HomeMy Public PortalAbout1993-11-A Amending ordinance No 93-11, re Stormwater utility systemORDINANCE NO . 93-11-A
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING ORDINANCE NO. 93-11,
RELATING TO THE VILLAGE STORMWATER UTILITY
SYSTEM; PROVIDING FOR BILLING OF STORMWATER
UTILITY FEES; AUTHORIZING MIAMI-DADE WATER AND
SEWER AUTHORITY DEPARTMENT TO ACT AS BILLING
AND COLLECTING AGENT FOR THE VILLAGE;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the Village has determined that the most practical
and economic method for billing and collecting the Stormwater
Utility Fees is to include the fee as part of the water and sewer
bills; and
WHEREAS, Miami Dade Water and Sewer Authority Department
("WASAD") is responsible for billing and collecting water and sewer
charges from the residents of the Village; and
WHEREAS, WASAD is willing to bill and collect the Stormwater
Utility fees on behalf of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That Sec. 2 of Ordinance No. 93-11 of the
Village of Key Biscayne is hereby amended to read as follows:1
Sec. 2. Definitions
* * *
(0) WASAD shall mean Miami Dade Water and
Sewer Authority Department.
1lighllghted items are additions to the text; items struck
through are deletions to text.
Section 2. That Sec. 5 of Ordinance No. 93-11 of the
Village of Key Biscayne is hereby amended to read as follows:
Sec. 5. Collection of Stormwater Utility
Fee; Liens.
(a) The Stormwater Utility Fee shall be billed to the
owner, tenant or occupant of each Developed Property. If
the Stormwater Utility Fee is not fully paid by the
owner, tenant or occupant on or before the past due date
set forth on the owner's, tenant's or occupant's bill, a
ten percent late charge may be added to the bill. Any
unpaid balance of the owner, tenant or occupant for a
Stormwater Utility Fee shall be subject to an interest
charge at a rate of eight percent per annum. Imposition
of this interest charge shall commence 60 days after the
past due date of the fees set forth on the bill of the
owner of the Developed Property. WASAD is hereby
authorized to act as the Village's agent for the purpose
of billing and collecting Stormwater Utility Fees.
Stormwater Utility Fees shall be billed by WASAD in the
same manner and subject to the same rules and regulations
governing WASAD's water and sewer bills, including, but
not limited to/ the right to discontinue service
(b) Fees and late charges, together with any interest
charges, shall be debts due and owing the Village's
Stormwater Utility and all of same shall be recoverable
by the Village in a court of competent jurisdiction.
(c) The Village Manager shall establish procedures to
notify owners, tenants, occupants or managers of
Developed Property of delinquent Stormwater Utility Fee
accounts.
Section 3. Severability. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
2
Section 4. Inclusion in the Code. It is the intention of the
Board of Trustees, and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Code of the
Village of Key Biscayne; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. This Ordinance shall be effective
upon adoption on second reading.
PASSED AND ADOPTED on first reading this 28th day of
September , 1993.
PASSED AND ADOPTED on second reading this 12th day of
October
, 1993.
4,Lit
RAFAEL cW: CONTE, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
gil\keybisca\stormwat.ord
3
Sworn to and subscribed before me this
October ,A111 1993
f
•
.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the Super-
visor, Legal Notices of the Miami Daily Business Review flkla
Miami Review, a daily (except Saturday, Sunday and Legal
Holidays) newspaper, published at Miami in Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING ON OCTOBER 12, 1993
RE: AMENDING ORDINANCE 93-11
etc.
X X X
in the
was published in said newspaper in the issues of
October 1, 1993
Court,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant - says that she has
neither p nor promised an/• on, f m or corporation
any dis unt, rebate, com on r ref d for the purpose
of se urin• this adverti:li,' nt r pu cation in the said
ne
1st day of
e
(SEAL)
Octelma V. Ferbeyre personally known
• .mil qty ¢\O j
• E OF F1 -O.••
OFFICIAL NOTARY SRAL
CHERYL H MARMER
COMMISSION NO. CC191642
MY COMMISSION SXP. APR. 12,1996
VILLAO! OF KEY BISCAYNE
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be con-
sidered on Second Reading by the Key Biscayne Village Council at
a meeting to be held on Tuesday, October 12, 1993, at 7:00 p.m., in
the Council Chamber, at 85 West McIntyre Street, Second Floor,
Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING ORDINANCE 93-11, RELATING TO
THE VILLAGE STORMWATER UTILITY SYSTEM; PROVID-
ING FOR BILLING OF STORMWATER UTILITY FEES;
AUTHORIZING MIAMI-DADE WATER AND SEWER AUTHOR.
ITY TO ACT AS BILLING AND COLLECTING AGENT FOR
THE VILLAGE; -PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE.
Interested parties are invited to appear and be heard.
Copies of the proposed ordinance may be obtained at Vil-
lage Hall, Office of the Village Clerk, 85 West McIntyre Street,
Key Biscayne, Florida 33149.
Should any person desire to appeal any decision of the
Village Council with respect to any matter to be considered
at this meeting, that person shall insure that a verbatim
record of the proceedings is made including ail testimony
and evidence upon which any appeal may be based (F.S.
286.0105).
1011
Guido H. Inguanzo, Jr.
Village Clerk
93-4-100141M