§ 74-117. Determination of charges for users of city wastewater treatment works; operation, maintenance and replacement fund.

(a)

Findings. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city treatment works. The proceeds of such charges so derived shall be sufficient to be used for the purpose of the operating and maintaining, including replacing, the public wastewater treatment works.

(b)

Definitions. Unless the context specifically indicates otherwise, the meaning of terms in this section shall be as follows:

Operation and maintenance means those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and for which such works were designed and constructed. The term "operation and maintenance" includes "replacement" as defined in this subsection.

Replacement means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

Treatment works means any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment, including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

Useful life means the estimated period during which a treatment works will be operated.

User charge means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

(c)

Fund established. The revenues collected, as a result of the user charge levied, shall be deposited in a separate nonlapsing fund known as the "Operation, Maintenance and Replacement Fund."

(d)

Use of monies. Fiscal year-end balances in the operation, maintenance and replacement funds shall be used for no other purposes than those designated. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within six months of the fiscal year in which the monies were borrowed.

(e)

User charge rates.

(1)

Each user shall pay for the services provided by the city based on his use of the treatment works as determined by water meter readings or other appropriate methods acceptable to the city.

(2)

Each user shall pay a user charge rate for operation and maintenance including replacement as reflected in the minimum monthly rate as shown in the sewer service rate schedule set forth in section 74-118.

(3)

The user charge rates established in this section apply to all users of the city treatment works.

(f)

Review of user charge rates; notification of change.

(1)

The city will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

(2)

The city will notify each user at least annually of the rate being charged for operation and maintenance including replacement of the treatment works.

(Code 1958, § 33-11.3)

State law reference

User fees authorized, F.S. § 166.201.