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Home My Public Portal About09-17 Schedule of Fees Sponsor: Comm. T. Holmes ORDINANCE NO. 0 9-1 7 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA; AMENDING CHAPTER 21, ARTICLE II, SECTION 21-77 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE OF RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO SEWER RATE INCREASES FOR FISCAL YEARS 2008-2009, 2009-2010, 2010-2011, 2011-2012 AND 2012-2013; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, municipalities may enact reasonable regulations to promote the health, safety and welfare of citizens; and WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the statutory requirements of 166.041(3)(a); and WHEREAS, due to an emergency condition faced by the City of Opa-locka ("City") the City Commission of the City of Opa-locka ("City Commission") desires to amend Chapter 21, Article II, Section 21-77 of the City of Opa-locka Code of Ordinances entitled "Schedule of Rates Generally" relating to sewage rates for the City on an emergency basis; and WHEREAS, the City Commission has determined that it will be in the best interest of the City to specifically amend Section 21-77 entitled "Schedule of Rates Generally" relating to increases in sewage rates for the City through an emergency ordinance. Ordinance No. 09-i 7 THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby amends Chapter 21, Article II of the City of Opa-locka Code of Ordinances entitled "Service Rates and Charges", by specifically amending Section 21-77 entitled "Schedule of Rates Generally" as set forth herein: Sec. 21-77. Schedule of rates generally. TABLE INSET: Sewer monthly service charge (residential and commercial): TABLE INSET: Effective Date Meter 4/1/08 10/01/08 10/01/09 10/01/10 10/01/11 10/01/12 Size 3/4" $ 3.16 $ 3.92 $ $ 6.03 3.92 $ 7.18 3.92 $ 3.92 1.86 3.92 1" 23.58 29.24 36.26 44.96 29.24 55.75 29.24 59.10 29.24 29.24 1.5" 26.83 33.27 41.25 51.15 33.27 63,43 33.27 67.21 33.27 _ _ 33.27 2" 56.09 69.55 86.24 106.91 69.55 132.61 69.55 140.57 69.55 69.55 3" 65.84 81.64 101.23 125.53 81.64 155.66 81.64 165.00 81.64 81.64 4" 84.05 104.22 129.23 160.25 198.71 210.63 104.22 104.22 104.22 104.22 6" 102.25 126.79 157.22 191.95 211.71 256.21 126.79 126.79 126.79 126.79 8" 120.46 149.37 185.22 229.67 281.79 301.88 149.37 149.37 149.37 149.37 Sewer usage rate per 1,000 gallons: TABLE INSET: Effective Date Ordinance No. 0 9—1 7 4/1/08 10/01/08 10/01/09 10/01/10 10/01/11 10/01/12 Residential Gallons Block 1 1 to $ $ 3.60 $ 4 3.60 $ 5.53 $ 6 3.60 $ 7.27 6,000 2.90 3.60 3.60 All Use 12.73 10.27 15.79 19.58 20.75 Block 2 > 6,000 8.28 10.27 10.27 10.27 10.27 Commercial Gallons Block 1 All Use 4.94 6.12 X59 6.12 9.11 6.12 11.67 6.12 12.37 6.12 For years after FY 2013, rates will increase by either the consumer price index (cpi) or the rate at which Miami Dade County increases the cost to provide water and treat wastewater, whichever is greater. Fire hydrant service charges - A fire hydrant service charge as specified in the City of Opa- locka schedule of rates, fees and charges for water and sewer service, shall apply for all customers within the city's service area. This charge covers the cost of installation, replacement, repair and maintenance of fire hydrants, in addition to the cost of upgrading water mains to provide required fire flows. Section 3. All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. 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 portions of this Ordinance. Section 5. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. Ordinance No. 0 9—1 7 PASSED AND ADOPTED this 21 day of SFPTFMRFR , 2009. Q,S7E-fli L. E LE MAYO ' Attest: Approved as to form and legal sufficiency: orah S. rby Burnadette Norris Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES Statutes & Constitution :View statutes :->2009->Ch0166->Section 041 Online Sunshine Page 1 of 5 Select Year: 2009 Go The 2009 Florida Statutes Title XII Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.041 Procedures for adoption of ordinances and resolutions.-- (1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. (b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection. (3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. pub) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part. 1(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St... 9/17/2009