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94-O-21 :. '" ....,; ORDINANCE NO. 94-0-21 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING SECTION 9.5-72 (SAME SCHEDULE) OF ARTICLE IV (STORMWATER MANAGEMENT UTILITY) OF CHAPTER 9 (FLOOD CONTROL AND DRAINAGE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, BY INCREASING THE STORMWATER MANAGEMENT UTILITY FEE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is necessary to increase the stormwater management utility fee in order to provide the necessary services and facilities associated with the paving of roads within the City. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDMENT OF SECTION 9.5-72 (SAME - SCHEDULE) OF ARTICLE IV (STORMWATER MANAGEMENT UTILITY) OF CHAPTER 9 (FLOOD CONTROL AND DRAINAGE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Section 9.5-72(3) is amended to read as follows: Section 9.5-72(3). Same - Schedule. (3) Charge per EDU. The charge per EDU will be three six dollars (3.00) ($6.00) per month and will consist of a base fee of one dollar forty oix two dollars ninety-two cents (61.46) ($2.92) per EDU applicable to all developed property, plus a contribution fee of onc doll~r fifty four three dollars and eiqht cents (61.54) ($3.08) per EDU applicable to all developed property. Upon the retirement of the bonds used to finance the Florida Shores Road Improvement Pro;ect. the charge per EDU will be three dollars ($3.00) per month and will consist of a base fee of one dollar forty-six cents ($1.46) per EDU applicable to all developed property. plus a contribution fee of one dollar fifty-four cents ($1.54) cents per EDU applicable to all developed property. All nonresidential property with site mitigation facilities will not pay the contribution fee. Struck through passages are deleted. Underlined passages are added. 94-0-21 1 ...' "- ~ " r PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take effect on October 1, 1994. PART F. ADOPTION. After Motion by Councilman Mitchum and Second by Councilwoman Martin, the vote on the first reading of this ordinance held on August 15, 1994, was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones ABSENT Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE Struck through passages are deleted. Underlined passages are added. 94-0-21 2 After Motion by Councilman Jones and Second by Councilwoman Martin, the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 7th day of September, 1994. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By, Ma ayorck H. B or. 11/ APPROVED FOR FORM AND CORRECTNESS: LA A k� Krista A. Storey City Attorney r•-••� passages are deleted. Underlined passages are added. 94-0-21 3