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2002-R-14 " '-' ...." RESOLUTION NO. 2002-R-14 " \ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA, MODIFYING THE SCHEDULE OF SURCHARGES, FEES AND CIVIL PENALTIES RELATING TO CHAPTER 19 (UTILITIES AND SERVICES); REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On May 21, 2001, the City of Edgewater adopted Ordinance No. 2001-0-08 modifying the water conservation requirements applicable to the citizens of the City along with Resolution No. 2001-R-08 that established a Schedule of Fees and Civil Penalties relating to Water Conservation Violations. 2. As a result of the severe drought within our area and continued violations of the Water Conservation Ordinance, City Council announced an Emergency situation during the May 20, 2002 Council meeting in an effort to resolve outstanding issues relating to the situation. 3. As a result of the Emergency situation and in an effort to curtail violators of the Water Conservation Ordinance, City Council hereby modifies the Schedule of Fees and Civil Penalties that were enacted pursuant to Resolution No. 2001-R-08. NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida: Section 1. Modification of the Schedule of Fees and Civil Penalties Pursuant to Chapter 19 (Utilities and Services), the schedule of fees and civil penalties set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby established. Section 2. All resolutions or parts of resolutions in conflict herewith be and same are 2002-R-14 1 U 0 hereby repealed. Section 3. This resolution shall take effect upon adoption. After Motion by Councilman Brown and Second by Councihan Vincenzi, the vote on this resolution was as follows: AVE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Dennis A. Vincenzi X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X PASSED AND DULY ADOPTED this 3rd day of June, 2002. ATTEST: For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2002-R-14 2 CITY COUNCIL OF THE CITY WATER, FLORIDA Donald A.Schmtdt Mayor AA'-',At Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this 3rd day of June, 2002 under Agenda Item No. 6D. '-" ...." EXHIBIT" A" UTILITIES AND SERVICES WATER CONSERVATION VIOLATION SCHEDULE OF FEES AND CIVIL PENAL TIES FEES If there is a disconnection of reclaimed water service due to water conservation restrictions and/or violations, each customer will be assessed a twenty-five and no/100 dollars (25.00) re-connection fee for services. CIVIL PENAL TIES Pursuant to Sections 373.613 , Florida Statutes, and Section 19-88 of the Code of Ordinances, City of Edge water, the City Council hereby establishes the following schedule of civil penalties for violations of Chapter 19, relating to misuse of potable, well or reclaimed water by any person who does not contest a citation and is not mandated to appear in court: 1. 2. 3. 1 st offense: 2nd offense: 3rd offense: 5. Continued abuse: Warning Notice. $100.00 fine. $150.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of$175.00. $475.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of $500.00. $500 fine per violation. 4. 4th offense: 2002-R-14 3