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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-083Introduced by: Temp#796 Rev. 7/28/80 �1, 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 3 1 20 21 22 23 24 25 26 27 28 29 .1 32 33 34 35 3E CITY OF TAMARAC, FLORIDA ORDINANCE NO. d--So-U AN EMERGENCY ORDINANCE AMENDING SECTIONS 35 AND 36 OF ORDINANCE NO. 80-35 PERTAINING TO THE ESTABLISHMENT OF WATER AND SEWER RATES AND CHARGES FOR THE WATER AND SEWER UTILITIES OWNED AND OPERATED BY THE CITY OF TAMARAC BY PERMITTING RATES AND CHARGES TO BE MODIFIED IN EMERGENCY SITUATIONS WITHOUT THREE DAYS NOTICE OF PUBLIC HEAR'.'G IN A NEWSPAPER OF GENERAL CIRCULATION; PROVIDING BASE. A=OR EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF TAMARAC, FLORIDA: SECTION 1: FINDING OF EMERGENCY. When the City's Comprehensive Water and Sewer Regulations were enacted in Ordinance No. 80--35, no provision was made for the immediate modification of rates.and charges in emergency situations. Frequently circumstances arise which require immediate attention to protect the integrity of the water or sewer system, or both. While it is desirable to have published notice of public hearings, it may be necessary to dispense with same in order that action to protect the health and welfare of the people of Tamarac may be taken. At the time of enactment of this Ordinance.such an emergency exists concerning the City's sewer system. Some portions of the system are operating at capacity and will be extended beyond capacity if immediate action vis a vis new development via contribution charges is not made. Projects are ready to be approved and delay would be detrimental. SECTION 2: Section 35 of Ordinance No. 80-35 is amended by adding the words,.numerals and punctuation underscored, and by deleting the words, numerals and punctuation struck through as follows: Section 35. The rates and charges applicable to the West utility shall be established by Resolution of the City Council after a Publ-ic Hearing noticed in a newspaper of general circulation no less than three days prior to the Public Hearing. However, in the event the City Council finds and determines that an -emergency situation exists, it ma waive the advertisin re- uirements and ma ify existinq rates and charges. However, the City may establish an initial rate schedule concurrently with the enactment of this. Ordinance and without the necessity of a Public Hearing thereon. U UTON 3: Section 36 of Ordinance No. 80-35 is amended by adding the words, numerals and punctuation underscored, and by deleting the words, numerals and punctuation struck through as follows: 23 24 Section 36: The rates and charges applicable to the East West utility shall be established by Resolution of the City Council after a Public Hearing noticed in a newspaper of general circulation no less than three days prior to the Public Hearing. However, in the event_ the City Council finds and that _ age y exists, may waive the advertising determines that an emer enc^_situation exists,_ it .,_ requirements and may, by Resolution, modify existing rates and charges. However, the City may establish an initial rate schedule concurrently with the enactment of this Ordinance and without the necessity of a Public Hearing thereon. SECTION 4: Specific authority is hereby granted to codify this ordinance. SECTION 5: All ordinances or parts of ordinances in conflict 'herewith are repealed to the extent of such conflict. SECTION 6: Should any section or provision of this ordinance or any portion hereof or any paragraph, sentence or word be declared -by a Court of competent jurisdiction to be invalid, such decision shallnot affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 7: This ordinance shall become effective immediately upon its passage at First and Second reading or as otherwise provided by law. PASSED FIRST READING this,�day of ,1980. PASSED SECOND READING thisday of ,1980. MAYO ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE MAYOR: "� �. `� �.K.� ' ' �!�~ -,..`� DISTRICT CITY ATTORNEY DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE