Sec. 714.404. - Initiation of Neighborhood Assessment Program for Water, Sewer, or Reclaimed Water Improvements.
Citizens of the City may petition the City Council to initiate and introduce legislation to adopt a NAP for Water, Sewer, or Reclaimed Water Improvements within a particular Neighborhood. "Frequently Asked Questions" (FAQs) shall be developed by JEA, and modified from time to time as necessary, to provide general information to interested Neighborhoods on how the program will operate. The FAQs will be informational but may not be inclusive of all considerations. The petitioning process shall be conducted in the following manner:
(a) Preliminary Study. When requested in writing by a Neighborhood, JEA shall work with a Neighborhood to prepare a rough preliminary cost estimate and to define an area for the construction of water, sewer, or reclaimed water Improvements based on property owner interest and system operational requirements. The Neighborhood's request must identify a representative as the primary point of contact and provide a map outlining the general area of interest. The Neighborhood is required to determine where the interest in an Improvement is, and to organize and solidify the sufficiently interested participants. There will likely be modifications during the preliminary study to define the area that will work for utility system operations and to meet the level of interest for a group of property owners. Once the preliminary study is complete and the system operational requirements and Neighborhood interest indicate a viable Improvement, JEA shall compile the NAP Estimate. JEA shall define the Improvement limits during the preliminary study in coordination with other utilities and the Neighborhood.
(b) Petition. The Petition filed by an Eligible Neighborhood shall be in the form as described in Part 1. The Petition shall contain the NAP Estimate of the cost of providing Improvements and of the Assessment to be levied against each property within the Neighborhood as set forth in the Petition. If JEA incurs costs to procure estimates from other utilities, or has a third party prepare estimates, such costs shall be paid directly to JEA by the Neighborhood for reimbursement prior to filing the Petition. The Petition shall be filed with the Chief of Legislative Services with a filing fee calculated pursuant to Section 714.106(a), paid at the time of filing, and with the actual notice fees, as calculated by the City, paid prior to final adoption of legislation approving a NAP. The filing fee and notice fees shall be deposited in the Neighborhood Assessment Program Fee Trust Fund.
(c) Office of General Counsel Review. Upon filing of the Petition, the Chief of Legislative Services shall provide a copy of the Petition to the Office of General Counsel for a determination of whether the Petition is substantially complete and sufficient. If not substantially complete and sufficient, the Office of General Counsel shall notify JEA, and JEA shall work with the Neighborhood to remedy any deficiencies.
(d) Determination of Assent. The Petitioners shall comprise at least two-thirds (66.67 percent) of the owners of properties located within a Neighborhood presumed by the Petition to be Benefited by the provision of the Improvements, and such petitioners shall also agree to connect to the Improvements. Each parcel, lot or other unit of real property having a separate real estate folio number or tax identification number shall be considered to be owned by only one person for purposes of this subsection.
(e) Legislation. Upon determination that the Petition is substantially complete and sufficient, the Office of General Counsel shall file an ordinance, with a copy of the Petition and all required documents attached, with the Chief of Legislative Services, and with notice to JEA, and the Council may enact legislation and take further action to set up the NAP as provided hereafter. In the event, for good cause shown, the Council does not enact legislation to set up a NAP, or delays adoption for a period of more than one year, the Petition filing fee shall be returned to the Petitioners and the Improvement shall be considered abandoned.
(f) NAP Performance. Once a NAP has been established, JEA shall be the government entity providing NAP financing and performance, and shall undertake the completion of all work associated with the planning, engineering, management, financing, supply of material and labor, and overall construction of the Improvements. During planning, design and engineering, locations for the Improvements will be determined before any construction takes place. An Improvement will not proceed without the necessary easements for the entire Improvement area. However, if during any phase of the NAP work, JEA discovers unforeseen and unexpected conditions, which interfere with the planned NAP work to the extent that estimated costs for completing the Improvement increase more than 25 percent over the NAP Estimate, JEA shall inform the Neighborhood, which shall either consent to paying the additional costs by the same percentage as used in determining assent for this Program Area, or by withdrawing the Petition by the same percentage as used in determining assent for this Program Area. If the Neighborhood does not consent to the additional costs or withdraws its Petition, all property owners shall be assessed the actual prorated costs expended. If the costs are under budget, the Neighborhood shall be assessed a pro rata share of the inclusive actual costs expended. The Improvement costs shall include costs of restoration to generally similar conditions as before construction commenced. Special construction materials (driveways, mailboxes, etc.) or elaborate landscaping located on existing City right-of-way may not be replaced in kind but with a City standard substitute.
(g) Other Utilities. Other utilities within the City of Jacksonville that are located in a NAP Improvement area are required to provide preliminary and NAP cost estimates to JEA on behalf of an Eligible Neighborhood within 60 days of receiving the request for such estimates in writing. Once a NAP is approved by the City Council, the other utilities are required to coordinate construction with JEA and shall be required to remove or relocate other utilities, as applicable, within 60 days of completion of the Improvements.
(h) NAP Completion. The NAP project will be certified complete once the Improvement has been constructed. Landscaping and hardscape will be restored to meet existing conditions prior to construction where possible and to City standards where not possible to match existing materials.
(Ord. 2019-321-E, § 3)
