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
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE " MIAMI BEACH, FLORIDA 33139
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