60-94 ORDINANCE NO. 60-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
SECTION 52.39, "OTHER FEES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A
NEW SUBSECTION 52.39(I), "FEE FOR MAINTENANCE OF
IMPROVEMENTS WITHIN RIGHT-OF-WAY", TO PROVIDE FOR AN
ADDITIONAL FEE TO CUSTOMERS FOR THE INSTALLATION AND
LONG TERM MAINTENANCE OF IRRIGATION SYSTEMS AND
IMPROVEMENTS WITHIN THE ADJACENT RIGHT-OF-WAY;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach is
authorized to take measures to improve the aesthetics of the roads,
parks, and lands within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach
implements projects to install landscaping improvements within the
public rights-of-way within the City of Delray Beach; and
WHEREAS, the landscaping improvements require constant
maintenance, including irrigation, in order to insure the
survivability of the grass, plants and trees installed within the
right-of-way; and
WHEREAS, the City Commission of the City of Delray Beach
declares that it is the responsibility of the adjoining property owner
to insure the viability of the grass, plants and trees installed
within the right-of-way; and
WHEREAS, pursuant to Section 4.6.16(H) of the City's Land
Development Regulations, it is the responsibility of the property
owner to sod, irrigate and maintain the unpaved portion of the
right-of-way between the property line and the edge of pavement of the
adjacent right-of-way; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the imposition of an additional fee to cover the expense of
providing water sprinklers or other type of irrigation is necessary to
promote the continued maintenance and improvement in the aesthetics of
the City of Delray Beach; and
WHEREAS, the payment of the fee for the water and irrigation
system does not alter the property owner's duty to otherwise maintain
the right-of-way adjacent to their property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Title V, "Public Works", Chapter 52,
"Water", Section 52.39, "Other Fees", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended by
enacting a new subsection 52.39(I), "Fee for Maintenance of
Improvements Within Right-of-Way", to read as follows:
(I) Fee for Maintenance of Improvements Within
Right-of-Way. In the event the City places
landscaping improvements and irrigation systems to
maintain the landscaping improvements within the
right-of-way, the City Commission may impose a fee to
cover the cost of providing water to maintain the
improvements and to provide for the cost of
installing and maintaining a sprinkler or other
irrigation system. The City Commission may authorize
the payment of a fee to be collected monthly and to
be included on the monthly water bill for property
owners whose property adjoins the right-of-way in
which the City installed the landscaping
improvements. The fee shall be $5.00 per parcel
located adjacent to the right-of-way.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same 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 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of __A 1994.
~ city C~erk !
First Reading August 2, 1994
Second Reading August 16, 1994
- 2 - Ord. No. 60-94
£1T¥ IIF DELRII¥ BEII[H
CITY ATTORNEY'S OFFICE ~°° ~TM
FACSIMILE 407/278-4755 w:~&'e...~' '
DELRA¥ BEACH
~ (407) 243-7090
Date: July 25, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Irrigation System Maintenance Fee Ordinance
The proposed ordinance would authorize the City to place a
$5.00 fee on a monthly water bill to compensate the City for
maintenance and irrigation costs associated with improve-
ments within rights-of-way. The fee would be imposed on a
parcel by parcel basis. Therefore, the City would charge
each property the same fee.
City staff attempted to compute a fee based on the amount of
square footage abutting the right-of-way. After several
attempts, it was decided that the uniform fee method was
more equitable.
The imposition of the fee does not relieve a property owner
from their responsibility to maintain the right-of-way area
adjacent to their property.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
~~ ~ ~_~' ~i,~I~