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HomeMy WebLinkAboutResolution 2001-02 RESOLUTION NO. 2001 - 02 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, DECLARING A WATER SHORTAGE EMERGENCY AND PROVIDING FOR THE LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to declare a water shortage emergency within the City, pursuant to Chapter 175 of the City Code; and WHEREAS, the S1. Johns River Water Management District Governing Board has issued an Order Declaring a Severe Water Shortage affecting the City of Ocoee, Florida, with such Order attached hereto as Exhibit "A" and incorporated herein by this reference (the "SJRWMD Order"); and WHEREAS, during such water shortage emergency, the amount of surface and/or groundwater supplies may become insufficient to meet current or anticipated demands; and WHEREAS, upon the existence of such conditions, it becomes imperative to the public well-being that certain uses of water be restricted or curtailed and that available water resources be allocated for the most beneficial uses; and WHEREAS, the S1. Johns River Water Management District has responsibility under Chapter 373, Florida Statutes, for regulating water use and allocating available water supplies during periods of water shortage; and WHEREAS, the S1. Johns River Water Management District has adopted a "Water Shortage Plan", codified as Chapter 40C-21, Florida Administrative Code, for the purpose of allocating and conserving the water resource during periods of water shortage and maintaining a uniform approach towards water use restrictions; and 006.206321.2 WHEREAS, the S1. Johns River Water Management District has requested the assistance of the City of Ocoee in the enforcement of the provisions of the "Water Shortage Plan" and the SJRWMD Order; and WHEREAS, it is the desire of the City Commission of the City of Ocoee to provide the S1. Johns River Water Management District with assistance in the enforcement of the provisions of the "Water Shortage Plan" during the water shortage emergency; and WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty of county/municipal governmental and law enforcement officials to assist the S1. Johns River Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the S1. Johns River Water Management District; and WHEREAS, the City Commission of the City of Ocoee has the power, pursuant to Section 175-3 of the City Code, to declare a water shortage emergency if (i) the estimated present and anticipated demand for water exceeds the estimated present and anticipated available water supply such that a water shortage exists; and (ii) the City has an immediate need for measures to address the water shortage to assure an adequate supply of water to water users within the City of Ocoee's water service territory; and WHEREAS, the City Commission hereby declares that the conditions of Section 175-3 of the City Code have been met and that a water shortage emergency exists within the corporate limits of the City; and WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the adoption of this Resolution is necessary, appropriate, and in the public interest of the citizens of this community. 006.206321.2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Intent and Purpose. It is the intent and purpose of this Resolution to protect the water resources of the City of Ocoee from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the St. Johns River Water Management District in the implementation of its Water Shortage Plan and enforcement of the water use restrictions contained in the SJRWMD Order. SECTION 3. Amendments to Water Shortage Plan. Chapter 40C-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by this reference. SECTION 4. Declaration of Water Shortage Emergency. The St. Johns River Water Management District Governing Board has declared a water shortage emergency within the corporate limits of the City of Ocoee. The City Commission of the City of Ocoee hereby finds that the circumstances described in Section 175-3 of the City Code exist within the corporate limits of 006.206321.2 the City. In light of the foregoing, the City Commission of the City of Ocoee hereby declares a water shortage emergency within the corporate limits of the City and finds that Chapter 175 of the City Code shall be in effect and enforceable throughout the corporate limits of the City. Upon the adoption of this Resolution, all water use restrictions or other measures adopted by the District in the SJRWMD Order shall be subject to enforcement action. In addition, the City Manager is hereby authorized upon the adoption of this Resolution to delegate enforcement responsibilities for this Resolution to departments of the City government, pursuant to Chapter 175 of the City Code. SECTION 5. Enforcement. The City of Ocoee shall diligently enforce the provisions of 175 of the City Code and shall issue citations for violations of the same according to the provisions thereof. All fines collected for such violations shall be for the benefit of the City. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 006.206321.2 PASSED AND ADOPTED this l.. -,.;.. day of r ~ ~R I.! A-1. y, 2001. APPROVED: ATTEST: JeaA~ City Clerk CITY OF OCOEE, FLORIDA J ~ &Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. iITT A FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO ORM AND LEGALITY this -'- day of rut( ,2001. FOLEY ARDNER By: City Attorney 006.206321.2