56-84 ORDINANCE NO. 56-g~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, AMENDING CHAPTER 29~ "WATER AND SEWERS"~
ARTICLE II, "WATER SERVICE"~ DIVISION 1, "GENERALLY", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH~ FLORIDA, BY
ADDING A NEW SECTION 29-33, "TRANSMISSION AND STORAGE FEES", TO
ESTABLISH TWO SEPARATE AND DISTINCT FEES TO BE CHARGED TO
ALL NEW USERS, BOTH INSIDE AND OUTSIDE THE CITY, OF THE CITY'S
WATER SYSTEM ON A PER RESIDENTIAL DWELLING UNIT BASIS, OR ITS
EQUIVALENT~ TO REFLECT THE SHARE OF CONSTRUCTION COSTS TO
INSTALL ADEQUATE TRANSMISSION LINES~ GROUND STORAGE TANKS,
AND REPUMPING FACILITIES IN CONFORMANCE WITH THE CITY'S
WATER MASTER PLAN AND OTHER CAPITAL IMPROVEMENTS OR FOR
PLEDGED IMPACT FEES; PROVIDING FOR A LIMITATION ON THE USE OF
SAID FEES; PROVIDING FOR PAYMENT OF SAID FEES PRIOR TO
AUTHORIZATION TO CONNECT TO THE CITY'S WATER SYSTEM~ PRO-
VIDING A GENERAL REPEALER~ PROVIDING A SAVING CLAUSE~ PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of 'the City of Delray Beach deems it to be in the best interest
of the residents and citizens of the City of Delray Beach, Florida, as well as the users of the City's
combined utility system that the City establish a fee system to support construction of water
transmission lines~ ground storage systems, and repumping facilities as are required by the City's
Water Master Plan and as are caused by new users of the City's combined public utility; and,
WHEREAS, the City Council of the City of Delray Beach does hereby declare that there
shall be two separate and distinct fees to be charged to all new users of the water system, both inside
and outside the City, based on a per residential dwelling unit basis, to be charged in addition to a
deposit, water meter installation charge~ and connection fees; and,
WHEREAS, a "transmission fee" shall be established to charge these new customers a sum
to reflect their pro rata share of capital improvements and construction costs to install adequate size
major water distribution lines in conformance with the City's Water Master Plan in an amount based
upon the construction costs estimated in 3uly of 198~ compared to the estimated residential dwelling
units to be constructed in the City; and,
WHEREAS, there shall be established a "storage fee" which shall be charged to all new
customers of the water system to reflect their pro rata share of capital improvements and
construction costs to install ground storage tanks and repumping facilities in conformance with the
City's Water Master Plan, based upon the construction costs estimated in 3uly of 19g~ compared to the
estimated number of residential dwelling units to be constructed in the City; and~
WHEREAS, the City Council of the City of Delray Beach has deemed it to be in the best
interests of the health, safety and welfare of the residents and citizens of the City of Delray Beach,
Florida and the users of the City's combined utility system to establish these charges effective upon
their announcement on 3uly 17, 198~ except for those entities or persons who have been provided
written confirmation of the City's prior fees on or before :July 17, 195~.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Chapter 29, "Water and Sewers", Article II, "Water Service", Division 1,
"Generally", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new section 29-33, "Transmission and storage fees", to read as follows:
Sec. 29-33. Transmission and storage fees.
(a) There shall be a transmission fee charge of three hundred and five dollars
($30~.00) inside the City per residential dwelling unit or its equivalent, and a s"torage fee of
one hundred and fifty dollars ($1~0.00) inside the City per residential dwelling unit or its
equivalent. A residential dwelling unit is herein defined to be any family living uni~ and,
where two (2) or more families are living on the same premises, each shall be considered as
a separate residential dwelling unit. In apartment buildings, condominiums, cooperatives,
duplexes, resort dwelling units and the like, and per each trailer space in a trailer park,
each such living unit shall be considered a separate residential dwelling unit. For
commercial, industrial and other non-residential users, said transmission fee and storage
fee referred to herein shall be charged based upon a per residential dwelling unit
equivalent, as determined by the City. The transmission fee and storage fee referred to
herein shall be charged to users wholly outside the corporate limits o! the City at a rate
twenty five (25) percent higher than for the applicable fee to users within the corporate
limits of the City.
(b) Limitation on use of fees. The transmission fee and storage 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 ~/ater Master Plan and
for any other capital expenditures 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 proximity to the
development or unit for which the fees were charged or in locations and for projects which
are directly impacted by that development.
(c) Any transmission fee or storage 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 2. That ail ordinances or parts of ordinances which are in conflict herewith are
hereby repealed.
Section 3. 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 q. That this ordinance shall be adopted immediately upon its passage on second
and final reading, anck_the fees referred to herein shall be applicable to all users who have not received
written notice from the City of its fees for obtaining water service from the City in writing on or
before 3uly 17, 198~.
PASSED AND ADOPTED in regular session on second and final reading on this the
14th day of August ,1980.
MAYOR ~' ~
ATTEST:
First Reading . July 24, 1984
Second Reading August 14, 1984