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5173 Pc 6 <br /> QR EA . . . <br /> 2 of 14 <br /> terminology of the City fee from Connection Fee to Water Facility Capacity Fees; designate the <br /> amount to be paid, or a formula to be utilized in determining the amount owed by the new <br /> development, and provide for a time in which payment must be made; and <br /> WHEREAS, the City also intends to provide for appeals and studies for parties who believe <br /> that they are adversely,effected by this Ordinance; and <br /> WHEREAS,the City,by enactment of this Ordinance, specifically does not repeal Ordinance <br /> No.:395, but intends to retain it for all of those persons who have paid their connection fees <br /> thereunder, or any of those who are approved for permits from the Site Plan Review or Building <br /> Department, prior to the enactment of this Ordinance. The Ordinance shall only operate <br /> prospectively and not retroactively. Any language,terms or amounts in this Ordinance, which are <br /> inconsistent with the prior Ordinance shall prevail over Ordinance No.: 395. <br /> NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br /> ZEPHYRHILLS,AS FOLLOWS: <br /> SECTION 1. Short Title. This Ordinance shall be cited as the City of Zephyrhills Water <br /> Facility Capacity Fee Ordinance. <br /> SECTION 2. Findings. The City Council of the City of Zephyrhills, hereinafter <br /> referred to as "Council", hereby finds and declares that: <br /> a. The City of Zephyrhills, Florida has experienced rapid growth during the 1980s <br /> and 1990s, which have strained the ability of the City of Zephyrhills to provide water <br /> facilities to meet the demands created by new connections to the water system. <br /> b. The City of Zephyrhills' Comprehensive Plan, as adopted by Ordinance No.: 506 in <br /> 1989, and as revised and updated from time-to-time, and further census and population <br /> studies,to date; indicate that this growth will continue at a substantial rate through out the <br /> upcoming decades and will place significant demand on the City to provide water facilities <br /> to support new connections. <br /> c. The City of Zephyrhills' Utility System, hereinafter referred to as "Utility", <br /> operated by the Utilities Department,hereinafter referred to as the "Department", includes <br /> water supply, treatment, transmission and distribution facilities, hereinafter collectively <br /> referred to as "Water System", which operate as a single unified system to areas served <br /> through out the City, and portions of the unincorporated county pursuant to an interlocal <br /> agreement with Pasco County,dated February 9, 1988,and amended from time to time. The <br /> Water System provides services and/or benefits to City residents and those within the City's <br /> utility service area,by providing retail water to retail customers of the City, or through the <br /> provisions of whole sale water to whole sale customers through private franchise water <br /> systems. Funds collected pursuant to the City of Zephyrhills' Water Facility Capacity <br /> Ordinance shall be expended only on water system facilities within the City's utility service <br /> area, as established by Interlocal Agreement with Pasco County,Florida, dated February 9, <br /> 1988, and amended from time-to-time, or amended by its terms. <br /> The facilities constructed within the City's utility service area have a"rational nexus", <br /> and provide benefit to those properties on Water Facility Capacity Fees are imposed, <br /> pursuant to this Ordinance. <br /> d. It is the intent of this Ordinance, that by the establishment of Water Facility <br />