§ 2-347. Service area of the Miami-Dade Water and Sewer Authority Department.

(a)

Section 2-340 of the Code of Miami-Dade County declares that it is the policy of Miami-Dade County to establish, own and operate a Countywide sanitary sewage collection and disposal system and water supply, treatment and distribution system. Accordingly, it is the intent of the Board of County Commissioners and of this section that the Miami-Dade Water and Sewer Authority Department shall provide and furnish water and sewer service to all areas in Miami-Dade County located outside of municipal boundaries as existing on the effective date of this section which areas have not previously been granted or assigned by the Miami-Dade County Water and Sewer Board to a private or municipal water or sewer utility. The Miami-Dade Water and Sewer Authority Department is hereby empowered to decline to serve portions of the aforementioned service area whenever the Director of the Department or his designee determines that same is in the best interests of Miami-Dade County and the water and sewer customers. If a private or municipal water or sewer utility proposes to expand its assigned service area in Miami-Dade County, the utility shall make a written request to the Miami-Dade Water and Sewer Authority Department. The Director of the Department or his designee shall determine whether or not the Department shall release the portion of the service area requested. The Director or his designee shall use the Director's or designee's best efforts to render a determination within thirty (30) days of receipt of the request. In making the aforesaid determinations, the Director or his designee shall consider the following evaluation factors:

(1)

Location of area proposed to be released.

(2)

Size of area.

(3)

Type of development planned for area.

(4)

Location of Department water and sewer facilities and those of the other utility.

(5)

Capability of Department water and sewer facilities and those of the other utility to serve the area.

(6)

Construction costs necessary to connect to Department facilities and to the facilities of the other utility.

(7)

Special considerations involving the public health, welfare and interest.

(b)

If the Director of the Department or his designee makes a determination to release the Department's right to serve the area, the release shall be subject to the following conditions:

(1)

The public or private utility shall comply with the fire flow requirements set forth in the Code of Miami-Dade County.

(2)

The design and construction of all water and sewer facilities by the public or private utility must conform to the standards of the Department. All plans of proposed water and sewer facilities must be approved by the Department prior to construction.

The determination by the Director or his designee shall be in writing and shall be sent by regular mail to the requesting utility.

(c)

The provisions of this section shall not apply to areas within municipal boundaries as existing on the effective date of this section. However, this section shall be applicable to areas annexed by municipalities after the effective date of this section.

(d)

A public or private utility which is aggrieved by a decision of the Director of the Department or his designee hereunder shall have the right to have the decision reviewed by the Board of County Commissioners by filing a petition with the Board within thirty (30) days of the written decision. The utility shall have the opportunity to present written and oral arguments to the Board in opposition to a decision of the Director or his designee. The Board of County Commissioners shall consider the evaluation factors listed above and may affirm, modify or reverse the decision of the Director or his designee.

(e)

A public or private utility aggrieved by a decision by the Board of County Commissioners with respect to a release of service area by the Department may seek judicial review in accordance with the Florida Rules of Appellate Procedure.

(Ord. No. 89-15, §§ 1—3, 3-7-89)

Editor's note

Sections 2 and 3 of Ord. No. 89-15 have been included herein at the discretion of the editor as 2-347(d) and (e).