§ 30-362. Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue requirements.

(a)

The district is authorized to prescribe, fix, establish and collect rates, fees, rentals, or other charges (hereinafter sometimes referred to as "revenues"), and to revise the same from time to time, for the facilities and services furnished by the district, within or without the limits of the district; including but not limited to drainage facilities, recreation facilities and water and sewer systems, to recover the costs of making connection with any district facility or system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals or other charges that are delinquent.

(b)

No such rates, fees, rentals, or other charges for any of the facilities or services of the district shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals and other charges shall have been published in a newspaper in Broward County and of general circulation in the district at least once at least ten (10) days prior to such public hearing, which may be adjourned from time to time. After such hearing such schedule or schedules, either as initially proposed, or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing. Any change or revision of rates, fees, rentals or charges may be made in the same manner as the same were originally established, as hereinabove provided, except that if such changes or revisions are made substantially pro rata as to all classes of the type of service involved no notice or hearing shall be required.

(c)

Such rates, fees, rentals and charges shall be just and equitable and uniform for users of the same class, and where appropriate may be based or computed either upon the amount of service furnished or upon the number or average number of persons residing or working or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis.

(d)

The rates, fees, rentals or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues or fund available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated: (a) to provide for all expenses of operation and maintenance of such facility or service; (b) to pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose, and (c) to provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this article.

(e)

The board shall have the power to enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district, including but not limited to service agreements with landowners and others within or without the district providing for the drainage of land by the district or the furnishing of any of the other services and facilities of the district, for such consideration and on such other terms and conditions as the board may approve. No hearing or notice thereof shall be required prior to the authorization or execution by the board of any such contract or agreement, and the same shall not be subject to revision except in accordance with their terms. Such contracts or agreements, and revenues or service charges received or to be received by the district thereunder, may be pledged as security for any of the lands of the district.

(Sp. Acts, Ch. 71-580, § 51)