45-70 ORDINANCE NO. 45-70.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR THE CREATION OF A FEE OR CHARGE TO
BE KNOWN AS THE "INTERIM SERVICES AND FACILITIES
FEE."
WHEREAS, it is recognized that the cost of providing municipal
services is constantly increasing and,
WHEREAS, the meteoric growth being experienced in the City of
Delray Beach is causing and will continue to cause an undue financial burden
on the existing taxpaying property owners because of those improved
properties thai are receiving the many municipal services, but are not
yet placed on the tax roll, and
WHEREAS, the City has determined that the burden for paying for
municipal services should be borne by all properties receiving such
municipal services as soon as such services are rendered, and
WHEREAS, other services such as water, sewer and other utilities
are charged for upon occupancy,
BE IT ORDAINED by the City Council of the City of Delray Beach,
Florida:
Section 1. That real property taxes as presently billed and levied are
to provide future, not past services. (See Charier Sec. 79 and Sec. 80)
Section 2. Thai a fee to be known as the "Interim Services and
Facilities Fee" is hereby established.
Section 3. Thai the Interim Services and Facilities Fee is levied for
municipal services rendered to those non-exempt properties issued a
certificate of occupancy either permanent or temporary for full or partial
use of the premises which have not received a tax bill based on the value of
land and the improvements thereon.
Section 4. Thai the Interim Services and Facilities Fee shall be
computed at the rate of one percent (1%) per annum of the value of the
improvement as stated in the building permit,
OR
SHALL be based on a factor of 1" or less water meter, which said factor shall
be $350 per annum or the capacity-multiples thereof for larger meters as
provided in Section 6, WHICHEVER IS THE LESSER OF THE FOREGOING.
Section 5. That the Interim Services and Facilities Fee shall then be
prorated for those full months following the issuance of the certificate of
occupancy and continuing until the beginning of the administrative tax year
beginning January 1st of the succeeding calendar year.
Section 6. That the administrative procedure shall be as follows: As
soon as a permanent, temporary or partial certificate of occupancy is issued,
the building department will notify the director of finance.
Beginning with the next full month after the certificate of occupancy is
issued, the director of finance will prorate, based on one percent (1%) per
annum of the non tax-exempt building permit value of the improvement, and
this amount to be billed separately with the water bill until January 1st of the
'
following calendar year,
OR
beginning with the next full month after the certificate of occupancy is issued,
the director of finance will prorate, based on $350 per annum for a 1" or less
water meier unit charge, to be billed separately with the water bill until
January 1st of the following calendar year. Said charge shall be increased
on a per annum basis, according to the following multiples or sums thereof
in the case of more than one meter:
Meter Size Capacity Multiple
ir' or less 1
1-1/2" 2.25
2" 4
3~' 9
4" 16
6" 36
8~' 64
10" 100
Section 7. That in the event the Interim Services and Facilities Fee is
not paid within the thirty (30) days period following the date of the billing, a
lien will be established against the property.
Section 8. That the income from the Interim Services and Facilities
Fee shall be a General Fund Revenue.
Section 9. This ordinance is deemed cumulative and supplemental lo
any other ordinances heretofore enacted, unless in conflict, in which case
such portions of any ordinance conflicting herewith are hereby repealed.
Section 10. Separability. If any section, subsection, sentence, clause
phrase, or portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof.
PASSED in regular session on the second and final reading on
this the 28th day of December, 1970.
ATTE ST:
· Clerk ~'~
First Reading December 14, 1970.
Second Reading December 28, 1970.
DELRAY BEACH NEWS~JOURNAL
PubIished Weekly
Delray Beach, P~lm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
i
COUNTY OF PALM BEACH
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News-Journal, a weekly newspaper published at Delray Beach in P~lm Beach County, Flor-
ida; that the attached copy of advertisement, being an...~r.d...C, ap.t.i.crL.~.~5..-..7..0. .......
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Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said P~lm Beach County, Florida, each week and
has been entered as second class ,n~i] matter at the po~t office in Delray Beach, in said
palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publiea2n
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