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HomeMy WebLinkAboutItem VI (B) Resolution No. 94-14, revising Resolution 94-09 relating to water shortage measures AGENDA 7-19-94 • . _ _ Item VI B 0` A' ; R� a c ‘akri �Ry'f*© JAMES W.SHIRA,P.E.o0 CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: July 15, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilitie Director SUBJECT: Water Use Restrictions = = =___ The attached Resolution No. 94-14 repeals Resolution No. 94-09 passed on May 3, 1994 which established a ban on lawn irrigation and other non-essential uses of water between the hours of 8:00 a.m. and 8:00 p.m. in response to a water shortage declared by the St. John's River Water Management District (the District). On July 12, 1994, as a result of the rainfall during the past few months, the District reduced the irrigation ban hours for lawn sprinkling and other non-essential uses of water. These types of water use are now prohibited from 10:00 a.m. to 4:00 p.m. in accordance with the District's general Water Conservation Rule. By repealing Resolution No. 94-09, we will remain in conformance with the irrigation rules established by the District. The City can re-establish more stringent restrictions if a water shortage should again be declared by the District . THE PRIDE OF WEST ORANGE ‘c) FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM Via Hand Delivery TO: James W. Shira, City Engineer FROM: David P. Barker, Assistant City Attorney 9P-6 DATE: July 15, 1994 RE: City of Ocoee Water Shortage Ordinance and Resolution/ Resolution Repealing Resolution 94-09 Pursuant to your request, we have prepared the enclosed original Resolution which repeals Resolution No. 94-09 adopted by the City Commission on May 3, 1994, which declared a water shortage and established a water ban between the hours of 8:00 a.m. and 8:00 p.m. The enactment of the enclosed Resolution will have the effect of setting the water ban between the hours of 10:00 a.m. and 4:00 p.m. pursuant to the general Water Conservation Rule of the St. Johns River Water Management District. Please note that the City will not be able to enforce this water ban pursuant to Chapter 175 of the Ocoee City Code as that Chapter only authorizes the City to enforce these provisions during an emergency water shortage situation. After you have had a chance to review the Resolution, please contact me with any comments or revisions which you require, or forward the Resolution to Jean for placement on the Agenda for the next meeting of the Ocoee City Commission. /jh Enclosure 1 � l cc: Paul E. Rosenthal, Esq., City Attorney I 5 1994 Martha H. Formella, Esq., Assistant City Attorney RESOLUTION NO. 94- 14 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA REPEALING RESOLUTION NO. 94-09 RELATING TO THE DECLARATION OF A WATER SHORTAGE; DECLARING THAT THE PROVISIONS OF CHAPTER 175 OF THE OCOEE CITY CODE ARE NOT APPLICABLE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; REPEALING ALL PREVIOUS RESOLUTIONS RELATING TO WATER SHORTAGE MEASURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 3 , 1994, the City Commission of the City of Ocoee adopted Resolution No. 94-09 to institute water shortage measures pursuant to Chapter 175 of the Ocoee City Code; and WHEREAS, these water shortage measures prohibit irrigation between the hours of 8 : 00 a.m. and 8 : 00 p.m. , subject to certain exemptions and alternative water conservation practices; and WHEREAS, at the time Resolution No. 94-09 was adopted, the area within the Wekiva River Basin under the jurisdiction of the St . Johns River Water Management District, which includes a large portion of the City limits, was subject to a similar irrigation ban pursuant to the Order Declaring a Water Shortage within the Wekiva River Basin entered by the St . Johns River Water Management District Governing Board ( "Wekiva River Basin water shortage irrigation ban" ) ; and WHEREAS , on July 12 , 1994, the St . Johns River Water Management District Governing Board lifted the Wekiva River Basin water shortage irrigation ban; and WHEREAS, the general rule currently applicable within the jurisdiction of the St . Johns River Water Management District for landscape, agriculture, nursery, golf course, and recreation area irrigation which does not exceed individual permitting thresholds prohibits irrigation between the hours of 10 : 00 a.m. and 4 : 00 p.m. (subject to certain exceptions and alternative water conservation practices) , and this general rule becomes effecEive upon the lifting of the Wekiva River Basin water shortage irrigation ban; WHEREAS, the City Commission of the City of Ocoee has determined that ' the estimated present and anticipated demand no longer exceeds the estimated present and anticipated available water supply such that water shortage measures, pursuant to Chapter 175 cf the Ocoee City Code, are not necessary at this time within the City of Ocoee ' s water service territory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA that Resolution No. 94-09 of the City of Ocoee, Florida is hereby repealed and rescinded in its entirety; BE IT FURTHER RESOLVED the provisions of Chapter 175 of the Ocoee City Code are not applicable until instituted by subsequent resolution of the City Commission; BE IT FURTHER RESOLVED that the City Clerk is directed to file a copy of this Resolution with the Department of Environmental Protection, as required by the provisions of Section 373 . 023 , Florida Statutes; BE IT FURTHER RESOLVED that this Resolution supersedes and repeals any previous Resolution or Resolutions of the City pertaining to the applicability of water shortage measures . THIS RESOLUTION was passed and adopted at a meeting of the City Commission of the City of Ocoee, Florida on the day of , 1994 and will become effective immediately upon adoption. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADOPTED , 1994 THE CITY OF OCOEE, FLORIDA UNDER AGENDA ITEM APPROVED AS TO FORM AND LEGALITY NO. this day of , 1994 . FOLEY & LARDNER By: City Attorney C:\W p51\DOCS\OCO CC\R RI'CAL.RCS X 7/15/94 118W010Idpb:jh