§ 74-264. Water readiness to serve charge.

(a)

Charge established. For the purpose of more equitably allocating the existing debt applicable to the city's wells, water treatment, water storage and water distribution systems, and the plant and facilities connected therewith, and the payment of capital charges represented by debt service on bonds, certificates of indebtedness or otherwise, which may be used to finance the water system costs, there is hereby imposed upon each developable lot, parcel of land, or premises that does not have its own well and/or water service by the city but having the immediate availability for connection with the city's public water system, a water readiness to serve charge (WRSC) as hereinafter provided. Said charge shall be in addition to any other previous or future charge or assessment levied against the property. The WRSC established under this section shall not be applied to any unimproved lot, parcel of land, or premises located outside of the city's boundaries.

(b)

Determination and administration of charge. The readiness to serve charge as hereinabove authorized shall be imposed in lieu of the user charges for water service and shall be determined and administered as follows:

(1)

Payment required:

a.

Payment required prior to connection. Prior to the issuance of the applicable permit and before connecting to the city's water system, all WRSC's as hereinafter provided for shall be paid.

b.

The WRSC shall equal the base monthly charge of the water fees as determined by rate studies and set by city commission multiplied by 12 months.

c.

The WRSC shall be invoiced on an annual basis the first year and each subsequent year until such time as the parcel or lot has been issued a construction permit.

(2)

Determination of charge:

a.

Residential lots. The amount of the WRSC shall be determined by the city to be one ERC per parcel or lot based on the typical three-quarter-inch meter.

b.

Commercial lots. The amount of the WRSC shall be determined by the city to be two ERC per acre based on the typical two-inch commercial meter.

(3)

Credit: The city may grant a credit against WRSC's to be paid equal to but not exceeding the amount of water impact fees paid to the city by the lot or parcel owner for any lot or parcel connected to and receiving service from the city. This shall be known as the "Sign up and Save Program."

(c)

Obligation to serve. The city shall have no obligation to provide water service to any lot, parcel of land, or premises for which the WRSC has not been paid in full.

(d)

Authority to levy special assessment. Pursuant to its home-rule power and other statutory authority, including (but not limited to) F.S. § 170.01, the city is hereby authorized to levy special assessments from time to time in connection with its water system. Without limiting the generality of the foregoing, the special assessment shall be levied only on real property benefiting from the availability of the city's water system. The rate of such assessments shall be based on the special benefit accruing to the assessed property from such improvements and the availability of the water system. Collections of the special assessment levied under this subsection against property lying outside the city's boundaries shall not take place unless and until the specially benefited property connects to the capital improvement. If levied, the special assessment shall be in lieu of the SRSC. All such special assessments levied by the city prior to the enactment of this subsection are ratified, validated, and confirmed.

(Ord. No. 1257, § 1, 10-13-2009; Ord. No. 2011-1277, § 17, 6-13-2011; Ord. No. 2011-1280, § 3, 7-11-2011; Ord. No. 2013-1299, § 4, 5-20-2013; Ord. No. 2014-04, § 7, 6-16-2014)