§ 42-31. Legislative findings.

The city finds, determines and declares that:

(a)

The provision of wastewater service is in the best interest of the public's health, safety and welfare.

(b)

The city must construct and develop wastewater facilities in order to maintain current standards of public health if new development is to be accommodated without decreasing current standards of public health.

(c)

The imposition of wastewater capital recovery fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of wastewater facilities necessary to accommodate such development.

(d)

It is the intent of the city council to require new growth to pay for all major expansions to the existing utility systems required by the new growth. Accordingly, major utility line extensions required to serve new growth will be paid for from wastewater capital recovery fee charges, and the cost of extending those utility capital lines has been included in the utility wastewater capital recovery fee calculation. It is further the intent of the city council that the cost of installing utility service mains to connect to the utility capital lines shall be borne by the new growth.

(e)

New growth will create a need for the construction, equipping, or expansion of wastewater facilities.

(f)

The fees established by section 42-36 are derived from, are based upon, and do not exceed the costs of providing wastewater facilities necessitated by the new growth in the city and its service area.

(g)

The report entitled City of Minneola Wastewater Rates and Capital Recovery Fee Analysis, dated Dec. 6, 2004, prepared by PBS&J/Burton & Associates, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of wastewater facilities in the city and its utilities service district. The city adopts by reference that study.

(Ord. No. 2004-29, § 1, 1-11-2005)