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Ordinance 76-2078 ORDINANCE NO. 76-2078 AN ORDINANCE REVISING WATER RATES , FEES AND CHARGES FOR WATER SERVICE TO MUNICIPAL CON- SUMERS PROVIDED FROM OCTOBER 1, 1972 THROUGH SEPTEMBER 30, 1975, AND BILLED FROM NOVEMBER 1, 1972 THROUGH OCTOBER 31, 1975 ; TO TAKE EFFECT IMMEDIATELY. WHEREAS , the City Council of the City of Miami Beach adopted Ordinance No. 1936 on September 25, 1972 , effective October 1, 1972 ; and WHEREAS, certain municipal consumers judicially con- tested that Ordinance ; and WHEREAS , the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County and the District Court of Appeal of Florida, Third District determined that the City Council of the City of Miami Beach may hold a public hearing for the purpose of redetermining the rates to be charged to municipal consumers for water services provided from October 1, 1972 until prospective rates were set upon a public hearing; and WHEREAS, the City Council of the City of Miami Beach adopted, upon appropriate public hearing, Ordinance No. 75-2046, of the City of Miami Beach, which Ordinance is in effect and has been in effect since October 1, 1975 ; and WHEREAS , the City Council of the City of Miami Beach has conducted a public hearing on September 8, 1976, which hearing was continued for closing argument until October 20, 1976, all being in accordance with the final judgments of the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, in Circuit Court Case Nos . 72-23291 and 72-25905, and further being in accordance with the opinion and mandate of the District Court of Appeal of Florida, Third District in the case of City of Miami Beach v. North Bay Village, et al. , 313 So.2d 126 (Fla 3rd Dist. 1975) , certiorari denied; and WHEREAS, the City Council of the City of Miami Beach has considered all testimony and exhibits introduced at the aforesaid hearing by all participants, including the witnesses produced by the City of Miami Beach, and the witness produced by the City of North Bay Village, Bal Harbour Village, and the riown of Bay Harbor Islands ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA : SECTION 1. That any municipality which purchased its water supply in whole or in part from the City and met the require- ments of Subsection (c) of Section 45 .4 of the Code of the City of Miami Beach during the period of time beginning October 1, 1972 and ending September 30, 1975, shall be charged at the rate of forty-three cents ($ .43) per thousand gallons of water delivered during that period of time . SECTION 2 . All ordinances in conflict herewith which were in effect up to and including September 30, 1975, be and the same are hereby repealed, but this Ordinance shall not repeal Ordinance No. 75-2046 . SECTION 3 . The City Council of the City of Miami Beach, Florida, having found and determined that emergency exists within the intent and purpose of Section 9 of the Charter of the OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 City of Miami Beach, Florida, this Ordinance is hereby adopted as an emergency measure pursuant to the provisions of said section. SECTION 4. If any section, subsection, sentence, clause or pro- vision of the Ordinance is held invalid, the remain- der of this Ordinance shall not be affected by such invalidity. SECTION 5 . To meet a public emergency affecting life, health, property or public safety, the provisions of this Ordinance shall become effective immediately upon adoption but, pursuant to the opinion and mandate of the District Court of Appeal of Florida, Third District, in City of Miami Beach v. North Bay Village, et al. , 313 So.2d 126 (Fla 3rd Dist. 1975) , certiorari denied, shall only be applicable to that water service which was provided from October 1, 1972 until September 30, 1975, and billed from November 1, 1972, through October 31, 1975. PASSED and ADOPTED this 20th day of October, 1976. Mayor Attest: City Clerk Passed and Adopted as an Emergency Measure - October 20, 1976 • - 2 - • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE " MIAMI BEACH, FLORIDA 33139 o1— +�\ O V)M a)\ CJX71 L )0 CO t O ^I� N V) I •- 1 a)•— (1) J•.O (1) 1 .N < N-4–O N - - • (/) '13 C7 O a) Vl a) — Z 4-)L E cC ro a) E owQE•— Z L V) < a) C U Z +� pa) — CD UIDG 4- 0 3 4- a) O cr)c6 C eL a) u) U CO •> C •Z4-+ i