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HomeMy WebLinkAboutOrdinance No. 35-1994r • • ORDINANCE NO. 35 -94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES, TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Subsection (a) of Section 78 -152, Monthly Sewer Rates, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 78 -152 Monthly Sewer Rates. (a) Any user of the services of the sewer system shall pay a monthly charge or rate as set forth in appendix B to this Code. The schedule of fees is subject to revision annually as may be necessary to keep rates commensurate with the changes in the cost of providing service and is otherwise subject to revision due to any regulatory or environmental factors which increase the cost of sewage treatment. All revisions shall be done by resolution and shall become effective as of May 1 of each year. The City Council may utilize, as a basis of any annual rate increase, the Consumer Price Index U.S. city average "all items" (1967 =100), published by the Bureau of Labor Statistics of the United States Department of Labor. The index number for the month of February, 1989 shall be the base index number and the corresponding index number for the month of February in each succeeding year shall be the current index number. The sewer rate shall be determined by dividing the current index number (CIN) by the base index number (BIN), in accordance with the following formula, dropping all digits after 1/100: New rate charge = (CIN) x the current sewer rate (BIN) SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent City of Cape Canaveral, Florida Ordinance No. 35 -94 Page 2 to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are hereby repealed. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September , 1994. ATTEST: L Faith G. Mil lbr f (CITY CLERK �wtif to Fc tt Approve Joh, R: ° AnOilia, CITY ATTORNEY Salamone, MAYOR x ABS cc: 9/21/94 - Deborah Haggerty, City Treasurer Michael Gluskin, Public .Works Municipal Code Corporation 1°st Reading : 9/6/94 Posted: 9/7/94 vertis3d: 9/9/94 Sacred ,;drip /20/94