§ 28-76. Wastewater user rates.

(a)

There is hereby established and levied a schedule or system of wastewater user rates and charges for wastewater disposal service against each and every person owning or using any buildings in the city or outside the city, inhabited or used by human beings as a place of residence, business or otherwise, that shall be connected with or available for connection with any line of the sanitary sewerage system.

(b)

The following schedule of rates and charges shall be imposed for consumers located within the corporate limits that are supplied water by the city and are either receiving wastewater disposal service or have it available for connection from their property to the city sanitary sewer system.

(1)

A fixed monthly charge per water meter supplied by a connection service to a single-family residence, multifamily residential dwelling unit, cooperative or condominium apartment, commercial, industrial, institutional, or similar unit, building or complex and each separate municipal or other governmental agency or special type unit, shall be as follows:

Meter Sizes	Wastewater Fixed Monthly Charges 28-76(b)(1)
(inches)	Effective 10/1/2011	On 10/1/2012 charges shall be adjusted by multiplying the prior year's charge by 6.75%.   *See Note 1	On 10/1/2013, and October 1 of each year thereafter, charges shall be adjusted by multiplying the prior year's charge by 5%.   *See Note 1
5/8	$7.76
¾	$11.05
1	$17.66
1½	$34.13
2	$53.92
3	$100.07
4	$166.02
6	$330.85
8	$528.66
10	$759.44
12	$1,418.80
16	$2,308.96

 

* Note 1: By April 30th of each year, the city manager shall determine if as of September 30th of the year prior whether projected revenues based on adjusted rates exceed the following five (5) criteria: 1) annual revenues exceed annual expenses, 2) net revenue is at or above two (2.0) times annual debt service expenses, 3) there is an operating reserve at least equal to one hundred twenty (120) days of operating costs, 4) there is an unrestricted capital reserve of at least ten million dollars ($10,000,000.00), and 5) there is replacement and repair funding of at least ten million dollars ($10,000,000.00). If there is projected revenue that exceeds these five (5) criteria, the current customers shall receive a proportionate rebate of the excess funds on their water/wastewater bill in the same fiscal year. For purposes of this note, revenue, expenses, and net revenue are as defined in City Commission Resolution No. 03-29.

(2)

Single-family residences, and multifamily residential dwelling units that have separately metered units, shall be charged a wastewater commodity charge for each one thousand (1,000) gallons or fraction thereof of water consumed up to a total of and including twenty thousand (20,000) gallons per month, per unit as follows:

Wastewater Commodity Charges 28-76(b)(2)
Block Ranges	Water (per unit)	Wastewater Monthly Usage Charges
	(1,000 gallons per month × number of dwelling units)	Effective 10/1/2011	On 10/1/2012 charges shall be adjusted by multiplying the prior year's charge by 6.75%.   *See Note 1 at Sec. 28-76(b)(1)	On 10/1/2013, and October 1 of each year thereafter, charges shall be adjusted by multiplying the prior year's charge by 5%.   *See Note 1 at Sec. 28-76(b)(1)
Block 1	0—3,000	$2.86
Block 2	4,000—20,000	$6.33
Block 3	>20,000	N/A

 

Single-family residences will not be charged a commodity charge for usage in excess of twenty thousand (20,000) gallons per month.

(3)

Multifamily residential dwelling units that do not have separately metered units, shall be charged a wastewater commodity charge for each one thousand (1,000) gallons or fraction thereof of water consumed up to and including a total of eight thousand (8,000) gallons consumed per month, per unit as follows:

Wastewater Commodity Charges 28-76(b)(3)
Block Ranges	Water (per unit)	Wastewater Monthly Usage Charges
	(1,000 gallons per month × number of dwelling units)	Effective 10/1/2011	On 10/1/2012 charges shall be adjusted by multiplying the prior year's charge by 6.75%.   *See Note 1 at Sec. 28-76(b)(1)	On 10/1/2013, and October 1 of each year thereafter, charges shall be adjusted by multiplying the prior year's charge by 5%.   *See Note 1 at Sec. 28-76(b)(1)
Block 1	0—1,000	$2.86
Block 2	2,000—8,000	$6.33
Block 3	>8,000	N/A

 

Multifamily residences will not be charged a commodity charge for usage in excess of eight thousand (8,000) gallons per month per unit.

(4)

The commodity charge for all other consumers for each one thousand (1,000) gallons or fraction thereof of water consumed shall be as follows:

Wastewater Commodity Charges 28-76(b)(4)
	Effective 10/1/2011	On 10/1/2012 charges shall be adjusted by multiplying the prior year's charge by 6.75%.   *See Note 1 at Sec. 28-76(b)(1)	On 10/1/2013, and October 1 of each year thereafter, charges shall be adjusted by multiplying the prior year's charge by 5%.   *See Note 1 at Sec. 28-76(b)(1)
All Usage	$5.09

 

(5)

Except as provided herein, for properties required to connect to new sanitary sewer collection facilities constructed under WaterWorks 2011, in addition to the other rates and charges provided herein, the following schedule or rates and charges shall be imposed:

a.

Every owner of property required to connect to the sanitary sewer system subsequent to completion of construction of sewer facilities under Waterworks 2011 shall pay a connection fee of one thousand dollars ($1,000.00) per ERC as determined for the present use of the property.

b.

The connection fee for residential properties is based upon theoretical flow projections. A standard single-family detached home is expected to contribute flows to the system based upon an estimated maximum daily water usage of three hundred (300) gallons per day (GPD), and shall be charged one (1) ERC with an associated connection fee of one thousand dollars ($1,000.00). A two-family dwelling, duplex or triplex shall be charged one (1) ERC per dwelling unit, with associated connection fees of two thousand dollars ($2,000.00) and three thousand dollars ($3,000.00) respectively. The connection fee for multi-family residential properties with more than three (3) dwelling units will be on 0.805 per ERC per dwelling unit, with associated connection fees computed as follows - (0.805 per Dwelling Unit) × (Number of Dwelling Units) × ($1,000.00).

c.

The connection fee for nonresidential properties shall be based upon each customers' actual water usage for the preceding thirty-six (36) months where available, and if it is determined that it is a reasonable basis of estimating current water use. The associated connection fee for a nonresidential property with available water use records will be based upon the highest three (3) individual months consumption out of the preceding thirty-six (36) consecutive months computed as follows — (average daily consumption of the highest three (3) individual months for the property in GPD) ÷ (300) × ($1,000.00).

d.

The connection fee for nonresidential properties where records of past water usage are not available or are not a reasonable basis for estimating current water use shall be based on flow projections and in accordance with the provisions contained in the "Guidelines for the Calculation of Sanitary Sewer Connection Fees" as amended from time to time. The associated connection fee for a nonresidential property without adequate water use records will utilize the promulgated ERC factor times ($1,000.00/ERC).

e.

The basis of these determinations are contained in the "Guidelines for the Calculation of Sanitary Sewer Connection Fees" developed by the public works department and adopted by resolution of the city commission.

f.

A property owner who is also the occupant ("owner-occupant") of a residential single family, duplex, triplex or other residential property, as defined by Chapter 47 of the Code of Ordinances, has the option to pay the connection fee under this subsection (5) prior to expiration of the time required for connection as provided in section 28-33 or may finance the connection fee, over a period of five (5) years at an annual interest rate of six (6) percent compounded monthly. An owner-occupant of a residential property that is more than one (1) dwelling unit may only finance a pro-rata share of the connection fee representative of the number of dwelling units occupied by the owner. A property owner electing to finance the connection fee or portion thereof will repay the fee as part of the regular utility bill and will be subject to collection actions authorized by Code or Florida Statute. Those property owners' homes will be subject to a "voluntary lien," which must be paid in full prior to transfer or sale of property to another owner. Owner-occupants who elect to finance the connection fee pursuant to this subsection (5), shall be required to execute a promissory note secured by a lien on the property prior to connecting to the system or within ninety (90) days from the completion date, whichever comes first. An owner who does not make payments as provided in the promissory note shall pay a penalty for each month the payment is not made.

g.

Every owner of a lot or parcel of property in the Riverland Annexed Area described herein shall be deemed to have paid the equivalent of the connection fee as an equivalent fee has been paid to the city by Broward County pursuant to that interlocal agreement between Broward County and the city and dated December 3, 2002. The legal description of the Riverland Annexed Area is described in Chapter 2001-322, Laws of Florida; said annexation taking effect on September 15, 2003. All other fees shall be paid in accordance with City Code.

h.

Every owner of a lot or parcel of property in the Twin Lakes North Annexed Area described herein shall be deemed to have paid the equivalent of the Connection Fee as an equivalent fee has been paid to the city by Broward County pursuant to that Interlocal Agreement between Broward County and the City in effect on September 14, 2005. The legal description of the Twin Lakes North Annexed Area is described in Chapter 2004-442, Laws of Florida. All other fees shall be paid in accordance with City Code.

i.

In addition to the connection fee, a ten (10) percent surcharge shall be added to the wastewater user charges imposed under this section 28-76. This surcharge shall continue for a period of twenty (20) years from the date a property is required to connect with the sanitary sewer system as provided in section 28-33(a) and shall continue to be charged to customers of a particular property regardless of the name on the customers account.

j.

The city manager or his or her designee shall have the authority at any time, upon his or her initiative or in response to a properly filed petition from the property owner, to change the ERC for a property based on the presentation of competent and substantial evidence, and/or correct any error in applying or calculating the ERC for a particular lot or parcel of property. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the connection fees imposed under this subsection (5). All requests from affected property owners for any such changes shall be referred to, and processed by the city manager or designee.

k.

The connection fees collected by the city as provided in this subsection (5) shall be set apart and separately accounted for and used only for costs associated with the new sanitary sewer collection facilities constructed under Waterworks 2011.

(c)

Retail consumers receiving water and wastewater service outside the corporate limits as described in paragraph (b)(2) shall be charged at a rate twenty-five (25) percent higher than the rate charged for like service and quantity of water used by consumers within the city limits.

(d)

Consumers within the corporate limits who dispose of wastewater through the city's wastewater disposal system and are supplied with water from sources public or private, other than the city water system, shall be charged a commodity charge for each one thousand (1,000) gallons of wastewater discharged or fraction thereof. The commodity charge shall be levied in accordance with section 28-76(b)(4). The customer shall install at his own expense and subject to approval by the city a specially designed and constructed sewage meter for accurately measuring all sewage and wastewater discharged from the premises. A customer may install on the water line from private or public sources, other than the city system, at his own expense and subject to the approval and inspection of the city, a meter to measure the water consumption. The water meter may be used to calculate the commodity charge if the public works director or his designee determines that the water consumption is equivalent to the wastewater discharge. In addition to the commodity charge, the customer shall pay a monthly fixed charge based upon the equivalent water meter size. The equivalent water meter size shall be determined by the public works director or his designee.

(e)

Retail customers receiving wastewater service outside the corporate limits as described in subsection (d) above shall be charged at a rate twenty-five (25) percent higher than the rate charged for like service by customers within the city limits.

(f)

The city has established limitations on the wastewater strength characteristics discharged into the city's sewerage system which consists of either a five-day BOD concentration of mg/liter or a suspended solids concentration of mg/liter or both. In the event an industrial user exceeds these limits for wastewater as determined by monitoring the utility's effluent at the point of connection, the commodity charge(s) shall be multiplied by the following projected factor:

(1)

In the event that only the BOD ₅ limit is exceeded: [0.7 + 0.00075 × (concentration of BOD in mg/liter)]

(2)

In the event that only the SS is exceeded: [0.7 + 0.00075 × (concentration of SS in mg/liter)]

(3)

In the event that both SS and BOD are exceeded: [0.4 + 0.00075 × (concentration of BOD in mg/liter) + 0.00075 × (concentration of SS in mg/liter)].

(g)

Should water consumption of an unusually and inexplicably large volume be recorded by an accurate meter for a customer whose account shows no prior history of such high water consumption, the city manager or designee may, upon receipt of a sworn affidavit from the customer that the customer knows of no reason for such high consumption and a statement by a licensed plumber that there are no leaks in the customer's plumbing system, reduce the customer's wastewater commodity charge to a rate equal to the customer's previous twelve-month average consumption rate.

(h)

Should water consumption of an unusually large volume be recorded by an accurate meter, which consumption is the result of a leak in the consumer's water system, and such consumption results in a loss of water which does not enter the sewer system, the city manager or designee may, upon receipt of a sworn affidavit from the customer stating that the water did not enter the sewer system and a sworn affidavit from a licensed plumber that a leak in the customer's water system has been repaired, adjust the customer's wastewater commodity charge by averaging the prior twelve (12) months' consumption and crediting the difference.

(i)

Should excessive water consumption be the result of a known water leak in the consumer's water system and such consumption results in a loss of water that discharges to the sewer system, the city manager or designee may, upon receipt of a sworn affidavit from the customer stating that the water did enter the sewer system and a sworn affidavit from a licensed plumber that the leak in the customer's water system has been repaired along with a copy of the repair invoice describing the type and location of the leak, and the repairs made, reduce or credit the customer's wastewater commodity charge by reducing the rate charged to a rate equal to the customer's previous twelve-month average consumption rate.

(j)

Should water consumption of an unusually large volume be recorded by an accurate commercial meter, which consumption is the result of a leak in the consumer's water system, and such consumption results in a loss of water that did not enter the sewer system, the city manager or designee may, upon receipt of a sworn affidavit from the customer requesting the leak adjustment, and a sworn affidavit from a licensed plumber that a leak in the customer's water system has been repaired, reduce or credit the customer's wastewater commodity charge by averaging the prior twelve-month consumption and crediting the difference.

(k)

When a signed statement by a contractor having a valid business tax receipt or property owner giving the dimensions and gallonage of a pool is filed with the city, reduction of sewerage charges attributable to the filling of the pool is authorized providing more than seventy-five (75) percent of the water is replaced.

(l)

To recover a portion of the costs the city incurs to maintain a readiness to serve properties that at one (1) time had active utility service but are currently inactive, on or after August 1, 2009 a service availability charge for both water and sewer will be billed to the property owner upon discontinuance of service.

(1)

The service availability charges will remain in effect until an active account is re-established to the property. Service availability charges shall be:

Meter Sizes	Wastewater Service Availability Monthly Charges 28-76(l)(1)
(inches)	Effective 10/1/2011	On 10/1/2012 charges shall be adjusted by multiplying the prior year's charge by 6.75%.   *See Note 1 at Sec. 28-76(b)(1)	On 10/1/2013, and October 1 of each year thereafter, charges shall be adjusted by multiplying the prior year's charge by 5%.   *See Note 1 at Sec. 28-76(b)(1)
5/8	$7.76
¾	$11.05
1	$17.66
1½	$34.13
2	$53.92
3	$100.07
4	$166.02
6	$330.85
8	$528.66
10	$759.44
12	$1,418.80
16	$2,308.96

 

(2)

In order for a structure or parts of a structure which have facilities for water and sewer service to be disconnected and excused from payment of water and sewer availability charges, the owner of said structure or parts of a structure shall:

a.

Remove all internal facilities which allow for the use of water and/or sewer service, including but not limited to: all sinks, toilets and spigots.

b.

Request that the water meter(s) involved be removed.

c.

Notify both the city sustainable development department and the city public works department that all water and sewer facilities have been removed and that the service availability charge should be terminated as to the subject structure or parts of a structure.

d.

Pay the service availability reconnection charge as follows when removing an account from inactive status and placing it on active status:

Service Availability Reconnection Charge 28-76(j)(2)
	Effective 10/1/2011
To re-establish active service for both water and sewer for all size meters	$150.00

 

(Code 1953, § 37-50; Ord. No. C-77-91, § 1, 7-19-77; Ord. No. C-77-137, § 1, 9-20-77; Ord. No. C-78-52, § 3, 4-18-78; Ord. No. C-78-94, § 2, 10-3-78; Ord. No. C-80-108, § 1, 12-9-80; Ord. No. C-81-56, § 1, 7-21-81; Ord. No. C-82-136, § 1, 1-4-83; Ord. No. C-83-129, § 1, 12-20-83; Ord. No. C-85-87, § 2, 9-17-85; Ord. No. C-86-76, § 1, 9-16-86; Ord. No. C-87-58, § 1, 9-9-87; Ord. No. C-88-55, § 1, 7-19-88; Ord. No. C-89-98, § 1, 9-26-89; Ord. No. C-90-33, § 1, 5-15-90; Ord. No. C-91-63, § 1, 9-19-91; Ord. No. C-92-41, § 1, 9-15-92; Ord. No. C-93-58, § 1, 9-21-93; Ord. No. C-94-34, § 1, 9-20-94; Ord. No. C-95-48, § 1, 9-19-95; Ord. No. C-95-71, § 1, 12-19-95; Ord. No. C-96-51, § 1, 9-17-96; Ord. No. C-97-9, § 5, 3-18-97; Ord. No. C-97-35, § 1, 9-16-97; Ord. No. C-98-55, § 1, 9-15-98; Ord. No. C-00-61, § 1, 10-17-00; Ord. No. C-01-42, § 1, 9-20-01; Ord. No. C-02-25, § 1, 9-17-02 ; Ord. No. C-02-39, § 3, 12-17-02 ; Ord. No. C-03-32, § 1, 9-16-03 ; Ord. No. C-03-36, § 1, 3-16-04 ; Ord. No. C-04-047, § 1, 9-21-04 ; Ord. No. C-05-26, § 1, 9-28-05 ; Ord. No. C-06-15, § 1, 6-20-06 ; Ord. No. C-06-29, § 1, 9-19-06 ; Ord. No. C-06-45, § 24, 1-4-07 ; Ord. No. C-07-89, § 1, 9-18-07 ; Ord. No. C-08-42, § 1, 9-16-08 ; Ord. No. C-09-21, § 2, 7-21-09 ; Ord. No. C-11-21, § 1, 9-20-11 ; Ord. No. C-12-25, § 1, 7-10-12 ; Ord. No. C-12-35, § 1, 9-18-12, eff. 10-1-12 ; Ord. No. C-13-02, § 1, 1-22-13 ; Ord. No. C-14-25, §§ 1—5, 5-20-14; ; Ord. No. C-15-05, § 1, 2-3-15, eff. 2-1-15 ; Ord. No. C-17-28 , §§ 150, 151, 9-13-17)

State law reference

Limitation on rates charged outside city, F.S. § 180.191.