46-78 VOID
ORDINANCE NO. 46-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 27, ARTICLE III, "SANI-
TARY SEWERAGE", OF THE CODE OF ORDINANCES BY REPEALING
SECTION 27-28.1(a) (b) (c) (d) AND (e) AND PROVIDING FOR
ELIMINATION OF DIVISION OF THE CITY INTO TWO DISTRICTS
FOR PURPOSES OF APPLICATION OF SEWER CONNECTION CHARGES;
AND ENACTING A NEW SECTION 27-28.1(A) PROVIDING FOR APPLI-
CATION OF CONNECTION CHARGES BASED ON WHETHER SANITARY
SEWERS ARE AVAILABLE AS OF THE EFFECTIVE DATE OF THIS
ORDINANCE; LETTERING EXCEPTION PROVISION TO READ (B) AND
CHANGING (a)(b) AND (c) TO (1)(2) AND (3) RESPECTIVELY;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 27-28.1(a)(b)(c)(d) and (e) is hereby
repealed and the fOllowing is enacted in lieu thereof:
(A) Applicability - The above mentioned connection fees
shall be applied as follows:
(1) Where sanitary sewers are available as of the
effective date of this section, the connection
charge shall be applicable to all connections.
(2) Where no sanitary sewers are available as of the
effective date of this section, properties shall
not be subject to said connection charge provided
they are connected to the sanitary sewer within
sixty (60) days after acceptance of their particular
collection system as operational by the City Council
If any person, firm or corporation obtains a connec-
tion permit prior to the above deadline, no
connection charge shall be made during the life of
said permit, which shall be thirty (30) days.
Section 2. That the exception provision applicable to sewer
connection charges on page 298.8 of the Code of Ordinances is to be lettered
and numbered as follows:
(B) Exceptions to sewer connection charge. Any structures
that would ordinarily be subject to the connection
charges set forth above shall be exempt if:
~a~ (1) The structure is in a development in which the owner
or developer at his expense has constructed and
turned over to the City, permanent sewer treatment
and/or transmission facilities adequate to serve
such property and is a party to the Southwest Deve-
lopers Agreement and/or the Northwest Developers
Agreement or the structure is in a development that
is at least twenty-five (25) per cent complete on
the effective date of this section. For the purpose.~
of this paragraph, the meaning of the word develop-
ment shall include but not be limited to structures,
units or interests that are offered as a part of a
common promotional plan of advertising and sale.
~ (2) As to a particular structure, all permits, including
but not limited to building permits, water and sewer
permits, have been issued not later than January 24,
1978, and the meter installations and water connec-
tion for such structures occur not later than July
24, 1978.
~e~ (3) The exceptions created herein shall not apply to any
permit issued prior to the effective date of this
tion; only those structures for which permits are
issued subsequent to the effective date of this sec-
tion, and which otherwise meet the above criteria,
shall be exempt from the connection charges.
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 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1978.
MAYOR
ATTEST:
City Clerk
First Reading Jul~ 24, 1978
Second Reading
VOID
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