§ 102-32. Expansion of water and sewer systems.

(a)

Policy. It shall be the policy of the city to expand the water and sewerage systems to meet the needs created by orderly planned growth of the community, and to fund such expansion by special assessment pursuant to this article wherever feasible. Optional alternative means of funding such expansion shall be in accordance with the provisions of this article. The city may determine by resolution of the city commission to construct or reconstruct sanitary sewers and water mains, sewer or water laterals, or necessary appurtenances thereto, electing to make the proposed improvements under this article, either upon its findings of the necessity therefor or upon petitions by owners of at least 60 percent of the front footage of the property specially benefited by the proposed improvements.

(b)

Special assessment procedures. The city shall describe the improvements to be provided and levy special assessments to pay all or a part of the cost of improvements, publish notices, hold hearings, take all other required appropriate action to complete the improvements and pay for them under the authority and provisions of the Supplemental and Alternative Methods of Making Local Municipal Improvements (F.S. ch. 170).

(c)

Payment and collection of special assessments. When the amounts of the assessments have been finally determined upon completion of the improvements and have been adjusted and equalized as provided in F.S. ch. 170, the assessment, as recorded in the improvement lien book, shall be entered into a special column in the tax assessment roll headed "Special Tax Assessment." The tax collector shall collect the special tax when other city taxes are paid. An omission or failure to assess property for the improvement made or a mistake in the special tax shall not be a waiver of its payment, nor shall it in any manner be construed as a estoppel against the city, but the omitted or corrected tax shall be included by the tax assessor for the following year, promptly after the error is discovered. If a person does not own the entire property against which the assessment has been placed, he may pay on the part owned by him, and the city shall retain its lien on the remaining part.

(d)

Collection of special taxes. Special taxes assessed under this section against property shall be due at the same time as city taxes and, if not paid when due, there shall be added thereto a penalty at the rate of one percent per month until paid. Special taxes may be collected by suit as other city taxes and with the same penalties. If property is sold for ad valorem taxes or special taxes, the city shall continue to assess the property annually until the liens against the same as recorded in the improvement lien book are fully paid as provided by this section and F.S. ch. 170.

(e)

Construction by city upon request of property owner.

(1)

The city water and sewage system extension or expansion project or a new portion of the water or sewage system of the city may be constructed by the city upon written request of the individual property owner, provided that such property owner deposit with the city the total cost of such project. Requests for service shall be in the form of the written petition presented to the city commission.

(2)

The commission, upon receiving such request, shall prepare a plan describing the scope and purpose of the proposed extension or expansion and the estimated cost thereof. Such project shall be designed so as to conform to city adopted existing land use plans and individual site plans.

(3)

When construction of the project would increase the operational cost of the city by installation of temporary facilities of any nature, or by unusual conditions of service, the commission shall prepare an estimate of increased cost and duration of same, the total amount estimated prior to construction of the facilities. During the operation of the temporary facilities, there is imposed upon each user thereof the monthly temporary facility charge in an amount calculated to reimburse the city for such increased cost, as determined by the commission. The temporary facility charge shall be billed as a separate item on the normal monthly bills and shall be considered as a part of such monthly charges for all purposes of this section. The payment of such charges shall be only for those costs anticipated to be in excess of normal operating costs and only for the anticipated duration of such costs.

(4)

The city clerk shall notify the requesting parties of the determinations under this subsection, in writing, and of any other conditions under which the project shall be constructed that are consistent with the protection of the integrity of the city utility, protection of the health of the utility's present or future customers or conformity with the policies, rules or regulations affecting the project.

(5)

The parties desiring construction of such project shall make deposits, shall perform such acts as necessary to conform to the conditions of the extension and shall agree, in writing, to pay on demand any expenses actually incurred by the city, in excess of those estimates, through the completion of the project. The city shall be authorized to proceed with the project beyond the stage of estimation, only after all of these requirements have been provided. The city shall refund portions of the deposits unexpended upon completion of the project to contributing parties in proportion to the contribution of each.

(6)

If actual construction of the project does not proceed, at no fault of the city, the cost for engineering, investigation, advertisement or other related expenses shall be deducted from the monies deposited by the requesting parties and the balance on deposit shall be returned to contributing parties in proportion to the contribution of each.

(f)

Construction by person other than city. A city water or sewer main extension project, or a new portion of the water or sewerage system of the city, may be constructed by any person other than the city.

(1)

A person desiring to construct such facilities shall first file a written application reflecting the scope and timing of the project, the legal description of the land to be served and the reasons for construction by others than the city. No such request shall be considered unless received by the commission at least 90 days prior to date construction would begin.

(2)

The applicant shall then select an engineer and such engineer shall prepare detailed plans and specifications according to established city standards for submission to the city clerk for review and approval by the city engineers.

(3)

The applicant shall then submit to the commission for its approval a complete presentation consisting of:

a.

The detailed plans and specifications as approved by the city engineers.

b.

The proposed schedule for construction.

c.

A list of contractors from whom bids will be solicited or contracts negotiated.

d.

Detailed estimates of cost.

e.

Evidence satisfactory to the commission of liability insurance covering the project, in favor of the applicant, in the amount of $100,000.00 for each person, $300,000.00 for each occurrence, and $50,000.00 for property damage.

f.

A letter of intent to construct such facilities, as evidenced by the plans and specifications, for dedication to the city, at no cost to the city, and agreeing:

1.

That the city shall become automatically vested with the right to enter the property for purposes of inspecting the construction; and

2.

To dedicate, at no cost to the city, any easement or property deemed necessary by the city to the continued operation of the project.

g.

A letter to the applicant requiring:

1.

Notification to the building inspector of start of construction at least seven days in advance;

2.

Submission of reproducible as-built plans signed and sealed by a professional engineer or registered surveyor within 30 days after completion of construction; and

3.

Submission to the commission prior to construction of copies of all approvals and/or permits required by other agencies (city, federal, and state) necessitated by the construction.

(4)

Upon approval of this submission by the commission, the applicant may proceed with the construction of the project subject to the provisions of this section. The commission shall deny any submission under this section only for the cause specified in writing to the applicant, which denial may be appealed to the commission.

(5)

The city shall from time-to-time inspect all work being done under this section to determine that it is being executed in compliance with this section and the approved plans and specifications. No work shall be buried or covered by later construction until it has been inspected and approved by the city. The city shall have the authority:

a.

To require any uninspected work to be uncovered for inspection at the expense of the applicant; and

b.

To disapprove placing the project in use and to decline final acceptance until such work is inspected and approved.

(6)

Upon completion of the construction and performance as required, and receipt by the city of the aforementioned documents, and proof of disinfection of water mains, pressure tests, sewer line television results and engineer's certification of construction as required by the state department of environmental protection, the applicant shall execute any deeds, easements or other legal documents necessary to convey title of the utility construction to the city. The project shall not be placed in use unless and until final acceptance by the city has been acknowledged in writing to the applicant. All mains shall be blocked by closed valve or plug until such acknowledgement is received by the applicant.

(g)

Special agreements or arrangements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any applicant whereby reimbursement from adjacent property owners for a hydraulic share of the work can be returned to the applicant upon such adjacent property owner's request for service and payment of the hydraulic share of the work.

(Code 1960, § 24-12; Code 1992, § 23-32)