62-90 ORDINANCE NO. 62-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE V,
"PUBLIC WORKS", CHAPTER 52, "WATER", SUBHEADING
"RATES, CHARGES, AND FEES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY REPEALING SECTION 52.31, "CONNECTION CHARG-
ES'', SUBSECTION (B), "EXCEPTIONS TO WATER
CONNECTION CHARGE", IN 'ITS ENTIRETY; BY
RELETTERING SECTION 52.31, "CONNECTION CHARGES",
SUBSECTION (C) TO SUBSECTION (B); BY AMENDING
SECTION 52.31, "CONNECTION CHARGES", BY ADDING A
NEW SUBSECTION (C) TO PROVIDE FOR LIMITATION ON
USE OF FEES AND A NEW SUBSECTION (D) TO PROVIDE
THAT ANY .REQUIRED CONNECTION FEE SHALL ME PAID
IN FULL PRIOR TO THE ISSUANCE OF ANY AUTHORIZA-
TION TO CONNECT TO THE CITY'S WATER SYSTEM; BY
REPEALING SECTION 52.35, "TRANSMISSION AND
STORAGE FEES", IN ITS ENTIRETY; PROVIDING A
SAVING .CLAUSE; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.31,
"Connection Charges", Subsection (B), "Exceptions to Water
Connection Charge", be and the same is hereby repealed in its
entirety.
Section 2. That Title V, "Public Works", Chapter 52,
"Water", S6bheading "Rates, Charges, and Fees", Section 52.31,
"Connection Charges", be and the same is hereby amended by
relettering Subsection (C) to Subsection (B).
Section 3. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.31,
"Connection Charges", be and the same is hereby amended by adding
a new Subsection (C) and a new Subsection (D), to read as fol-
lows:
(C) Limitation on use of fees. The connection
fee received by the city under this section shall be
used for the purpose of providing the pro rata shares
of construction costs to install adequate size major
water distribution lines, ground storage tanks, and
repumping facilities all in conformance with the city's
water master plan and for any other capital expendi-
tures caused by new users or as pledged impact fees.
The city shall establish a separate account into which
these fees shall be deposited. The money in this
account shall be expended by the city only for the
herein referred to purposes and these expenditures
shall only be made for locations in reasonable proximi-
ty to the development or unit for which the fees were
charged or in locations and for projects which are
directly impacted by that development.
(D) Subject to the applicability of Sec. 50.03,
any connection fee for a given residential dwelling
unit or its equivalent required under this section
shall be paid in full prior to the issuance of any
· authorization to connect to the city's water system.
Section 4. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.35,
"Transmission and Storage Fees", be and the same is hereby
repealed in its entirety.
Section 5. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section' 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 8th day of January , 1991.
ATTEST:
City ClerW !
First Reading December 11, 1990
Second Reading January 8, 1991
BOCA RATON NEWS
DELIt~.Y BEACH NEWS
BOYNTON BEACH NEWS
Published Dally
Monday thru Sunday
Boca Ra~on, Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared NANCY WATT who on oath says that she
is the Classified Advertising Manager of the Boca
ttaton News and the De]ray Beach News, daily
newspapers published at Boca l~aton in Palm
Beach County, Florida; that the attached copy of
advertisement was published in said newspapers
in the issues of:
Affiant further says that the said Boca Raton
News and Delray Beach News are newspapers pub-
lished at Boca Raton, in said Palm Beach County,
Florida, Monday through Sunday, and have been
entered as second class matter at the post office in
Boca Raton, Palm Beach County, Florida, for a pe-
riod of one year next preceding the first publica-
tion of the attached copy of advertisement; and
affiant further says that she has neither paid nor
promised any person, firm or corporation any dis-
count, rebate, commission or refund for the pur-
pose of securing this advertisement for publication
in said newspapers.
~ \ day of [bec. ,A.D., ~9 Cl O "' .......... '"" "'