining
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balance, if any, after being credited toward the final bill shall be returned to the customer.
The deposit will ~ bear interest at the prevailing rate and shall be credited to each
account at regular intervals, all as determined by the Village.
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 be applied to all of the
rates, fees and charges as contained in this division, including the minimum monthly
service charge and quantity charge which are immediately in effect prior to the application
of such annual index rate adjustment. The annual index rate adjustment shall be calculated
in accordance with Section 74-73. below. The rates, fees, and charges which are adjusted
for the application of the annual index adjustment shall be rounded to the nearest cent.
Sec. 74-73. Annual index rate calculation.
The annual index rate adjustment will be determined based on the application of the
following calculation formula:
Price Index = [(OC - PW) *CPIF) * (1+RRF)]
MOR
Whereby:
Price Index =The index adjustment factor to be applied to the monthly rates, fees and
charges.
OC = The Fiscal Year operating expenses for the most recently completed Fiscal Year.
PW =The cost of water purchased during such fiscal year.
CPIF = The CPI Factor defined as the percentage change in the Consumer Price
Index published by the Bureau of Labor Statistics Southeastern Regional Office as of May
of each and every year.
RRF =5.0% to allow for increased costs associated with funding renewal and
replacements.
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MOR = The Fiscal Year revenues derived from the monthly service charges, which
includes the Base Facilities Charges and the Quantity Charge, for the most recently
completed Fiscal Year.
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 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. 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.
(a) The schedule of rates and charges for water services furnished to consumers outside
the corporate limits of the village shall include an additional 25 percent water surcharge fee
to offset water system improvements and maintenance costs, as authorized by the state
legislature
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.
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Upon First Reading this 8th day of May 2008, the foregoing Ordinance was offered by
Council Member Paterno who moved its adoptio. The motion was seconded by Vice-
Mayor Turnquest and upon being put to a vote, the vote was as follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Tom Paterno
Council Member Jim Humpage
For Adoption Against Adoption
X
X
X
X
X
Upon Second Reading this 12th day of June 2008, the foregoing Ordinance was offered
by Council Member Paterno who moved its adoption. The motion was seconded by
Council Member Humpage and upon being put to a vote, the vote was as follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Tom Paterno
Council Member Jim Humpage
For Adoption
X
Against Adoption
X
X
X
X
The Mayor thereupon declared the Ordinance duly passed and adopted this 12T" day of
June, 2008.
MAYOR OF TEQUESTA
ATTEST:
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Pat Watkins
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Lori McWilliams, CMC SEAL '•~
.INCORPORATED:
Village Clerk ,_,~., ~ ~ ,_ ,