HomeMy WebLinkAbout676-97 Water Resale Ordinance 3/ •
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12/01/97 Dpty Clerk
JED PITTMAN, PASCO COUNTY CLERK
12/01/97 02:06pm 1 of 3
OR BK .313.4.3
ORDINANCE NO.: 6 7 6 PG 1 &
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA,
PRESCRIBING THAT CUSTOMERS OF THE
CITY"S WATER -SYSTEM BE- _R.EQL ED -TO
OBTAIN A CITY PERMIT PRIOR TO SELLING
OR BOTTLING ANY WATER PRODUCT FOR
COMMERCIAL RESALE, IF THAT WATER WAS
DRAWN FROM THE CITY WATER SYSTEM.
WHEREAS, the City Council of the City of Zephyrhills,Florida, has determined that
it is in the best interest of the City that a requirement be established for the issuance of a
permit for any resale of water from City sources and/or wells; and
WHEREAS, the City has determined that groundwater is an important;resource
within the City of Zephyrhills which must be protected; and
WHEREAS, the City of Zephyrhills relies on groundwater from Floridan Aquifer
as its principal source of potable water; and
WHEREAS, the City of Zephyrhills' water system lies within the southern west-
central Florida groundwater basin and the upper portion of the basin is considered the Upper
Floridan Aquifer. The system is the principal source of consumptive use and accounts for
99% of the water used for irrigation, industry, rural and public supply in Pasco County,
including the public water system for the City of Zephyrhills; and
WHEREAS, this water supply is a valuable resource to the City, its citizens and to
those to whom it must provide water service; and
WHEREAS,the primary objective of the City of Zephyrhills for drawing water from
the Upper Floridan Aquifer-is to provide a water supply to furnish water services for
residents, customers and clients located within the City of Zephyrhills and/or those located
within the service area as agreed by interlocal agreement between the City of Zephyrhills and
Pasco County, Florida; and _
WHEREAS, design capacities of the City's water system are limited and draw
permits are regulated by the Southwest Florida Water Management District and it is a duty
and responsibility of the City to safeguard these natural resources and insure their
availability to those relying upon its services; and
NOW THEREFORE,be it ordained by the City Council of the City of Zephyrhills,
Florida, sitting in regular session, as follows:
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Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33540
OR BKaB43
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SECTION 1-Intent: It is the intent and purpose of this ordinance to protect and
maintain the quality of groundwater within the City of Zephyrhills by providing criteria for
land uses and permitting requirements for those interested in the commercial resale of this
commodity.
_ SECTION 2-Definitions:-=
Aquifer: A groundwater bearing geologic formation, or formations, that contain
enough saturated permeable material to yield significant quantities of water.
Community Public Water Supply: As defined in 17-550, Florida Administrative
Code, a community public water supply is a public water supply which serves at least 15
service connections used by year-round residents or regularly serves at least 25 year-round.
Groundwater: All water beneath the surface of the ground.
- Resale of city water: Those persons, organizations or agencies engaged in the
purchase and resale for profit of any water product obtained from the City of Zephyrhills
water supply.
SECTION 3-Permits: That the following requirements are hereby established for
the issuance of permits for the resale of water from City sources and/or wells;
1. To obtain a permit, pursuant to the provisions of this ordinance, the applicant
must:
a. Demonstrate that the usage is a reasonable-beneficial use as defined in
Florida Statutes 373.019(4).
b. Assure that same will not interfere with any presently existing legal use of
water;
c. Establish consistency with the public interest. `? f
d. Provide forecasting projections of the amounts of water to be drawn and
resold in annual increments of one year, five years and 10 years.
e. Pay applicable fees as established by City Council.
2. Applications for permit may be.denied if the quantity applied for would
cause the City to exceed current'=3olume levels established for it, or if state
regulations or other regulatory body limits reduce or otherwise impact the drawing
T capacity of the City of Zephyrhills'Utility Department.
SECTION 4-Fees: Fees for consumptive resale shall be established by separate
ordinance and set at rates 10% higher than those rates established to serve regular fixed 111
customers of the City's water system.
SECTION 5-Severability: The provisions of this Ordinance are severable, and if
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OR BK 3B i-3 RG 18,31
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any section, sentence, clause, or phrase is for any reason held to be unconstitutional, invalid,
or ineffective, this holding shall not affect the validity of the remaining portions of the
Ordinance, it being expressly declared to be the City Council's intent that it would have
passed the valid portions of this Ordinance without the inclusion of any invalid portion or
portions.
SECTION 6-Effective Date: This Ordinance shall become effective immediately
upon its passage.
The foregoing Ordinance No. (0 7(was read and passed on its first reading by the
City Council of the City of Zephyrhills, Florida, on this /D 'day of 3)3-0- 7n A✓ ,
A.D., 1997.
.L /•
c., • • L. B
„, ,..6,61.11 President of P ty Council
ATTJST. L
City-ClerkLinda . Boan
ci n
P Q O
The0f8regdiing Ordinance No. 6 '1(p was read and passed on its second reading
Liu
by the City Council of the City of Zephyrhills,Florida, on this c W day of
A.D., 1997.
0g 2E Pop'
) 101 NL. B'� ' •
. �4, President of C. Council
ATTEST: � J •.
('CCity t rk, Linda 1(loan
The foregoing Ordinance No. (0 7(o was approved by me this oV `' day of
, A.D., 1997.
. da,S,(
JAMES A. BA ,EY, Mayor
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