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UR BK 5173 PG 1:300 ' <br /> 2 of 14 <br /> terminology of the City fee from Connection Fee to Wastewater 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 the terms of 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 /> pursuant to that Ordinance, or those who are now approved for permits from Site Plan Review or <br /> the Building Department, prior to the enactment of this Ordinance. The Ordinance shall only <br /> operate prospectively and not retroactively. Any language, terms or amounts in this Ordinance, <br /> which are inconsistent with the prior Ordinance, the language in this Ordinance shall prevail over <br /> 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 <br /> Wastewater Facility Capacity Fee Ordinance. <br /> SECTION 2. Findings. The City Council of the City of Zephyrhills, hereinafter <br /> referred to as the "Council" does hereby find and declare 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 wastewater <br /> facilities to meet the demands created by new connections to the Wastewater system. <br /> b. The City of Zephyrhills' Comprehensive Plan,as adopted by Ordinance No.: 500, 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 wastewater <br /> facilities 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 "Depal tinent", includes <br /> wastewater treatment, together with associated collection facilities, which operate as a <br /> unified and integrated system within specific areas served throughout the City and portions <br /> of the unincorporated county pursuant to an interlocal agreement with Pasco County, dated <br /> February 9, 1988 and amended from time to time. The Wastewater System services and/or <br /> benefits to City:residents and those within the City's utility service area. These services and <br /> benefits are provided by facilities that collect and transport wastewater and by facilities that <br /> treat wastewater. Funds collected pursuant to the City of Zephyrhills' Wastewater Facility <br /> Capacity Ordinance shall be expended only on wastewater collection or treatment within the <br /> City's utility service, as established by Interlocal Agreement with Pasco County, Florida, <br /> dated February 9, 1988, and amended from time-to-time or amended by its terms. <br /> The facilities constructed within the City's utility service area shall have a "rational <br /> nexus", and provide benefit to those properties on the Wastewater Facility Capacity Fees are <br /> imposed, pursuant to this Ordinance. <br /> d. It is the intent of this Ordinance, that by the establishment of Wastewater Facility <br />