ORDINANCE NO. C-02-39

AN ORDINANCE AMENDING CHAPTER 28, “WATER, WASTEWATER AND STORMWATER”, OF THE CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE, FLORIDA, TO ADDRESS THE WATERWORKS 2011 WATER AND WASTEWATER CAPITAL IMPROVEMENT PROGRAM BY AMENDING SECTION 28-26 TO PROVIDE FOR ADDITIONAL DEFINITIONS; SECTION 28-76, “WASTEWATER USER RATES”, TO PROVIDE FOR SEWER CONNECTION FEES AND PAYMENT OPTIONS, TO PROVIDE FOR A TEN PERCENT SURCHARGE ON NEW USER SERVICE CONNECTIONS TO THE WASTEWATER SYSTEM AND TO AMEND SUCH OTHER SECTIONS OF CHAPTER 28 NECESSARY TO MAKE ALL SECTIONS CONSISTENT.                          _

WHEREAS, in March 2001 the City Commission of the City of Fort Lauderdale endorsed the implementation of a 20-year Water and Wastewater Master Plan, with the majority of the recommended improvements being implemented in the first ten (10) years; and

WHEREAS, the program for implementation of those improvements to be completed in the first ten (10) years has been subsequently named the Water and Wastewater Capital Improvements Program (“WaterWorks 2011”); and

WHEREAS, part of the WaterWorks 2011 includes sewering the remainder of the entire City, removing the need for septic systems, and assuring all existing and potential customers have sanitary sewer service; and

WHEREAS, in conjunction with its endorsement of the 20-year Water and Wastewater Master Plan and WaterWorks 2011, the City Commission endorsed a 20-year financial plan, including projected fees and rate increases necessary to fund the planned improvements over the 20-year period; and

WHEREAS, to generate necessary funding to cover the cost associated with this infrastructure upgrade under the WaterWorks 2011 Master Plan, it is necessary to provide for connection charges and surcharges on sewer service provided under WaterWorks 2011 for sewer customers; and

WHEREAS, funding this program can be achieved through the use of the regular rate structure, the creation of 10% surcharge on the sanitary sewer rates for sewer services provided as a result of new sewers constructed and establishment of a sanitary sewer connection fee (“Connection Fee”) under WaterWorks 2011; and

WHEREAS, the Connection Fee is a one-time, mandatory lump sum charge that represents a portion of the cost of development of the sanitary sewer collection system attributable to a property and is required to be paid in order to connect to newly constructed sanitary sewer facilities constructed as part of WaterWorks 2011; and

WHEREAS, the City Commission has determined that it is necessary to provide financing options to eligible customers who are charged the mandatory Connection Fee; and

WHEREAS, the City of Fort Lauderdale has notified all customers of the proposed Connection Fee and surcharge on sewer customers through the regular utility billing process in accordance with Section 180.136, Florida Statutes; and

WHEREAS the City Commission of the City of Fort Lauderdale has determined that it is necessary, in conjunction with the sewer plans under WaterWorks 2011, to amend Chapter 28 of the Code of Ordinances in order to assist in funding these important sanitary sewer projects in those areas of the City in need of sanitary sewers;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA:

SECTION 1. That Section 28-26, Definitions and abbreviations, of the Code of Ordinances of the City of Fort Lauderdale, Florida,

is hereby amended and renumbered accordingly to provide for alphabetical listings of definitions as follows:

Sec. 28-26.  Definitions and abbreviations.

(a)  Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

. . .

(14) Completion Date. The date of completion of a new sanitary sewer collection system as certified by the city engineer.

. . .

(15) Connection Fee.  The Connection Fee is a one-time, mandatory lump sum charge that represents a portion of the cost of the development of the sanitary sewer collection system attributable to a property and is required to be paid in order to connect to newly constructed sanitary sewer facilities constructed as part of WaterWorks 2011.

. . .

(24) Equivalent Residential Connection (ERC). The factor used to calculate the Connection Fee to be charged to all properties.

. . .

(64) Sanitary Sewer Collection System.  The system of sanitary sewers, laterals and manholes intended for the provision of sanitary sewer service to a single area defined by specific geographic boundaries.

. . .

(89) WaterWorks 2011.  A ten (10) year program approved by the Commission on December 10, 2002 for the implementation of water and wastewater capital improvements.

(b)  Abbreviations.  The following abbreviation, when used in this chapter, shall have the following designated meanings:

TABLE INSET:

SECTION 2. That Section 28-33, Connection to sanitary sewer required, of the Code of Ordinances of the City of Fort Lauderdale,

Florida is hereby amended to read as follows:

Sec. 28-33.  Connection to sanitary sewer required.

(a)  Except as provided herein, every owner of a lot or parcel of property in the city which abuts upon any street or public way containing a sewer line, upon which lot or parcel of property a building shall have been constructed for residential, commercial or industrial use, must cause such building to be connected with the sanitary sewer system within ninety (90) days of the date that such service is available from the Completion Date as certified by the city engineer.

SECTION 3. That Division 3, Rates and Charges, Section 28-76, Wastewater user rates, of the Code of Ordinances of the

City of Fort Lauderdale, Florida, is hereby amended to read as follows:

DIVISION 3.  RATES AND CHARGES*

Sec. 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 who 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.

. . .

(6)  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 of 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) 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 300 gallons per day (GPD), and shall be charged one (1) ERC with an associated Connection Fee of one thousand dollars ($1,000).  Duplexes and triplexes shall be charged one (1) ERC per dwelling unit, with associated Connection Fees of two thousand dollars ($2,000) and three thousand dollars ($3,000) 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) X (Number of Dwelling Units) X ($1,000).

c.   The Connection Fee for nonresidential properties shall be based upon each customers’ actual water usage for the preceding thirty-six 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 individual months consumption out of the preceding thirty-six consecutive months computed as follows -(average daily consumption of the highest three individual months for the property in GPD) ¸ (300) X ($1,000).

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 X ($1,000/ERC).

e.   The basis of these determinations are contained in the “Guidelines for the Calculation of Sanitary Sewer Connection Fees” developed by the department of public services 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 imposed under this subsection (6) 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 6.0% compounded monthly.  A property owner electing to finance the Connection Fee 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 (6), shall be required to complete an application and 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.

g.   In addition to the Connection Fee, a ten percent (10%) 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.

h.   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 (6).  All requests from affected property owners for any such changes shall be referred to, and processed by the city manager or designee.

i.   The Connection Fees collected by the city as provided in this subsection (6) 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.

SECTION 4. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of

competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect.