§ 54-147. Legislative findings applicable to water impact fees.

The city commission of the City of Palatka, Florida, hereby finds, determines and declares that:

(a)

The city water system benefits all residents of the city and, therefore, the water impact fees shall be imposed throughout the city.

(b)

Development necessitated by growth contemplated in the comprehensive plan and the water and wastewater impact fee study will require improvements and additions to the city water system to accommodate the utility needs of such growth and maintain the standards of service adopted by the city.

(c)

Future demand, as represented by water system impact construction, should contribute its fair share to the cost of improvements and additions to the city water system that are required to accommodate the use of the city water system by such demand.

(d)

Implementation of a water system impact fee to require water system impact construction to contribute its fair share of the cost of required capital improvements and additions is an integral and vital element of the regulatory plan of growth management of the city.

(e)

The imposition of a water impact fee is to provide a source of revenue to fund the growth-necessitated construction or improvement of the city water system.

(f)

The city commission expressly finds that the improvements and additions to the city water system funded by the water impact fee provide a benefit to all water system impact construction within the city in excess of the amount of the water impact fee.

(g)

The purpose of this article is to require payment of water impact fees by those who engage in water system impact construction and to provide for the cost of capital improvements to the city water system which are required to accommodate growth. This article shall not be construed to permit the collection of water impact fees in excess of the amount reasonably anticipated to offset the demand on the city water system generated by such water system impact construction.

(h)

The required improvements and additions to the city water system needed to eliminate any deficiencies shall be financed by revenue sources of the city other than water impact fees.

(i)

The city water system is intended to provide services for all properties within the city. The presence of the city water system enhances and benefits the health, safety and general welfare of all properties within the city.

(j)

Water system planning is an evolving process and the capital improvements and additions to the city water system identified upon the date of the adoption of this article constitute projections of growth patterns and water system improvements and additions based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the commission that the identified improvements and additions to the city water system be reviewed and adjusted periodically, pursuant to section 54-160.8, to insure that water impact fees are imposed equitably and lawfully and are utilized effectively based upon actual and anticipated growth at the time of their imposition.

(k)

The data set forth in the water and wastewater impact fee study which was employed in the calculation of the water impact fee rates imposed herein is the most recent and localized data available for the city water system.

(l)

The water impact fees are not designed to include the physical costs of connection to the city water system and all physical connection costs shall be paid separately.

(Ord. No. 07-23, § 6.02, 12-17-2007)