06-77 EMERGENCY ORDINANCE NO. 6-77
AN ORDINAlqCE OF THE CITY COUNCIL OF TIlE CITY OF
DELRAY BEAC~'I, FLOI~IDA, AMENDING CHAPTER 27 "WATER
AND SANITARY SEWE~LAGE" OF TIIE CITY'S CODE OF
ORDINANCES BY RE]?i~ALING SECTION 27-2 (b) (1) (2) (3)
2~D (4) EXCEPTIONS TO WATER CONNECTION CHARGE A~'4D
INSERTING A NEW SECTION 27-2(b)(1)(2) AND (3);
REPEALINC SECTION 27-28.1 (1) (2) (3) AND (4) EX-
CEPTIONS TO SEWER CONNECTION CHARGE AND INSERTING
A NEW SECTION 27-28.1(1).(2) Ai'~D (3); R~PEkLING
ALL ORDINANCES OR PARTS OF OI~DINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, %"he City Council of the City of Delray Beach has previously
created an exemption from water and sewer construction fees by Ordinance No.
53-76; a~d,
WHEI~EAS, City Council has been advised that said exemption does not
fulfiil the purpose for which it was enacted; and,
WHEREAS, numerous owners and developers of real property have been
delaying projected construction, awaiting the creation of said exemption;
and,
WHEREAS, because of said delay City Council has determined that an
emergency exists which necessitates the amendment of the aforesaid exemption
to be effective February 3, 1977, which ~,~ou!d have been the effective date
of said exemption originally
NOW, THE1LEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 27-2(b)(i)(2)(3) and (4) Exceptions to wate'r
connection charge: is hereby repealed and a new Section 27-2(b)(1)(2) and
(3) is hereby inserted to read as follows:
'Exceptions to water connection charge: Any
-structures that would ordinarily be subject
to the connection charges set forth above
shall be exempt if:
1. The structure is in a development in which
the owner or developer at their expense
have constructed and turned over to the
City, pe~'manent ~.~ter trea~men~ and/or
Transmission facilities adequate to serve
such property and is a party to the
Sc~uthwest Developers Agreement and/or the
Northwest Developers Agreement or the
structure is in a development that is at
-' least 25% complete on the effective date
of this ordinance. For the purposes of
thins paragraph the .meaning of the word
development 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. That, as to a particular structure, all
permits including but not limited to ·
building permits, water and sewer pe:~mits,
have been issued not later than January
24, 1978, and that the ]'Deter installations
and water connection for such structures
occur not.later than July 24, 1978.
3. The exceptions created herein shall not
apply to any permit issued prior to the
effective date of this amendment: only
those structures for which permits are
issued subsequent to the effective date
of this amendment, and which otherwise
meet the above criteria, shall be exempt
from the connection, charges.
Section 2. That the third paragraph of Section 27-28.1(1)(2)(3) and
(4) Exceptions to sewer connection charge: is hereby repealed and a new
Section 27-28.1(1)(2) and (3) is hereby inserted to read as follows:
Exceptions to sewer connection charge: Any
structures that would ordinarily be subject
to the connection charges set forth above
shall be exempt if:
1. The structure is in a development in which
the owner or developer at their expense have
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 Developers
Agreement and/or the Northwest Developers
Agreement or the structure is in a develop-
ment that is at least 25% complete on the
effective date of this ordinance. For the
purposes of this paragraph the meaning of
the %gord development shall include but ncr
be limited to structures, units or interests
that are offered as a part of a common pro-
motional plan of advertising and sale.
2.That, 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 2~, 1978, and that the meter
installations and water connection for such
structures occur not later than July 24, 1978.
3. The'exceptions Created herein shall not apply
to any permit issued prior to the effective date
of this amendment: only those, structures for
which permits are issued subsequent to the
effective date of this amendment, and which
· othezwise meet the above criteria, shall be
exempt from the connection charges.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 4. 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 decisioh shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
PASSED AND ADOPTED as an Emergency Ordinance in special session on first
and final reading on this the 31 day of January , 1977.
. -. ,~ ~ ~ ,.
,3~ City Clerk
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