07-018
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1 ORDINANCE NO. 07- 0' B
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3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 26, WATER, SEWERS AND
6 CITY UTILITIES, AMENDING SECTION 26-42,
7 DELETING PARAGRAPH (B) RELATING TO THE
8 SURCHARGE FOR POTABLE WATER DURING THE
9 DECLARATION OF A WATER SHORTAGE OR
10 WATER SHORTAGE EMERGENCY; AND PROVIDING
11 FOR CONFLICTS, SEVERABILITY, CODIFICATION
12 AND AN EFFECTIVE DATE.
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14 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
15 best interest of the citizens and residents of the City to delete Chapter 26, Article III, Section
16 26-42(b), thereby rescinding the paragraph establishing a surcharge for potable water during
17 the declaration of a water shortage or water shortage emergency;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
21 incorporated herein by this reference.
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Section 2.
That Chapter 26, Article III, Section 26-42, entitled Declaration of
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water shortage; water shortage emergency, is hereby amended in part by deleting paragraph
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(b) as follows:
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Sec. 26-42
Declaration of water shortage; water shortage emergency;
surcharge.
ill The declaration of a water shortage or water shortage emergency
within all or any part of the City of Boynton Beach by the governing board or the
executive director of the district shall invoke the provisions of this article. Upon
such declaration, all water use restrictions or other measures adopted by the
district applicable to the City of Boynton Beach, or any portion thereof, shall be
subject to enforcement action pursuant to this article. Any violations of the
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provisions of Chapter 40E-21, Florida Administrative Code, or any order issued
pursuant thereto, shall be a violation of this article.
(b) Upon the declaration of a '.vater shortage or water shortage
emergency as described in (a) above, a surcharge shall be added to the charge for
potable water on all customers using more than 9,000 gallons per month. Charges
shall be applicable during the first billing cycle following the declaration, and
shall remain in effect until the declaration is lifted, as follov/s:
Water Shortage Phase
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III
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Percent Surcharge Applied
15%
30%
45%
60%
Section 3.
Each and every other provision of Chapter 26, not herein specifically
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amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
19 same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof,
21 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
22 invalid, such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately upon its passage
25 and adoption.
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FIRST READING this ~ day of Ju.ly ,2007.
SECOND, FINAL READING AND PASSAGE this
i3~U5T ,2007.
ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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