§ 21-125. Extension of reclaimed water service within designated service areas.

(a) Where service is available. Customers in designated reclaimed water service areas may connect to the reclaimed water system when service is available and upon submission and approval of an application for service and compliance with all other city requirements. A reclaimed water customer with an average daily consumption that will exceed one hundred thousand (100,000) gallons per day or a reclaimed water customer using a master meter to irrigate a golf course, shopping center, subdivision, multi-family complex, or other development area or a reclaimed water customer irrigating a property that exceeds five (5) acres in size shall, in lieu of an application for service, execute a reclaimed water use agreement with the city specifying terms and conditions of reclaimed water service.

(b) Where service is not available. Property owners in designated water service areas where service is not yet available shall petition the city on an appropriate form obtained from the department. This initial petition shall represent an expression of interest by the property owners and shall not constitute a binding commitment.

(1) Upon receipt of a petition from property owners in seventy-five (75) percent of the project area, the city shall prepare a preliminary estimate of the cost to extend a pipeline to the area of the interested property owners and prepare a customer packet consisting of:

a. Formal petition cost estimate;

b. Voluntary lien agreement;

c. Application for reclaimed water service.

(2) If the estimated cost is agreeable to the property owner, the property owner shall execute a voluntary lien agreement and return it to the department. Upon the receipt of a valid voluntary lien agreement and application for service from seventy-five (75) percent of the property owners in the project area, a resolution prepared in accordance with the requirements of F.S. ch. 170, declaring a special assessment of all property owners in the property area shall be presented to the commission for action.

(3) Upon passage of the special assessment resolution, the department will design or cause to be designed a reclaimed water system for the approved project area and obtain bids to construct the project in accordance with the city's purchasing procedures.

(4) After bids are received, the director shall advise the petitioning property owners of any anticipated increase in the cost of extending the pipeline. Should the cost to extend the reclaimed water line exceed ten (10) percent of the initially estimated cost, each petitioning property owner shall have the right to withdraw the voluntary lien agreement before final approval of the project.

(5) If the best responsive bid to construct the reclaimed water system does not exceed ten (10) percent of the previously estimated cost or if the revised costs are acceptable to seventy-five (75) percent of the property owners and the voluntary lien agreements of seventy-five (75) percent of the property owners remain on record with the city, the commission may publish a preliminary assessment role that includes all property owners in the project area and hold a public hearing in accordance with F.S. ch. 170, for the purpose of giving final consideration to funding the project with special assessments. Following the public hearing, the commission may cancel the project or proceed to levy the special assessments. Thereafter, the commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments in accordance with F.S. ch. 170. When so equalized and approved by resolution of the commission, a final assessment role shall be filed with the city clerk and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against which such assessments are made until paid. Following approval of the equalizing resolution, the commission may award the bid and authorize commencement of the project.

(6) After the project is completed, the city shall credit to each of the assessments the difference in the assessment as originally approved and the proportionate part of the actual cost of the project as finally determined. Said final assessment shall be calculated on the basis of capital cost to construct, less any state or federal aid received. In no event shall the final assessments exceed the amount of benefits originally assessed.

(7) The special assessment shall be payable at the time and in the manner stipulated in the resolution providing for the project. In accordance with F.S. § 170.09, the assessment shall bear interest at a rate not to exceed eight (8) percent per year, or, if improvement bonds are issued, at a rate not to exceed one (1) percent above the rate of interest at which the improvement bonds are issued. Assessments may be payable in equal installments over a period not to exceed thirty (30) years, and, if not paid when due, there shall be added a penalty at the rate of one (1) percent per month until paid. Assessments may be paid without interest at any time within thirty (30) days after connecting to the reclaimed water system.

(8) A claim of lien on behalf of the city will be filed by the city clerk for all assessments remaining unpaid at the end of thirty (30) days after connecting to the reclaimed water system.

(9) All actions taken in the process of funding an extension of reclaimed water service through special assessments shall comply with the requirements of F.S. ch. 170.

(c) Requirements for new development in designated service areas. All developers of new residential and commercial projects in a reclaimed water service area as designated in section 21-124 shall be required to construct in accordance with section 21-128 such lines, appurtenances, or facilities as will be necessary to utilize reclaimed water for irrigation purposes. All requirements provided in section 21-4 for construction of utility lines and other additions to the system shall pertain to the reclaimed water system. Such reclaimed water lines (or dry lines in the event reclaimed water service is not then presently available at the time of the issuance of a certificate of occupancy or completion) shall be installed in such a manner as to provide service to the entire property of the development, and the main lines shall be extended across the total property frontage to facilitate future extensions. These lines shall be installed during the initial placement of other required infrastructure items and prior to issuance of a certificate of occupancy or completion or use for the specific site or development. The cost of installing this system shall be borne by the developer. The city shall retain the right, at all times, to refuse or delay extension of service on the basis of inadequate supply of reclaimed water or for any other reason which, in the judgement of the director, will cause the extension not to be beneficial to the city.

(d) Liability for permits. The city shall obtain and fulfill, at its expense, all necessary permits and approvals for the construction and operation of the reclaimed water distribution mains constituting the city's reclaimed water system. Once service is available, any additional permits or approvals required for service to any particular customer, for the customer's benefit, shall be obtained at the sole expense of said customer.

(Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 2004-09, § 1, 5-18-04; Ord. No. 2022-48, § 1, 11-01-22)