Because of the increasing population and the possibility of increasing contamination of the ground and surface waters, and other related matters, the City Commission deems that it is to the best interest of the health, safety, and general welfare of the public to encourage the extension of public water and to require connection to the city- owned extensions to water systems whenever either system is extended to within 100 feet of the property line of any property to be served. However, if a property owner currently has a private well furnishing water for consumption by human beings and an extension of the system is within 100 feet of the property, then they shall be required to tie on to the system for the supply of water for human consumption but may maintain the private water supply for outdoor watering or agricultural purposes. Where the property line of any property lies within 100 feet of a city-owned water system, then the property owner is prohibited from constructing any wells where the use of water from the wells is meant for human consumption. Where the property lies within 100 feet of a privately-owned or city-owned water system, no permits will be issued for the construction of water wells; however, wells for outdoor watering or agricultural purposes will be permitted.
(A) The following options for payment of all impact fees incident to connection to the city water system shall be offered to owners of existing developed property at such time as said properties are hereinafter required to connect to the city's water system. NOTE: These options are not available to new development where water is already available.
(1) Option one: Full payment within 90 days of receipt of notice to connect or actual connection to the system, whichever date is earlier.
(2) Option two: Payment in 12 or 24 equal monthly installments at 4% interest per annum with the first installment due 90 days after receipt of notice to connect or actual connection to the system, whichever date is earlier.
(3) Option three: Payment in three equal annual installments at 7% interest per annum on the unpaid balance with the first installment due 90 days after receipt of notice to connect or actual connection to the system, whichever date is earlier. The second installment would be due 12 months after the date that the first installment became due and payable and would include the payment of interest accrued to the actual date of payment of the second installment. The third and final installment would be due 24 months after the first installment became due and payable and would include the payment of interest accrued to the actual date of the payment.
(4) If any payment under options two or three is not made within 30 days after the date same is due and payable, the entire balance shall become due and payable without notice. In addition, the city reserves the right to exercise such other authority as it has to enforce payment, including but not limited to the discontinuance of water service until the full balance then due and owing was paid.
(5) The interest rates set forth in options two and three may from time to time be modified by resolution of the City Commission.
(B) The city is hereby authorized to terminate all city utility service to any establishment which fails to pay the connection charges as herein provided until such time as said charges have been paid in full.
(C) Security for payment:
(1) In the event that an affected property owner shall elect to pay the required connection fee as provided for by division (A) hereof, the owner shall provide the city with evidence of actual title to the affected property and all persons having an ownership interest therein shall be required to join in the application for service for the purpose of imposing a lien on the affected property in favor of the city as security for payment of the said charges. To the extent that any property shall be determined to be the homestead of the owners, then and in that event the owners shall be required to comply with Art. X, § 4, Fla. Const, for the purposes of imposing a lien on the affected property in favor of the city as security for payment of the said charges.
(2) The Finance Director is hereby authorized and directed to prepare such forms and agreements as are necessary to carry out the intent of this section.
(D) Enforcement. In addition to any other enforcement methods, but not in lieu of, the City Manager is authorized to initiate such proceedings as are permitted by law to enforce any rights that the city may have by law, by ordinance or hereunder, to enforce connection to the city's water system and the payment of impact and connection fees therefor, including but not limited to the foreclosure of any lien herein provided for. The city may seek injunctive relief, or use the city's code enforcement process. In the event the city is required to resort to legal action, all costs incurred, including attorneys' fees and court costs, shall be assessed to the owner.
(Ord. 1518, passed 11-6-14)