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VI(G2) Second Reading of Ordinance 2001-17, Amending Chapter 173 By Enacting A Phased Reduction Of The Surcharge Added To Water And Sewer Service Charges For Consumers Outside The City Limits • Agenda 7-17-2001_ ' Item VI G 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoeti. S. SCOTT VANDERGRIFT °2 .yCITY OF OCOEE DANNYHOWELL �trti p COMMISSIONERS "a 150 N.LAKESHORE DRIVE v SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON �``yj,Nr,��� (407)905-3100 NANCY J.PARKER E ��. OF G00'D` CITY MANAGER JIM GLEASON Memorandum Date: July 11, 2001 TO: The Honorable Mayor and Board of City Commissioners FROM: Richard Lee, Engineer I, Engineering/Utilities Department-R.L• THRU: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Ordinance#2001-17- Second Reading Attached for your review and action is the Second Reading to Ordinance #2001-17. The first reading to the Ordinance was conducted on June 19, 2001. As a reminder, the new Ordinance was drafted after Orange County's request to reduce the surcharge for non - resident customers from 25%to 20% and then 1%per year over 5 years to 15%. On January 26, 2001, a memorandum to the City Commission was drafted to introduce the new Ordinance that stipulated the new surcharge rates as mentioned above. This memo was approved by the Commission on February 16, 2001 and staff was directed to proceed with formulating the new Ordinance. Shortly thereafter, the new Ordinance was presented and approved by the City Commission on June 19, 2001 (First Reading of Ordinance #2001-17) that describes the new surcharge on non-resident customers. Attached hereto is the Second Reading for the aforementioned document. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached documents. JWS/rl Attachments cc: David A. Wheeler, P.E., Assistant City 1 p . vIF' Agenda 6-19-2001 Item VIIE3 • ORDINANCE NO. 2001- 17 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 173 OF THE CODE OF ORDINANCES OF.THE CITY OF OCOEE BY ENACTING A PHASED REDUCTION OF THE SURCHARGE ADDED TO WATER AND SEWER SERVICE CHARGES FOR CONSUMERS OUTSIDE THE CITY LIMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee and Orange County have agreed to amend both the Water Service Territorial Agreement and the Sewer Service Territorial Agreement; and WHEREAS, as a condition to both the Water Service Territorial Agreement and the Sewer Service Territorial Agreement, the City has agreed to reduce the surcharge added to water and sewer service charges for consumers outside the City limits; and WHEREAS, the City Commission desires to adopt this Ordinance to effectuate the reduction in the surcharge. NOW, THEREFORE, BE IT ENACTED 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 Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 173-5.1 of the Code of Ordinances is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 173-5.1. Rates and charges for consumers outside city limits The schedule of monthly rates and charges for water and sewer service provided by the city to consumers located outside of the corporate limits of the city shall be the rates from time to time established by the city for consumers inside the corporate limits of the city plus a surcharge equal to twenty five percent (25%) of such rate twenty percent (20%). The surcharge shall be subsequently reduced according to the following schedule: January 1, 2003, reduced to 19% January 1, 2004, reduced to 18% January 1, 2005, reduced to 17% January 1, 2006, reduced to 16% January 1, 2007, reduced to 15% SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. -2- 006.214698.2 •PASSED AND ADOPTED this day of , 2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2001 READ FIRST TIME , 2001 READ SECOND TIME AND ADOPTED , 2001 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2001. FOLEY & LARDNER By: City Attorney -3- 006.214698.2