The design, construction and payment for all water improvements to provide water service consistent with the master plan of the city to a subdivision, lot or parcel shall be in accordance with the following:
(A) In the case of a system to serve a subdivision, the developer must first submit to the City Engineer for his approval a preliminary plat showing all details of the topography thereon.
(B) In the case of a system to serve an existing lot or parcel for which a subdivision plat is not required, the developer must submit a preliminary site plan showing the improvements proposed and all details of the topography thereon.
(C) Upon receipt of said preliminary subdivision plat or site plan, the Engineer will, after reasonable time for study thereof, advise the developer as to the availability of a water feeder main and the approximate cost of the connection from the subdivision to the water feeder main. The cost to the applicant may not include any part of any treatment plant, but will include the cost of preparation of plans, specifications and contract documents, installation, financing, legal and administrative costs and the cost of engineering inspection during construction. The construction cost shall also include any new pump stations, storage facilities and feeder mains or the cost to increase the capacity of existing pump stations, storage facilities and feeder mains to serve the applicant's property. In the event new facilities are required, the city will determine the location, capacity and limits of the area the facility is intended to serve.
(D) If the developer desires that the city proceed with providing water to his property, he shall submit a written application to the city requesting that the city proceed with the design and construction of said water improvements.
(E) The applicant shall consent to the total cost of construction of said improvement, which consent shall be evidenced by the applicant's depositing with the Director of the Department of Financial Services of the city a sum equivalent to 15% of the total approximate cost of construction of the aforesaid water improvements. Said 15% is to cover the cost of preparing plans, specifications, contract documents, cost estimates and inspection during construction.
(F) The applicant shall bear all costs for the acquisition of any easements that the city shall deem necessary to furnish the service requested by applicant.
(G) The city shall initiate the necessary resolutions for special assessment and shall determine, after the initial public hearing, if the improvement so requested is necessary and feasible. In the event that the special assessment is not approved by the City Commission following the public hearing, the city shall refund all of the applicant's initial deposit of 15% of the approximate cost of construction. After determination by the city of the necessity and feasibility of the requested improvement, the applicant shall deposit the balance of the estimated cost of construction. Said deposit shall not bear interest. The city shall thereafter advertise for bids on the construction of the proposed project and shall award the contract therefor to the successful bidder; the procedure relative to the taking of bids and the awarding of the contract shall be strictly in compliance with the terms, conditions and provisions of the City Charter, in such case made and provided.
(H) All funds deposited by the applicant shall be disbursed by the city for the cost of construction of the proposed water improvements. Within 90 days of the completion of the project, the city will refund to applicant the difference, if any, between the actual cost of construction and the applicant's deposit, provided, however, that all matters pertaining to the project shall have been resolved between the city and the contractor or any other interested parties prior to such refund. If the project construction cost exceeds the amount deposited by the applicant he shall, within 90 days of the completion of the project and prior to acceptance of the project by the city, deposit with the city a sum equal to the difference between the amounts previously deposited and the actual construction cost.
(I) The applicant shall be repaid from moneys collected by the city, if any, from benefiting property owners specially assessed for the requested improvement, a sum equal to the total cost, minus the amount of the assessment imposed upon the property of the applicant on account of the construction of the requested water improvements. Said reimbursement program shall not exceed a period of ten years from the date of the initial deposit by applicant, and the city will not collect assessments from benefiting property owners until such owner receives permission to use a portion of the aforementioned water improvement. After the city has reimbursed to the applicant from moneys collected from abutting property owners, if any, the amount the applicant is entitled to receive within the ten-year period of said reimbursement program, the city shall in no manner be responsible to the applicant for any further refund.
(J) In lieu of following the special assessment procedure for making a desired water improvement as provided above, the applicant may, at his election, deposit 15% of the estimated construction cost with the Finance Director, whereupon the city will cause to be designed the required improvement and the developer may have constructed the required improvement consistent with plans and specifications prepared by the city. The city will provide engineering inspection of the improvement and will not refund any of the 15% deposit not used for design or inspection. Any moneys that the city determines to collect for said improvement from other benefiting users as they receive permission to use a portion of the aforementioned water improvement may be reimbursed to the applicant subject to the provisions of division (I) above.
(K) Upon completion of the project and prior to the refund to applicant of any moneys as set forth in divisions (H), (I) and (J) above, the applicant shall convey to the city the water improvement and any appurtenances thereto by an appropriate instrument recordable in the public records of Broward County. The city shall have the responsibility of maintaining every facility constructed and installed under these provisions.
('72 Code, § 36-77) (Ord. O-72-206, passed 12-6-72; Am. Ord. O-94-06, passed 2-2-94; Am. Ord. O-95-67, passed 11-1-95)