§ 2-31-265. Wholesale potable water and wastewater rates, fees, and charges.

(a)

Reserve capacity.

(1)

All wholesale customers are required to enter into a contract with the county for the purchase of potable water or wastewater service. The contract will specify a reserve capacity and may include provisions for changing the reserve capacity. Unless otherwise specified by contract, reserve capacities for existing wholesale customers are as follows:

	Potable Water	Wastewater
Longboat Key	2.5 MGD	2.26 MGD
Palmetto	2.0 MGD	0 MGD
Bradenton	0.5 MGD	0 MGD
Sarasota County (through March 31, 2020)	6.0 MGD	0 MGD

 

(2)

The reserve capacities for wholesale customers are subject to upward adjustments by amendment of the contracts or in accordance with provisions specified in the contracts. The reserve capacities for wholesale customers are also subject to downward adjustments, in the county's discretion, should:

a.

Drought or other natural conditions result in insufficient ground or surface water to meet the needs of all users of the county potable water system; or

b.

The county's SWFWMD water use permit(s) be modified so as to allow lesser quantities of potable water usage; or

c.

A wholesale customer's contract with the county expire or be terminated.

(b)

Monthly wholesale customer charges.

(1)

The board may adopt, by resolution, monthly wholesale customer charges for potable water and wastewater service.

(2)

The monthly wholesale customer charges are based on reserve capacities as defined in each wholesale customer's contract or as provided in paragraph (a)(1) of this section. If a wholesale customer increases its reserve capacity, the customer charge shall increase.

(3)

If total consumption of potable water or total flow of wastewater exceeds total reserve capacity in any month, the monthly wholesale customer charge will be increased to account for total consumption or total flow at the rate. This adjusted monthly charge will be billed in addition to the excess demand charge established in subsection (c) of this section for potable water or subsection (d) of this section for wastewater.

(c)

Wholesale quantity rates—Potable water.

(1)

The board may adopt, by resolution, wholesale quantity rates and excess demand charges for potable water service.

(2)

Consumption in excess of reserve capacity units specified in individual contracts or provided in paragraph (a)(1) of this section is unacceptable. Should excess consumption occur, an excess demand charge will be billed to the customer, and measures must be taken by the customer to ensure that consumption stays within specified reserve capacity limits. If such measures are not taken or are not adequate, the county may discontinue service or take measures to restrict flow to daily reserve capacity.

(3)

Excess demand charges replace the quantity rates for that portion of consumption in excess of reserve capacity on any day which exceeds reserve capacity.

(d)

Wholesale flow rates—Wastewater.

(1)

The board may adopt, by resolution, wholesale flow rates for and excess demand charges for wastewater service.

(2)

Flow in excess of reserve capacity is unacceptable. Should excess flow occur, an excess demand charge will apply.

(3)

If flow exceeds the reserve capacity for the monthly billing cycle, all excess consumption during a day in which reserve capacity is exceeded will be billed at the excess demand charge.

(e)

The wholesale rates, fees, and charges, and any duly noticed changes in said rates, fees, and charges, shall apply whether or not the county has a then-current written contract with any given wholesale customer.

(f)

Should any wholesale potable water customer impose surcharges, however styled, on individual customers located outside the geographic boundaries of the wholesale customer, in excess of charges imposed upon customers within its boundaries, the county may, in the county's discretion, bill the wholesale customer on a quarterly basis for a sum equal to the aggregate surcharges imposed for the prior quarter, and refund said surcharges to the affected individual customers on receipt of payment from the wholesale customer.

(Ord. No. 07-62, § 1, 8-7-07; Ord. No. 10-69, § 17, 11-9-10; Ord. No. 15-39, § 3, 9-22-15)