HomeMy WebLinkAboutItem VI (B) Resolution No. 94-09, instituting the applicability of the water shortage measures adopted in Ordinance No. 94-14 •
1 AGENDA 5-3-94
Item VI B
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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
TO: The Honorable City Mayor and the City Commissioners
of the City of Ocoee C"
FROM: Paul E. Rosenthal, Esq. , City Attorney/
DATE: April 28, 1994
RE: Resolution Number 94-09 : Declaring a Water Shortage
Pursuant to the provisions of Section 175-3 of the Ocoee
City Code (adopted by an earlier agenda item) , the City Commission
must adopt a resolution making certain findings in order for the
standby water shortage regulations set forth in Chapter 175 of the
Ocoee City Code to become effective. Attached hereto is a proposed
Resolution No. 94-09 which makes the necessary findings as required
by Chapter 175.
The basis for the declaration of a water shortage is
contained in the Resolution and will be further discussed at the
City Commission meeting.
The City Manager has reviewed the proposed Resolution and
recommends its approval .
RECOMMENDATION:
It respectfully is recommended that the City Commission
approve and adopt Resolution No. 94-09 relating to the declaration
of a water shortage.
Enclosure
/bs
RESOLUTION NO. 94-09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING
TO THE DECLARATION OF A WATER SHORTAGE; MAKING
CERTAIN FINDINGS AS REQUIRED BY CHAPTER 175 OF THE
OCOEE CITY CODE; DECLARING THAT CHAPTER 175 OF THE
OCOEE CITY CODE IS NOW APPLICABLE TO ALL PERSONS
WITHIN THE CITY OF OCOEE; PROVIDING FOR FILING WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION;
REPEALING ALL PREVIOUS RESOLUTIONS RELATING TO
WATER SHORTAGE MEASURES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Ocoee has been experiencing problems
with inadequate pressure in its potable water system; and
WHEREAS, problems with the potable water system have
resulted in estimated present and anticipated demand exceeding
estimated present and anticipated available water supply such that
a water shortage currently exists;
WHEREAS, the City of Ocoee 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 provisions of Chapter 175 of the Ocoee City
Code require the City Commission to make certain findings of fact
in order to institute water shortage measures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA that the City Commission of the City of
Ocoee hereby finds that the following circumstances exist:
1. The estimated present and anticipated demand for
water exceeds the estimated present and anticipated available
water supply such that a water shortage exists; and
2 . 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.
BE IT FURTHER RESOLVED that, based on the above findings
of fact, the provisions of Chapter 175 of the Ocoee City Code are
applicable to all persons with the City limits until such
applicability is modified, superseded, or rescinded 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
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