HomeMy WebLinkAboutDocumentation_Regular_Tab 12A_06/10/1999joNEs
,FASTER
JOHNSTON
&. STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esq.
Direct Dial: (561) 650-0458
E-mail: jandolph@jones-foster.com
April 27, 1999
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Creation of Utilities Department
Our File No. 13153.1
Dear Tom:
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561 j 659-3000
t i_
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Facsimile (561) 832-1454
This is in response to your letter of April 21, 1999. Indeed the Village Charter at Section 3.07
contemplates establishing separate departments by way of ordinance. This has not been done in
regard to all of the departments within the Village, although it appears that the Department of
Community Development is established pursuant to Section 6-01(a) of Chapter 6 of the Code, and
the Fire-Rescue Deparhnent is created pursuant to Section 9-1 of Chapter 9.
Although I doubt that the effects of Chapter 18 and Chapter 19 of the Code will be affected by either
the adoption of a Utilities Department or the failure to adopt an ordinance creating a Utilities
Department, under the circumstances it may be wise to adopt an ordinance creating a Utilities
Department. The language of the ordinance could be as simple as that contained within Section
6.01(a) and Section 9.1. I call your attention to Section 9.1, creating the Fire-Rescue Department,
which simply states:
"There is hereby created the Village of Tequesta Fire-Rescue Department, which
department shall be composed of the chief of the department and such other
personnel and employees as maybe appointed thereto by the Village Manager."
Mr. Thomas G. Bradford
Apri127, 1999
Page 2
Perhaps Section 18-1 of the Code which is now reserved could contain language creating the
department. Toward that end, I have proposed such an amendment to the ordinance and enclose same
for your consideration.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR/ssm
Enclosure
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 18 OF THE VILLAGE CODE OF
ORDINANCES AT SECTION 18-1 SO AS TO CREATE A
VILLAGE UTILITIES DEPARTMENT; PROVIDING FOR A
UTILITIES DIRECTOR AND OTHER PERSONNEL AND
EMPLOYEES AS MAY BE APPOINTED THERETO BY THE
VILLAGE MANAGER; PROVIDING THAT THE UTILITIES
DEPARTMENT SHALL OVERSEE THE PROVISIONS OF
CHAPTER 18 OF THE VILLAGE CODE RELATING TO WATER
AND CHAPTER 19 OF THE VILLAGE CODE RELATING TO
STORMWATER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 18 of the Code of Ordinances of the Village of Tequesta is hereby
amended at Section 18-1 to provide as follows:
"Sec. 18-1. Creation of Utilities Department.
There is hereby created the Village of Tequesta Utilities Department, which
department shall be composed of the director of the department and such other
personnel and employees as maybe appointed thereto by the Village Manager. This
department shall oversee the operation of utilities within the Village including, but
not limited to, the operation and oversight of all those provisions contained within
Chapter 18 and Chapter 19 of the Village Code of Ordinances relating to water and
stormwater respectively."
Section 2. Severability. If any provision of this Ordinance or the application thereof is
held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or applications, and to this end, the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of
Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4. Codification. This Ordinance shall be codified and made a part of the official
Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
THE
Councilmember
follows:
FOR ADOPTION
AGAINST ADOPTION
ORDINANCE was offered by Councilmember
who moved its adoption. The Ordinance was seconded by
and upon being put to a vote, the vote was as
The Mayor thereupon declared the Ordinance duly passed and adopted this
of .1999.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
N: \JCR\ 131530RD\UTILITIE.DEP
April 27, 1999
FOREGOING
day
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