09-047
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1 ORDINANCE NO. 09-047
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 26. WATER, SEWERS AND CITY
6 UTILITIES, ARTICLE VII, SECTION 26-403, TO ADD A
7 NEW SUBSECTION (h) TO PROVIDE FOR A TWENTY-
8 FIVE CENT ($0.25) SURCHARGE TO THE MONTHLY
9 CHARGE PER EQUIVALENT RESIDENTIAL UNIT
10 (ERU) FOR A PERIOD OF TWO YEARS
11 COMMENCING JANUARY 1, 2010 TO FUND FRESH
12 WATER CANAL VEGETATION REMOVAL AND
13 MAINTENANCE; PROVIDING FOR CONFLICTS,
14 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
15 DATE.
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18 WHEREAS, Chapter 26, Article VII of the City of Boynton Beach Code of
19 Ordinances currently provides for the imposition of stormwater fees in the amount of $5.00
20 per ERU per month, upon all improved properties within the City; and
21 WHEREAS, the City Commission finds that the intrusion of aquatic vegetation into
22 the fresh water canals constitutes a danger of entrapment and concealment to canal users and
23 also finds that the vegetation, left uncontrolled, impedes the City's stormwater drainage
24 system; and
25 WHEREAS, the City Commission has deemed it appropriate and in the best interests
26 of the citizens and residents of the City to impose a twenty-five cent ($0.25) per ERU per
27 month surcharge for the funding of fresh water canal vegetative removal and control program.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
31 incorporated herein by this reference.
32
Section 2.
That Chapter 26, Article VIII, Section 26-403 is hereby amended by
33 adding the words and figures in underlined type, and by deleting the words and figures in
34 struck-through type, as follows:
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1 Sec. 26 -403. Schedule of rates.
2 ...
3 ( h) For a period of tv,o (2) y ears commencing January 1. 2010 and ending
* 4 December 31. 2012. a twenty -tive ($0.25) per FRU per month surcharge shall he collected to
5 fund a live (5) year fresh w ater canal aquatic vegetation removal and control program. The
6 surcharge funds collected shall be deposited in a separate "Fresh Water Canal Maintenance
7 Account account in the Stormmater U tility Enterprise Fund.
8 Section 3. Each and every other provision of Chapter 26, not herein specifically
9 amended shall remain in full force and effect as previously enacted.
10 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
11 same are hereby repealed.
12 Section 5. Should any section or provision of this Ordinance or portion hereof, any
13 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
14 such decision shall not affect the remainder of this Ordinance.
15 Section 6. Authority is hereby granted to codify said Ordinance.
16 Section 7. This Ordinance shall become effective during the first full billing cycle
17 in 2010 after the adoption of the Ordinance on Second Reading.
18 FIRST READING this 1S day of December, 2009.
* Scrivener's error - should read December 31, 2011.
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SECOND, FINAL READING AND PASSAGE this
'De:c:'.e.t1\ ber ,2009.
151ft
day of
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20 ATTEST:
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24 M. Prainito, CMC
25 Clerk
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30 (C
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CITY OF BO'~:~~~CH, FLORIDA
h~ i tli/~
lfi-yor - ~e aylop
J ) ~) .
/ / / ,
/1 -' /
Vice Mayor - Woodrow:
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