HomeMy WebLinkAboutLB 2023-2024 Rate Resolution Final CLAY COUNTY UTILITY AUTHORITY
RESOLUTION NO. 2023/2024-01
A RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE CLAY COUNTY UTILITY AUTHORITY
ESTABLISHING UTILITY DISTRICTS; ADOPTING,
AMENDING AND RESTATING WATER AND
WASTEWATER UTILITY RATES AS PREVIOUSLY
ADOPTED IN RESOLUTIONS NO. 94/95-14, NO. 94/95-
18, NO. 94/95-21, NO. 94/95-23, NO. 95/96-04, NO. 96/97-
01, NO. 97/98-01, NO. 98/99-01, NO. 99/00-01, NO. 99/00-
05, NO. 99/00-06, NO. 2000/2001-01, NO. 2000/2001-07,
NO. 2000/2001-08, NO. 2001/2002-01, NO. 2003/2004-01,
NO. 2004/2005-01, NO. 2005/2006-01, NO. 2005/2006-04,
NO. 2006/2007-01, NO. 2007/2008-01, NO. 2008/2009-01,
NO. 2009/2010-01, NO. 2010-2011-01, NO. 2011-2012-01,
NO. 2012-2013-01, NO. 2013-2014-01, NO. 2014-2015-01,
NO. 2015-2016-01, NO. 2016/2017-01, NO. 2017/2018-01,
2018/2019-01, NO. 2019/2020-01, NO. 2020/2021-01,
2021/2022-01, AND NO. 2022/2023-01; ADOPTING,
AMENDING AND RESTATING SERVICE
AVAILABILITY POLICY; ADOPTING, AMENDING
AND RESTATING FIRE HYDRANT METER POLICY,
co PROCEDURES AND RATE SCHEDULE; PROVIDING
c AN EFFECTIVE DATE.
a)
WHEREAS, on October 1, 1994, the Clay County Utility Authority (hereinafter, the
.2 "Authority" or "Utility") came into existence pursuant to Chapter 94-491, Laws of Florida,
Special Acts of 1994 (the "Act");
z
cc WHEREAS, on its effective date, the Authority acquired certain water and
wastewater utility assets previously acquired or owned by Clay County, Florida, said assets
being now known as the Clay County Utility Authority Water and Wastewater System
(hereinafter "Utility" or "System");
WHEREAS, on its effective date, by its Resolution No. 94/95-6, subsequently
extended on December 20, 1994, by its Resolution No. 94/95-12, the Authority ratified and
continued on an interim basis its policies and procedures concerning rates, fees and charges,
and its service availability policy, as had been previously adopted by the Clay County Water
and Sewer Authority, the Authority's predecessor in interest to the System;
WHEREAS, on February 21, 1995, the Authority adopted effective as of February 27,
1995, Resolution No. 94/95-14, setting forth its standing policies establishing just, fair and
equitable rates, fees and charges for the effective and efficient administration of Utility;
WHEREAS, on May 16, 1995, the Authority adopted Resolution No. 94/95-18,
amending in part Resolution No. 94/95-14, providing for amendment of charges and disposal
of domestic septic tanks, portable toilet, and landfill lechate, providing further for
amendment of charges for reconnection of wastewater system users, and the Authority is
authorized to adopt water and wastewater rates, fees, and charges, and providing further for
an amendment to the service availability policy with respect to septage disposal;
WHEREAS, on September 5, 1995, the Authority adopted Resolution No. 94/95-21,
providing for, among other things, the maintenance of security deposits and alternatives
thereto with respect to customer accounts;
1 CCUA RESOLUTION NO. 2023/2024-01
WHEREAS, on September 17, 1995, the Authority adopted Resolution No. 94/95-23,
amending and restating in their entirety its standing policies establishing just, fair and
equitable rates, fees and charges for the effective and efficient administration of Utility for
fiscal year 1995-1996;
WHEREAS, on February 20, 1996, the Authority adopted Resolution No. 95/96-4,
amending and restating Paragraph 5, "ON-SITE IMPROVEMENTS" of its service
availability policy, as previously adopted and amended in Resolutions No. 94/95-14, No.
94/95-18, No. 94/95-21, and No. 94/95-23;
WHEREAS, on August 5, 1997, the Authority authorized the acceptance and
operation of the McRae Landing Water Treatment System, and the Board of County
Commissioners for Clay County, Florida, by their action of August 12, 1997, Clay County
Resolution No. 96/97-86, authorized and approved the acquisition of the same, and on
September 4, 1997, the Authority accepted the transfer of the McRae Landing Water
Treatment System, and such system is included as a part of the West Clay System (formerly
the Clay System) for rate purposes;
WHEREAS, on September 4, 1997, the Authority authorized the operation of the
Eagle Harbor Water and Wastewater Treatment Systems, pursuant to that one certain
Operation and Maintenance Agreement between the Authority and THE CROSSINGS AT
FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190, F.S.
Community Development District;
WHEREAS, on March 3, 1998, the Authority adopted its policy regarding the reuse
of treated wastewater effluent (hereinafter, "reuse water" or "reclaimed water"), as regulated
by the Florida Department of Environmental Protection ("FDEP") under Chapter 62-210,
FAC, as amended, as an alternative source of irrigation, and established rates with respect
thereto, all of which was formalized by the Authority's adoption of Resolution No. 97/98-07;
WHEREAS, on March 17, 1998, the Authority adopted Resolution No. 97/98-08,
amending its service availability policy previously adopted, amended and restated in
Resolution No. 97/98-01, to provide for, among other things, the requirement that applicants
for service with the Authority's System first sign a letter agreement in the form directed
therein, prior to the Authority applying for a FDEP permit for such water and/or wastewater
facilities relating to the applicant's project;
WHEREAS, on May 19, 1998, the Authority adopted an amended and restated policy
regarding reuse water as an alternative source of irrigation, and restated rates with respect
thereto, all of which was formalized by the Authority's adoption of Resolution No. 97/98-10;
WHEREAS, on June 16, 1998, the Authority adopted Resolution No. 97/98-11,
adopting its Pretreatment Program (herein so called) in compliance with FAC section 62-
625.500(a), for the purpose of preventing discharges to the wastewater treatment facilities of
the Authority by industrial users and others which would potentially interfere with the
operation of such facilities, and to prevent discharges which would pass through or otherwise
be incompatible with the Authority's wastewater treatment facilities;
WHEREAS, on August 18, 1998, the Authority adopted its Golden Opportunities
Plan as Resolution No. 97/98-12 (renumbered from Resolution No. 97/98-11), providing for,
among other things, an extended period of time for retired ratepayers on a fixed income and
who are in excess of age 62 years to pay monthly utility charges as the same come due;
2 CCUA RESOLUTION NO. 2023/2024-01
WHEREAS, on September 1, 1998, the Authority authorized an increase in the term
of a refundable agreement entered into under Paragraph 8 of the Authority's service
availability policy, for the equitable refund for the cost of certain offsite improvements made
by a developer/applicant to the Authority's System, under the conditions set forth therein, to
an initial term of ten(10) years, followed by a subsequent extension term of an additional ten
(10) years as permitted therein;
WHEREAS, effective November 3, 1998, the Authority accepted the transfer of the
Water and Wastewater service rights and related distribution and collection facilities for The
Point Condominiums and Whitney's Marina, subject to an interim operating period to allow
for the completion and connection of such users to the Authority's central Water and
Wastewater systems, which has since been completed, and such system is included as a part
of the Kingsley System for rate purposes;
WHEREAS, effective January 5, 1999, the Authority accepted the transfer of The
Ravines PUD Water and Wastewater Treatment, Collection and Distribution Systems, and
such systems are included as a part of the Mid-Clay System for rate purposes;
WHEREAS, on January 5, 1999, the Authority adopted Resolution No. 98/99-07,
which restated and corrected Sections 12 and 13 of the Service Availability Policy dealing
with installation of potable water meters and fees and charges for installation of reuse water
meters, respectively;
WHEREAS, on April 6, 1999, the Authority adopted Resolution No. 98/99-08, which
amended the method for determining and calculating equivalent residential connection
factors for water, reuse water and wastewater services for Hotel/Motel establishments (not
including food service, banquet, meeting room and guest laundry facilities);
WHEREAS, on May 4, 1999, the Authority adopted Resolution No. 98/99-09, which
formally adopted and amended the Authority's "In-Fill Projects Fund Policy", thereby
supplementing the Authority's Service Availability Policy;
WHEREAS, on June 1, 1999, the Authority adopted Resolution No. 98/99-10, which
formally adopted the Authority's "Middleburg Service Area Development Policy," thereby
supplementing the Authority's Service Availability Policy;
WHEREAS, on March 21, 2000, the Authority adopted Resolution No. 99/00-05,
adding a new subsection(12) to Section 3 of the existing Rate Resolution(defined below) for
the Authority, regarding the imposing of liens for unpaid service availability fees, and
renumbering prior subsections (12) through (15), inclusive, of that section, to existing
subsections (13) through(16), inclusive;
WHEREAS, the Authority has adopted an amended and restated "Cross-Connection
Control Policy" by its informal action of April 4, 2000, which amended said policy as
originally adopted on April 14, 1995;
WHEREAS, by its action on July 3, 2001, after public notice and hearing, the Board
of Supervisors for the Authority adopted Resolution No. 2000/2001-08, adopting rules to
implement the application, processing and issuance of permits for water distribution and
wastewater collection system mains 12" in diameter and smaller in size; and amending and
supplementing in part Resolution No. 2000/2001-01 by adopting permit application fees;
WHEREAS, by its action on October 2, 2001, after public notice and hearing, the
Board of Supervisors for the Authority adopted Resolution No. 2001/2002-01, adopting its
annual rate resolution for that fiscal year, its service availability policy, and its new fire meter
hydrant policy and procedures;
3 CCUA RESOLUTION NO. 2023/2024-01
WHEREAS, the Authority has since, after published notice and rate hearings, adopted
its annual schedule of rates for water, wastewater and reuse water, for its various districts;
WHEREAS, the Authority acquired the Keystone Heights system from Florida Water
Services Corporation, on or about May 7, 2003, based on previously adopted Authority
resolutions and formal approval of the expansion of the Authority's systems by the Board of
County Commissioners for Clay County, Florida;
WHEREAS, on August 1, 2006, the Authority informally approved an increase in the
charge per thousand gallons of septic waste charge for septage treatment, and a formula
change to the calculation of the charge for excess strength waste to more accurately reflect
the actual impact of Authority facilities, to be effective beginning Fiscal Year 2006/2007;
WHEREAS, on August 1, 2006, the Authority informally approved an increase in a
number of service charges, rates and fees to be included in the published schedule for the
Authority's Public Rate Hearing and to be used effective beginning Fiscal Year 2006/2007;
WHEREAS, by its action on November 20, 2007, the Board of Supervisors for the
Authority adopted Resolution No. 2007/2008-06, formally adopting its PRETREATMENT
RESOLUTION ENFORCEMENT RESPONSE PLAN;
WHEREAS, by its action on June 1, 2010, adopting Resolution No. 2009/2010-07,
the Board of Supervisors for the Authority amended Section 12.(1) of the Authority's Rate
Resolution, entitled "DETERMINATION OF EQUIVALENT RESIDENTIAL
CONNECTION FACTORS FOR WATER, REUSE WATER AND WASTEWATER
SERVICES," previously established under Resolution No. 2009/2010-01, adopted effective
October 1, 2009, was amended in part to add a new Establishment category of "Laundry
(Self-Service with Water Efficient Front-Loading Commercial Washer)," and having an
assigned ERC Factor of 0.520;
WHEREAS, on September 21, 2010, the Authority informally approved the Septage
Haulers Disposal Deposit Policy requiring an upfront security deposit and for the payment of
domestic waste disposal service it renders, to be effective beginning Fiscal Year 2010/2011;
WHEREAS, on September 21, 2010, the Authority informally approved the
Miscellaneous Receivable Policy that allows for a nonpayment fee equal to the
Miscellaneous receivables that water/sewer receivables pay for payments not received by
their due date, to be effective beginning Fiscal Year 2010/2011;
WHEREAS, on September 21, 2010, the Authority informally approved the
Disability Assistance Plan for disabled customers who do not meet the Golden Opportunities
Plan, to be effective beginning Fiscal Year 2010/2011;
WHEREAS, on September 21, 2010, the Authority informally approved a new policy
requiring refund checks to be issued to the spouse or personal representative of a deceased
customer, to be effective Fiscal Year 2010/2011;
WHEREAS, on September 21, 2010, the Authority informally approved a service
charge plus recording fees to be charged to a customer who has a lien placed on their
property, to be effective Fiscal Year 2010/2011, currently in effect as set forth in Exhibit
WHEREAS, on September 21, 2010, the Authority informally approved a service
charge for delinquent customers with flat-rate sewer accounts, to be effective Fiscal Year
2010/2011, currently in effect as set forth in Exhibit"A";
4 CCUA RESOLUTION NO. 2023/2024-01
WHEREAS, the Authority by its informal action on January 4, 2011, implemented
Customer enrollment into an Auto Debit Program for Customers desiring to utilize recurring
automatic payment withdrawals of incurred rates, fees and charges, for qualifying
Customers;
WHEREAS, on January 18, 2011, the Authority informally approved the excess
usage adjustment covering the initial thirty (30) day watering period for new sod for
Customers who successfully complete a water conservation assessment to receive a water
adjustment capped at tier 2;
WHEREAS, on January 18, 2011, the Authority informally approved the excess
usage adjustment for a pool fill capped at tier 2;
WHEREAS, on March 1, 2011, the Authority informally approved use of a period
adjustment factor formula to take into account long and short billing periods off of the base
30-day period, and provided for corresponding adjustment of Customer accounts;
WHEREAS, by its formal action on August 2, 2022, the Authority amended and
restated its Clay County Utility Authority Pretreatment Program With Respect To General
Sewer Use And Pretreatment Of Wastewater, in order to comply with legislative changes
under F.S. s. 403.0741, and further modified said policy by its informal action as to the FOG
BMP Policy for hydromechanical grease interceptor device maintenance requirements on
September 20, 2022, which actions together superseded prior Authority Resolution Nos.
2011/2012-06, 2003/2004-07, and 97/98-11;
WHEREAS, on July 2, 2013, the Authority informally approved and authorized staff
use and implementation of a Criteria for Customer Returned Check Service Charge Waiver
for qualifying Customers;
WHEREAS, on September 3, 2013, the Authority informally approved revisions to
the Authority's Septage Haulers Disposal Deposit Policy, Miscellaneous Receivable Policy,
and Domestic Waste Application, to be effective as of October 1, 2013;
WHEREAS, on October 1, 2013, the Authority amended, restated, and adopted its
rates, fees, and charges, Service Availability Policy, and Fire Hydrant Meter Policy, for the
System or Utility owned and operated by the Authority within its territorial boundaries as
located in parts of Bradford, Clay, and Duval Counties, Florida, by the adoption of Authority
Resolution No. 2013/2014-01 (the "Rate Resolution"), by the formal action of the Board of
Supervisors (herein so called) of the Authority;
WHEREAS, on December 3, 2013, the Board of Supervisors of the Authority by
formal action adopted Resolution No. 2013/2014-05, which adopted the Authority's As-Built
Specifications— Standards Manual;
WHEREAS, a water utility system connection charge is a funding mechanism that a
local government may utilize to pay for improvements to its water utility that are necessary
to serve new growth;
WHEREAS, in order to be constitutional, connection charges must satisfy a dual
rational nexus test;
WHEREAS, the dual rational nexus test requires a local government, in this case the
Authority, to show a reasonable nexus between the Authority's need for additional capital
facilities and the new construction and that a special benefit is conferred upon the charge
payers;
5 CCUA RESOLUTION NO. 2023/2024-01
WHEREAS, the calculation of the initial Alternative Water Supply connection charge
("AWS Connection Charge") effective October 1, 2015, was based upon the most recent and
localized data, as evidenced by the Reclaimed Water Deficit & Augmentation of Reclaimed
Water System Projection Study on Long Term Water Supply dated December 2014, prepared
by Ray O. Avery, Utility Consultant for the Authority, as supplemented and confirmed by
subsequent Utility staff and management analyses and projections, which are on file with the
Authority;
WHEREAS, the accounting of the AWS Connection Charge revenues and
expenditures are reported in a special and segregated revenue fund entitled "AWS
Connection Charge Fund";
WHEREAS, the initial amount of the AWS Connection Charge for Fiscal Year
2015/2016 was informally adopted by the Authority Board at a public meeting held on
September 15, 2015, and was formally ratified and adopted by the Authority Board at a
public meeting on October 6, 2015, to be effective October 1, 2015, by Resolution No.
2015/2016-01;
WHEREAS, the initial amount of the SJRWMD Black Creek Water Resource
Development Project Surcharge and the SJRWMD Black Creek Water Resource
Development Project Connection Charge for Fiscal Year 2021/2022 was informally adopted
by the Authority Board at a public meeting held on August 3, 2021, to be effective October 1,
2021, by the Board's formal adoption of Resolution No. 2021/2022-01;
WHEREAS, also by its adoption of said Resolution No. 2021/2022-01, the Authority
adopted its policy for deferral of certain charges and for the availability of master metering
for workforce housing developments, as further defined and set forth in detail in paragraph(s)
number 35 and 35 [note: the second numbered paragraph 35 thereto (sic) being referred to
internally by the Authority as paragraph 36, as intended] of the Service Availability Policy of
that resolution for Fiscal Year 2021-2022;
WHEREAS, by its informal action on September 6, 2022, the Authority confirmed its
willingness to allow for master metering of multi-family residential projects on the basis as
set forth in paragraph 36 of Attachment 1, being the Service Availability Policy attached to
this Resolution for Fiscal Year 2022-2023;
WHEREAS, the Authority's annual budget for Fiscal Year 2023/2024, beginning
effective October 1, 2023, and continuing through September 30, 2024, incorporates
anticipated revenues and expenditures for all systems to be operated by the Authority for
such period, and it is necessary and appropriate for the Authority to adopt rates and charges
consistent with said budget;
WHEREAS, the Authority finds that it is in its best interest, and that of the ratepayers
of the System as a whole, to adopt, amend and restate in their entirety its standing policies
which will establish the terms and conditions of service availability of the System to users or
potential users thereof, and its previously adopted just, fair and equitable rates, fees and
charges for Fiscal Year 2023/2024, for the effective and efficient administration of Utility;
WHEREAS, the Authority has complied with the public notice and public hearing
requirements imposed upon it by applicable law in all instances with respect to the formal
action of its Board of Supervisors hereunder; and the Authority has previously mailed written
notice of its September 12, 2023, annual public rate hearing to all of its customers in
accordance with applicable law;
6 CCUA RESOLUTION NO. 2023/2024-01
WHEREAS, the Authority conducted its annual public rate hearing on September 12,
2023, commencing at 7:00 p.m., concurrent with or immediately preceding or following its
public hearing on the adoption of LAMPA as described below, at which time, the Board of
Supervisors considered the proposed Fiscal Year 2023/2024 rates, fees, charges, budget, and
five (5)year capital plan, and welcomed public comment on the same; and
WHEREAS, the Authority conducted its public hearing on September 12, 2023,
commencing at 7:00 p.m., concurrent with or immediately preceding or following the annual
public rate hearing, at which time the Board of Supervisors specifically considered the
proposed LAMPA plan, as defined below, and welcomed public comments on the same;
WHEREAS, on September 19, 2023, the Authority adopted Resolution No.
2022/2023-08, which formally adopted the Authority's Lake Asbury Master Plan Area,
defined below as "LAMPA", to be effective on December 19, 2023, thereby supplementing
this Resolution No. 2023/2024-01 and the Authority's Service Availability Policy from and
after that specified effective date; and
WHEREAS, with the commencement of a new Fiscal year, it is therefore necessary
and appropriate that the Board of Supervisors for the Authority adopt its Fiscal Year
2023/2024 rates, fees, charges, budget, and five (5) year capital plan, to be effective on
October 1, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY, THAT THE
RATE RESOLUTION AND SERVICE AVAILABILITY POLICY OF THE
AUTHORITY ARE HEREBY ADOPTED, AMENDED AND RESTATED IN THEIR
ENTIRETY, TO-WIT:
SECTION 1. TITLE.
This Resolution may be cited as the "Water and Wastewater Utility Rate Resolution",
or the "Rate Resolution."
SECTION 2. DEFINITIONS.
When used in this Rate Resolution, the following terms (whether capitalized or not
within this Rate Resolution and/or any attachment, exhibit, or schedule thereto) shall be
defined to mean(note, some referenced terms are defined later in this Section 2).
(1) "Administrative Fee" means a fee or charge imposed on "Flex Rental Space
Developments" as defined below in Paragraph 30 of the Service Availability Policy, see
Attachment 1, which is hereby incorporated by reference. "Administrative Fee" shall be
synonymous and may be used interchangeably with the term"Service Fee."
(2) "Alternative Water Supply" or "AWS" means any sustainable water source
that does not originate from the upper Floridian Aquifer.
(2) "Applicant" means the owner of real property or the person or legal entity
which has the legal right to utilize real property by means of any form of ownership which
real property the Applicant desires to be served by water service, reuse water service,
wastewater service or any combination thereof. The terms "Applicant," "Developer" and
"Property Owner" are synonymous and may be used interchangeably herein. An Applicant
will typically sign a "Developer Agreement" with Utility covering that Applicant's Property,
as well as an Application. However, in some instances tenants or owners of subdivided
portions of the Applicant's Property will be required to sign their own Application or
Developer Agreement for Utility service.
7 CCUA RESOLUTION NO. 2023/2024-01
(3) "Application" means a written request from an applicant requesting that,
pursuant to a Utility Agreement, specific water service, reuse water service and/or
wastewater service be provided to and for certain real property.
(4) "As-Built Specifications — Standards Manual", means the Authority's
previously adopted policy, procedures, and technical standards and specifications pertaining
to CADD and "As-built survey plans", as further described in Paragraph 17 of the Service
Availability Policy, which is hereby incorporated by reference.
(5) "Attachment 1" means the Authority's "Service Availability Policy", being
herein so called, which is attached hereto and incorporated by reference.
(6) "Attachment 2" means the Authority's "Fire Hydrant Meter Policy Rate
Schedule", being herein so called, which is attached hereto and incorporated by reference.
(7) "Attachment 3" means the Authority's "Commercial ERC Factors Table",
being herein so called, which is attached hereto and incorporated by reference.
(8) "AWS Connection Charge" means an equitable and proportionate charge
made at the time service is newly requested to cover the growth-related capital cost of
construction for the AWS supply, transmission, ground storage facilities, pumping facilities,
treatment facilities, and distribution system required to develop and provide AWS service to
new connections to the water system by new users. This charge may sometimes also be
referred to simply as the "AWS Charge" or"Alternative Water Supply Charge".
(9) "AWS Connection Charge Fund" means the segregated and restricted fund
into which AWS Connection Charge revenues are deposited, to be used exclusively for
expanding AWS facilities and/or capacity, or for the payment of debt service on obligations
issued to build expanded AWS facilities and capacity.
(10) "AWS Surcharge" means an amount added to every potable water bill to
support the development of Alternative Water Supply to augment and replace current water
supplies that are or will be depleted over time. This surcharge can be applied to the
feasibility of AWS technologies and projects as well as the design and construction of
projects that could produce sustainable water supplies.
(11) "AWS Surcharge Fund" means the segregated and restricted fund into which
AWS Surcharge revenues are deposited, to be used exclusively for AWS infrastructure costs
and expenses.
(12) "Capacity Charge" means a fee or charge paid to Utility by an Applicant to
obtain water, reuse water and/or wastewater service capacity. Capacity Charges, sometimes
previously referred to as connection charges, are utilized for expanding the corresponding
facilities and/or capacity of the System, or for the payment of debt service on obligations
issued to acquire excess plant and capacity or to build expanded plant and capacity. The
I
term does not include the costs of collection or distribution facilities or facilities on the
Customer side of the point of delivery, nor the costs of capital improvements incurred to
merely overhaul or renovate existing facilities which do not increase System capacity as a
result of such renovation. "Water Capacity Charge", or variations thereof, shall refer
specifically to that fee or charge with respect to Utility's potable water system, "Wastewater
Capacity Charge" or "Sewer Capacity Charge", or variations thereof, shall refer specifically
to that fee or charge with respect to Utility's wastewater or sewer system, and "Reclaimed
Water Capacity Charge", or variations thereof, shall refer specifically to that fee or charge
with respect to Utility's reclaimed water system.
(13) "Collection facilities" means the lines, pipes, and appurtenant facilities, or
whatever type or nature, used to collect sewage from sewer facilities, buildings, structures or
facilities and to transmit it to wastewater transmission facilities.
8 CCUA RESOLUTION NO. 2023/2024-01
(14) "County", unless the context clearly indicates otherwise, means Clay County,
Florida, a political subdivision of the State of Florida. However, if a particular Property is
situated outside of Clay County, Florida, then "County" shall refer to the county in which
that particular Property is situated.
(15) "Customer" means any person, firm or corporation who has entered into an
agreement to receive water, reuse water and/or wastewater service from Utility and who is
liable for the payment of that water and wastewater service. "Customer" may also be
synonymous with the term"Applicant".
(16) "Customer Connection Charge (Tap-In)" means Authority's fixed fee
quotation based on its estimate of the approximate cost to design, permit and construct a
connection point to Authority's existing facilities and extension of such facilities to
Developer's property utilizing Utility's own staff. "Customer Connection, Water (Tap-In)",
or variations thereof, shall refer specifically to that fixed fee with respect to Utility's potable
water system, "Customer Connection Charge, Wastewater (Tap-In)" or "Customer
Connection Charge, Sewer (Tap-In)", or variations thereof, shall refer specifically to that
fixed fee with respect to Utility's wastewater or sewer system, and "Customer Connection
Charge, Reclaimed (Tap-In)", or variations thereof, shall refer specifically to that fixed fee
with respect to Utility's reclaimed water system.
(17) "Debt Service Charge" means a restricted charge designed to reduce the
Authority's total long-term debt. All funds collected from the Debt Service Charge must be
used to reduce long-term debt. The Debt Service Charge is calculated by: (i) first calculating
the Authority's weighted average cost of capital, plus two (2) percentage points; and (ii)
second multiplying the rate calculated in step (i), above, by the sum of the Plant Capacity
Charge per ERC for water and wastewater service. The product from step (ii), above,
represents the Debt Service Charge per ERC. Utility's staff shall review the Debt Service
Charge annually. Any recommended adjustments to the Debt Service Charge shall be clearly
identified and included in the Authority's proposed budget for the next fiscal year.
(18) "Deferred Capacity and Connection Charges" means and shall refer to
Utility's Capacity Charges, AWS Connection Charge, and Environmental Impact Charge, as
applicable to a specific Property being developed by an Applicant pursuant to the express
provisions of Paragraph 35 of the Service Availability Policy, see Attachment 1, which is
hereby incorporated by reference.
(19) "Distribution facilities" means the lines, pipes, meters, and appurtenant
facilities, of whatever type or nature, used to distribute water and/or reuse water to
Customers.
(20) "Effluent disposal facilities" means those wastewater facilities necessary to
detain, transmit, store, and dispose of wastewater previously treated at treatment facilities.
(21) "Environmental Impact Charge" means a fee or charge paid by an Applicant
to Utility for a Property which utilizes Utility's wastewater system but does not have or does
not utilize Utility's reclaimed water system.
(22) "Equivalent residential connection" or "ERC" means a factor used to convert a
given average daily flow (ADF) to the equivalent number of single family residential
connections.
(23) "Exhibit `A' means the attached previously published schedule of rates, fees,
and charges imposed by the Authority for the current fiscal year of operations, commencing
on October 1 of the current calendar year and ending on September 30 of the following
calendar year, which is hereby incorporated by reference.
9 CCUA RESOLUTION NO. 2023/2024-01
(24) "Fire Protection Capacity Charge" means a one-time initial capacity cost
recovery charge assessed to Customers who have fire lines or standpipes located upon or
within their premises or privately-owned hydrants maintained by Utility as set forth in
attached Exhibit"A".
(25) "Facilities" or "installations" means by way of illustration and not limitation,
all wells, equipment, fixtures, pumps, lines, mains, manholes, lift stations, pumping stations,
laterals, service connections, and any all appurtenances thereto together with all real
property, easements and rights-of-way necessary to provide water, reuse water and
wastewater service to property whether located on-site or off-site.
(26) "Inspection Fee" means the fee or cost assessed by Utility to Applicant for
Utility's inspector, inclusive of related expenses, costs and overhead, to be on the Property at
all times during all phases of construction to monitor and inspect the work of an outside
contractor on Utility facilities which are to be accepted, owned, and operated by Utility upon
completion of the project. See the Service Availability Policy, Attachment 1, which is
incorporated by reference.
(27) "Main Extension Charge" means a fee or charge collected by Utility from an
Applicant for the purpose of reimbursing previous Developer(s) or Utility for the cost of
extending collection and/or distribution facilities of the System, which Utility determines that
Applicant benefits from. "Main Extension, Water", or variations thereof, shall refer
specifically to that fee or charge with respect to Utility's potable water system, "Main
Extension, Wastewater" or "Main Extension, Sewer", or variations thereof, shall refer
specifically to that fee or charge with respect to Utility's wastewater or sewer system, and
"Main Extension, Reclaimed", or variations thereof, shall refer specifically to that fee or
charge with respect to Utility's reclaimed water system.
(28) "Meter" means a device used to measure water and reuse water delivered to
"point of delivery" by Utility.
(29) "Plan Review Fee" means a fee or charge assessed and paid by the Applicant
to Utility to fully reimburse Utility for its entire cost and expense incurred in reviewing the
plans prepared by the Applicant's design engineer, such cost to include all overhead
associated with such review and Utility's cost for a review engineer hired or contracted with
by Utility for such purpose.
(30) "Point of Delivery" means the designated point at which the Applicant's
Property is connected to Utility's water facilities, reclaimed water facilities and/or
wastewater facilities, which is typically the meter for water and reclaimed water service, and
the lot line for sewer service.
(31) "Private Fire Protection" means the existence of separate fire connections,
standpipes with hose attachments and automatic fire sprinkler systems which serve a
Customer.
(32) "Private Fire Protection Charge" means the fee or charge assessed to and paid
by Applicant to Utility for direct fire main stubs to an Applicant's Property for purposes of
internal fire sprinkler system to provide the availability of a specified G.P.M. of flow for fire
protection. This charge is imposed to assist Utility in providing the excess reserve plant
capacities required for the fire flow to an Applicant's Property. In instances where the
existing mains are not capable of carrying the fire flow requested, upon request Utility shall
provide an estimate of additional charges to alter the existing fire mains to accommodate
Applicant's fire flow requirements, and the additional charges for such alterations shall be
reimbursed by Applicant in addition to the Private Fire Protection Charge. (Refer to Service
Availability Policy, Attachment 1, Paragraph 22).
10 CCUA RESOLUTION NO. 2023/2024-01
(33) "Property" means the real property owned or controlled by an Applicant for
which water service capacity allocation, reuse water service capacity allocation, wastewater
service capacity allocation, or both, is requested.
(34) "Reclaimed Meter Installation Charge" means the fixed charge to be paid by
an Applicant for the reclaimed water meter and for installation of the reclaimed water meter
as set forth in Exhibit"A" attached hereto and made a part hereof Such charge only includes
the installation of the meter and stub-out pipe from the meter, and does not include any other
charges associated with the installation of other service or the charges associated with
tapping into the water main. To the extent a service installation is required to provide
Customer utility service, the charges for such installation, including the installation of the
reclaimed water meter, will be based on the estimated cost of the installation, regardless of
meter size. In no event shall such charge be less than the meter installation charges shown
above. The reclaimed water meter installation charges, and any such additional charges, are
due and payable at the time Customer makes an application for service.
(35) "Reclaimed Water" or "Reuse Water" means wastewater effluent that has
been appropriately treated and is suitable for a controlled irrigation use by and for
agricultural, commercial, residential, or industrial developments or other appropriate uses, or
any successor regulations thereto.
(36) "Recording Fee" means the Clerk of the Court's imposed recording fees,
documentary stamp taxes, and surcharge for electronic recording (i.e., "e-recording") of
documents in the public records of the county in which the Property is situated, for which the
Applicant shall be fully responsible. Typical recorded documents related to Utility service
are developer agreements between the Applicant or Developer and Utility, grants of
easements, quit claim deeds, right-of-way grants and agreements, notices, notices of lien,
releases, subordinations, amendments and/or supplemental agreements, and the like, which
documents may be required by Utility as a condition of new or continued service. Corrective
documents, required to be recorded due to no action or fault of the Applicant or the
Customer, shall be recorded at the cost of Utility. If land, easement, or right-of-way rights
are being purchased by Utility, the Executive Director of the Authority, subject to approval
by the Board of Supervisors of the Authority, shall have the right to negotiate as to which
party shall bear the Recording Fee, or components thereof
(37) "Service capacity" for water, reuse water or wastewater means the rate of flow
on an average daily basis measured in gallons per day, which can be handled according to a
water, reuse water or wastewater facilities design.
(38) "Service lines" means the pipes of Utility that are connected from the mains to
the Point of Delivery.
(39) "Service rates" or "Rates" means Utility's applicable schedules of rates and
charges for water, reuse water and wastewater services which may be in effect from time-to-
time.
(40) "Sewer" or "Wastewater" means a combination of any type of the water-
carried wastes from residences, business buildings, institutions, industrial establishments, any
and all other Customers' facilities, together with such ground, surface and storm waters as
may be present, but does not mean or include any hazardous or toxic wastes which may be
damaging to environmental health due to toxicity, ignitability, corrosivity, chemical
reactivity, radioactivity, or infectious characteristics.
11 CCUA RESOLUTION NO. 2023/2024-01
(41) "SJRWMD Black Creek Water Resource Development Project Surcharge" or
"SJRWMD Cost Recovery Charge" means the cost recovery charge to existing customers of
the Authority as of September 30, 2021, for the cost participation in the St. Johns River
Water Management District's (SJRWMD) Black Creek Water Resource Development
Project. The Authority's Board of Supervisors approved funding participation in the
SJRWMD's Black Creek Water Resource Development Project to address impacts to Lakes
Brooklyn and Geneva in Keystone Heights, Florida, attributed to existing customers' water
use.
(42) "SJRWMD Black Creek Water Resource Development Project Connection
Charge per ERC" means the cost recovery charge to future customers of the Authority after
September 30, 2021, for the cost participation in the SJRWMD Black Creek Water Resource
Development Project. The Authority's Board of Supervisors approved funding participation
in the SJRWMD's Black Creek Water Resource Development Project to address impacts to
Lakes Brooklyn and Geneva in Keystone Heights Florida, attributed to future customers'
water use.
(43) "Transmission lines" means those lines and appurtenance facilities used to
either transmit wastewater from the collection system to the Wastewater treatment plant to
the distribution system.
(44) "Utility" or "System" means the Clay County Utility Authority Water System,
Reuse Water System and Wastewater System as may be operated and controlled by the
Authority or its designee or assignee pursuant to Chapter 94-491, Laws of Florida, Special
Acts of 1994, which shall include the Pier Station Community Water System defined in Sec.
19-351 Clay County Code, but which shall not include the facilities serving the Food Lion
Warehouse Site (Bayard Facilities) which is owned by the County, and which is the subject
of an Operating and Maintenance Agreement between the County and the City of Green
Cove Springs, and all additions to Utility or the System from the October 1, 1994 effective
date of its enabling act.
(45) "Utility District" means the jurisdictional limits of the Authority as set forth
and defined in Chapter 94-491, Laws of Florida, Special Acts of 1994. For identification
purposes, that portion of the System originally acquired by the County from Kingsley Service
Company, together with any additions thereto, shall be designated the "Kingsley District";
that portion of the System originally acquired by the County from Clay Utility Company,
together with any additions thereto, shall be designated the "West Clay District" (formerly
known as the "Clay District"); that portion of the System originally acquired by the County
from Mid-Clay Service Corp. shall be designated the "Mid-Clay District", which shall also
include service to The Ravines PUD in Middleburg, and the Spencer development area.
Mid-Clay District shall further include the water service only users in what is commonly
known as the Lake Asbury residential area of Clay County, who may be billed at rates, fees
and charges different from those charged to other classes of users within the Mid-Clay
District; and that portion of the System transferred to the Authority by the County on October
1, 1994, known as the Pier Station Community Water System defined in Sec. 19-351 Clay
County Code, shall be designated the "Pier Station District", which shall be included with the
Kingsley District for rate purposes. The service territory acquired from Florida Water
Services Corporation, situate in Keystone Heights, Florida, a municipality, and in the
surrounding areas outside of that municipality, together with any additions thereto, shall be
subject to its own water rate schedule, and shall be known as the "Keystone District" or
"Keystone Water System" for that purpose, and shall be included in the Mid-Clay District for
purposes of wastewater rates.
(46) "Water Meter Installation Charge" means the charge imposed on each
Applicant for the water meter and for installation of the water meter as set forth in Exhibit
"A" attached hereto and made a part hereof Those charges only include the installation of
the meter, stub-out pipe from the meter and a backflow prevention device, and do not include
any other charges associated with the installation of other service and the charges associated
12 CCUA RESOLUTION NO. 2023/2024-01
with tapping into the water main. To the extent a service installation is required in order to
provide Customer utility service, the charges for such installation, including the installation
of the water meter will be based on the estimated cost of the installation, regardless of meter
size. In no event will such charge be less than the meter installation charges shown above.
The Water Meter Installation Charge, and any such additional charges, are due and payable at
the time Customer makes an application for service.
Any remaining capitalized term or non-capitalized term used more than once in this
Rate Resolution or any attachment, exhibit, or schedule thereto, shall have the meaning as
assigned to that term in the policy, writing, document, instrument, or agreement referenced,
or as the context may require.
SECTION 3. GENERAL TERMS AND CONDITIONS REGARDING WATER,
REUSE WATER AND WASTEWATER SERVICE.
(1) Signed Application Required. Water, reuse water and wastewater service
capacity may be furnished to new users who connect to the System after the date hereof only
after a signed application or agreement and payment of the applicable water, reuse water and
wastewater capacity charges are accepted by Utility. The conditions of such application or
agreement are binding upon Customer as well as upon Utility. A copy of the application or
agreement for water, reuse water and wastewater service accepted by Utility will be
furnished to the applicant on request. Applicant shall furnish to Utility the correct name and
street address or lot and block number at which water, reuse water and wastewater service is
to be rendered. If Applicant is one or more natural persons, Applicant shall also provide
Utility with Applicant's date of birth and shall be requested to verify its Social Security
Number in a manner prescribed by Utility that ensures confidentiality of the entire Social
Security Number, but the last four (4) digits of Applicant's Social Security Number shall be
retained by Utility if and as provided by Applicant. An Applicant other than one or more
natural persons shall be required to provide its entire Taxpayer Identification Number, which
may be retained in its entirety by Utility.
(2) Withholding Service. Utility may withhold or discontinue water, reuse water
and/or wastewater service rendered under application made by any member or agent of a
household, organization, or business unless all prior indebtedness to Utility of such
household, organization, or business for water, reuse water and wastewater service has been
settled in full in accordance with Utility policy. Service may also be discontinued for any
violation made by Customer of any rule or regulation set forth in this Rate Resolution.
(3) Limitation of Use. Water, reuse water and wastewater service purchased from
Utility shall be used by Customer only for the purposes specified in the application for water,
reuse water and wastewater service. Without limiting the generality of the foregoing, use of
wastewater service from Utility shall be subject to the provisions of the Authority's
Pretreatment Policy, as set forth in Authority Resolution No. 1997/1998-11, duly adopted
June 16, 1998, which, as the same may be amended from time to time, is on file with the
Recording Secretary for the Authority and is available for review during normal business
hours of the Authority.
(4) Continuity of Service. Utility will at all times use reasonable diligence to
provide continuous water, reuse water and wastewater service, and having used reasonable
diligence, shall not be liable to Customer for failure or interruption of continuous water,
reuse water and wastewater service. Utility shall not be liable for any act or omission caused
directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns
for emergency repairs or adjustments, acts of sabotage, governmental interferences, illegal or
improper cross-connections with other water systems, wastewater systems, reuse systems,
wells, septic tanks or drain fields, or Customer or other third-party facilities or apparatus, acts
of God or other causes beyond its control.
13 CCUA RESOLUTION NO. 2023/2024-01
(5) Type of Maintenance. Customer's pipes, apparatus and equipment shall be
selected, installed, used, and maintained in accordance with standard practice and shall
conform to the rules and regulations of Utility. Utility shall not be responsible for the
maintenance and operation of Customer's pipes and facilities. Customer expressly agrees not
to utilize any appliance or device, including without limitation any water filters, pumps,
wells, septic tanks, storage tanks or drain fields, which is not properly constructed,
controlled, and protected, or which may adversely affect water, reuse water or wastewater
service provided by Utility. Utility reserves the right to discontinue or withhold water, reuse
water and wastewater service to such apparatus or device.
(6) Change of Customer's Installation. No changes or increases in Customer's
installation, which will materially affect the proper operation of the pipes, mains, or stations
of Utility, shall be made without written consent of Utility. Customer shall be liable for any
change resulting from a violation of this rule.
(7) Protection of Utility's Property. Customer shall exercise reasonable diligence
to protect Utility's property on Customer's premises and shall knowingly permit no one, but
Utility's agent or persons authorized by law, to have access to Utility's pipes and
appurtenances. In the event of any loss or damage to property of Utility or to property of any
other Customer of Utility caused by or arising out of carelessness, neglect, or misuse by
Customer (including without limitation any illegal or improper cross-connections), or due to
any digging or excavation by Customer or its agents, employees, property management
company, and/or independent contractors hired by Customer or its agents, employees and/or
property management company, the cost of making good such loss or repairing such damage
shall be paid by the responsible Customer. Demand for the responsible Customer to pay the
cost of such loss or repair of damage shall be made by Utility either (i) in a separate writing
mailed to Customer at Customer's service address or (ii) added to the responsible Customer's
bill for water or wastewater service. Water, reuse water and/or wastewater service to the
location of Customer from which such loss or damage arose may be discontinued until the
cost of such loss or damage is paid in full by Customer to Utility.
(8) Access to Premises. The duly authorized agents of Utility shall have access at
all reasonable hours to the premises of Customer for the purpose of installing, maintaining,
inspecting, or removing Utility's property of the performance under or termination of Utility's
agreement with Customer and neither Utility nor its agents shall be liable for trespass in such
instance.
(9) Billing Periods. Bills for water service will be rendered monthly, shall
become due when rendered and shall be considered as received by Customer when delivered
or mailed to the water service address or some other place mutually agreed upon. Non-
receipt of bills by Customer shall not release or diminish the obligation of Customer with
respect to payment thereof. Monthly bills, and Utility's tiered rate system structure, will be
based on a 30-day billing cycle. However, both long and short billing periods are permitted
by Utility and will be adjusted as to volume allowances within Utility's tiered rate system
structure based on the ratio of actual number of days in a given billing cycle to the base 30-
day period. The adjustment ratio is then applied to the tier 1 value allowance (6 thousand
gallons, or 6 KGAL) to determine the adjusted volume allowance. For an example of a long
period adjustment, assume the actual billing period is 45 days; the tier 1 usage volume
allowance is 9 KGAL [(45/30) x 6 = 9]. The short period adjustment is calculated in the
same manner; assume the actual billing period is 15 days; the tier 1 usage volume allowance
is 3 KGAL [(15/30) x 6 = 3]. Subsequent tiers (i.e., tiers 2, 3 and 4) will also be adjusted
using a corresponding volume allowance adjustment in relationship to the base 30-day billing
cycle. Utility's Customer Service Department will develop and make available to
Customer's detailed examples of the mathematical application of this period adjustment
factor in practice.
14 CCUA RESOLUTION NO. 2023/2024-01
(10) Delinquent Bills. Bills are due when rendered and become delinquent if not
paid within twenty (20) days from the invoice date. Water, reuse water and wastewater
service may then be discontinued only after a written notice of the delinquency in payment
has been mailed or presented to Customer at least five (5) working days prior to
disconnection. Water, reuse water and wastewater service shall be restored only after Utility
has received payment for all past-due bills late payment fees and reconnect charges from
Customer. There shall be no liability of any kind against Utility for the discontinuance of
water, reuse water and wastewater service to a customer for that Customer's failure to pay the
bills on time. Partial payment of a bill of the water, reuse water and wastewater service
rendered will not be accepted by Utility, except in the case of Utility's express agreement
thereto.
(11) Non-payment of Flat-Rate Sewer Accounts. Customers with flat-rate sewer
accounts will be charged a service charge to cover the collection costs for non-payment as set
forth in Exhibit"A" attached hereto and hereby incorporated by reference.
(12) Payment of Water, Reuse Water and Wastewater Service Bills Concurrently.
When one or more of water, reuse water and wastewater service are provided by Utility,
payment of any service bill rendered by Utility to a Customer shall not be accepted by Utility
without simultaneous or concurrent payment of all service bills rendered by Utility. Utility
may discontinue water service, reuse water service and/or wastewater service to Customer's
premises for non-payment of any service bill or if all payments are not made concurrently.
Utility shall not reestablish or reconnect wastewater service, reuse water service and/or water
service until such time as all outstanding service bills and charges are paid in full.
(13) Lien to Secure Payment. In order to evidence the future responsibility for the
payment of rates, fees, and/or charges owed or to be owed to Utility under a Developer
Agreement or other contract or agreement for Utility service, or in the event that a Customer
fails to timely pay when due any installment of a special assessment or other contracted for
payment, charge or fee, which is required pursuant to any Developer Agreement, the Rate
Resolution or Utility's Service Availability Policy, then Utility may, in the discretion of the
Executive Director or his/her designee, file notice of the Authority's statutory and contractual
lien against the Customer's interest in the Property, which is served by Utility pursuant to
such Developer Agreement or other applicable agreement, with the Clerk of the Circuit Court
in the Official Records maintained for the County in which the subject Property is situated. If
the installment, payment or other charge is then past due, the Customer shall be responsible
for a lien process charge and recording fees which will be collected at the time the delinquent
balance is paid. In the event that the lien once filed is not satisfied in full within one (1) year
of the later of(i) the date of its initial filing in the Official Records or (ii) the amount secured
thereby becoming past due, then upon the approval of the Board of Supervisors of the
Authority, such lien may be foreclosed by Utility in the manner provided by applicable law.
Such lien shall secure, and the Customer shall be responsible for all interest, attorney's fees
and costs with respect to such unpaid amounts, under Chapter 94-491, Laws of Florida,
Special Acts of 1994. The Customer & Public Relations Manager of the Authority may
implement such informal processes and procedures as may be informally approved from time
to time by the Board of Supervisors of the Authority as may be necessary or helpful to
implement the provisions of this Section 3.(13).
(14) Golden Opportunities Plan. Notwithstanding any contrary provision
contained herein, any Customer who is retired, on a limited, fixed income, and 62 years of
age or older, which reasonably impairs the ability of the Customer to timely pay its current
service bill(s) to Utility as the same become due, may apply for payment of water, reuse
water and/or wastewater service bills under the Authority's "Golden Opportunities Plan"
(herein so called). All plan applicants must meet the reasonable requirements for plan
admission as established from time to time by the Executive Director, which at a minimum
shall include completion and submission of a signed, written application to participate in the
Golden Opportunities Plan, and proof of age of the applicant (i.e., either a photocopy of birth
certificate or driver's license). Applications may be completed in person at the Authority's
15 CCUA RESOLUTION NO. 2023/2024-01
main office, mailed to the Authority at any time, or submitted with the Customer/applicant's
next water, reuse water and/or wastewater service bill payment. The Authority reserves the
right to deny any application to participate in the Golden Opportunities Plan. Upon admission
to the Golden Opportunities Plan, the Customer/plan participant is provided with an
extension of twenty-one (21) days beyond the due date applicable to non-plan Customers
within which to pay their current water and/or wastewater service bill. If payment in full is
not received by the end of such twenty-one (21) day period, then a late charge will be added
to the Customer/plan participant's water, reuse water and/or wastewater service bill, and the
total delinquent account shall be assigned for collection to the Authority's customer service
department for immediate collection or disconnection. Service charges for non-payment
shall be imposed as set forth in Exhibit "A" attached hereto and hereby incorporated by
reference for any disconnection and for reconnection.
(15) Disability Assistance Plan. Notwithstanding any contrary provision
contained herein, any Customer who is permanently disabled, on a limited, fixed, income,
which reasonably impairs the ability of the Customer to timely pay their current service
bill(s) to Utility as the same become due, may apply for payment of water, reuse, water
and/or wastewater service bill under the Authority's "Disability Assistance Plan" (herein so
called). All plan applicants must meet the reasonable requirements for plan admission as
established from time to time by the Executive Director, which at a minimum shall include
completion and submission of a signed, written application to participate in the Disability
Assistance Plan, and proof of permanent disability of the applicant (i.e., Benefit Verification
Statement/ Form TPQY from Social Security Administration). Applications may be
completed in person at the Authority's main office, mailed to the Authority at any time, or
submitted with the Customer/applicant's next water, reuse water, and/or wastewater service
bill payment. The Authority reserves the right to deny any application to participate in the
Disability Assistance Plan Upon admission to the Disability Assistance Plan, the
Customer/plan participant is provided with an extension of twenty-one (21) days beyond the
due date applicable to non-plan Customers within which to pay their current water and/or
wastewater service bill. If payment in full is not received by the end of such twenty-one (21)
day period, then a late charge will be added to the Customer/plan participant's water, reuse
water and/or wastewater service bill, and the total delinquent account shall be assigned for
collection to the Authority's Customer Service Department for immediate collection or
disconnection. The currently adopted charges for nonpayment shall be imposed subsequent
to disconnection of service for cause, including delinquency in payment.
(16) Change of Occupancy. When a change of occupancy takes place on any
premises supplied by Utility with water, reuse water and wastewater service, written notice
thereof shall be given at the office of Utility not less than three (3) days prior to the date of
change by the outgoing Customer. The outgoing Customer shall be held responsible for all
water, reuse water and/or wastewater service rendered on such premises until such written
notice is so received by Utility and Utility has had reasonable time to discontinue the water,
reuse water and/or wastewater service. However, if such written notice has been received,
the application of such a succeeding occupant for water, reuse water and wastewater service
will automatically terminate the prior account. Customer's prepaid base facility charge may
be transferred from one service location to another, if both locations are supplied water, reuse
water and/or wastewater service by Utility, as applicable to such service(s) being provided to
the service locations. Customer's prepayment may not be transferred from one name to
another. Notwithstanding the above, Utility will accept telephone orders, for the
convenience of its Customers, to discontinue or transfer water, reuse water and wastewater
service from one service address to another and will use reasonable diligence in the execution
thereof. However, oral orders or advice shall not be deemed binding or be considered formal
notification to Utility.
16 CCUA RESOLUTION NO. 2023/2024-01
(17) Unauthorized Connections. Connections to Utility's water, reuse water and
wastewater system for any purpose whatsoever are made only by employees of Utility. Any
unauthorized connections to Customer's water, reuse water or wastewater service shall be
subject to immediate discontinuance without notice. Water, reuse water and wastewater
service shall not be restored until such authorized connections have been removed and until
settlement is made in full to Utility for all water, reuse water and wastewater service
estimated by Utility to have been used by reason of such unauthorized connection. Without
limiting the generality of the foregoing, this provision also shall apply to illegal or improper
cross-connections of other water systems, wastewater systems, reuse systems, wells or
Customer or other third-party facilities or apparatus to Utility's water, reuse water and/or
wastewater system.
(18) Adjustment of Bills. When a Customer has been overcharged or
undercharged as a result of an incorrect application, the application of an incorrect rate
schedule, incorrect reading of a water meter, reuse water meter, or other similar reasons, the
amount may be credited or billed to Customer in accordance with the policies of Utility.
Utility may adjust a Customer's bill to correct errors resulting from inaccurate water and
reuse water meters. Utility shall determine a meter's accuracy based upon acceptable
accuracy limits normally adhered to by water, reuse water and/or wastewater service
providers. Utility shall refund to a Customer overcharges, or may bill a Customer for
undercharges, which have arisen as a result of a meter registering outside of acceptable
accuracy limits. Excess amounts billed to Customers in error due to inaccurate meters shall
be refunded to Customers, said refund to be limited to one-half the period since the last meter
test, said one-half period not to exceed six (6) months. Utility may refund any overcharge
resulting from an inaccurate meter if the period during which the overcharge occurred can be
reasonably and accurately ascertained. In no event shall a refund include any part of any
minimum charge. Utility may bill a Customer for any undercharge caused by an inaccurate
meter, said amount to be limited the unbilled amount for one-half the period since the last
meter test, said one-half period not to exceed six months. Utility may bill any undercharge
resulting from an inaccurate meter if the period during which the undercharge occurred can
be reasonably and accurately ascertained. In the event of a non-registering meter, a
Customer may be billed on an estimate based upon previous bills for similar usage, such
estimate based to apply only to the current billing period. Utility may bill a Customer for
unauthorized use based upon a reasonable estimate of the service taken.
(19) Customer Account Adjustment Policy. Notwithstanding anything contained
herein to the contrary, a Customer may appeal any bill, adjustment or refusal of Utility staff
to make an adjustment, to the Board of Supervisors or to Utility staff, pursuant to the
provisions of, as permitted by, and in accordance with the procedures set forth in, Utility's
separate Customer Account Adjustment Policy, which was originally adopted by Utility's
Board of Supervisors as Resolution No. 2000/2001-04 on November 8, 2000, as the same
may be amended from time to time, which is on file with the Recording Secretary for the
Authority and is available for review during normal working hours of the Authority, and
which, as most then recently amended, is hereby incorporated by reference.
(20) Refund checks. Refund checks on an account may only be issued to: (i) the
active Customer of record for the account; (ii) the Personal Representative of the estate for
the Customer, if the Customer is deceased; or (iii) if a Customer is deceased and has a
surviving spouse benefitting from the service, the surviving spouse shall be entitled to
transfer the service and corresponding Customer deposit to his/her own name as the survivor.
Should the name change never occur and the surviving spouse becomes deceased, a refund
check may be issued to the Personal Representative of the surviving spouse's estate. The
Personal Representative must provide proof of being appointed by the Court as Personal
Representative for the estate.
17 CCUA RESOLUTION NO. 2023/2024-01
SECTION 4. WATER SYSTEM RATE SCHEDULE.
(1) Schedule. The Board of Supervisors of the Authority hereby adopts the water
system rate schedule set forth herein. The rates, fees and charges in the following schedule
shall apply to each Customer of the water system beginning with the charges payable by
Customer in connection with the first reading of Customer's water meter by Utility or the first
billing by Utility after Utility acquires title to the water system. The base facility charge
shall be billed and collected in advance. The gallonage charge shall be billed and collected
in arrears. The water system monthly rate schedule is set forth on Exhibit "A", which is
attached hereto and hereby incorporated by reference.
(2) Bulk Water Rates. Bulk or wholesale water rates shall be calculated to reflect
Utility's cost of providing water to those entities entering into an agreement with Utility.
Such rates will be determined on an individual basis by Utility.
(3) Interrupted Service. Any Customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period of interruption.
Any Customer who attempts to circumvent this charge by closing their account at time of
temporary departure and then returning as a new Customer will be held liable for the Base
Facility Charge during the disconnected period of time. The payment of the Base Facility
Charge will be made monthly in advance.
(4) Seasonal Rate. Any Customer who requests that service be interrupted on a
temporary basis exceeding one full month will be charged a seasonal rate. The Seasonal Rate
charged will be equal to the Base Facility Charge referenced above.
(5) Terms of Payment. Bills are due and payable when rendered and become
delinquent if not paid within twenty (20) days. Service may be discontinued for nonpayment
after five (5) working days written notice. The application of this Section 4.(5) is subject to
Sections 3.(13) and 3.(14), above, for approved and registered participants in the Authority's
Golden Opportunities Plan or Disability Assistance Plan.
(6) Annual Index Adjustment. The Board of Supervisors of the Authority hereby
authorizes and approves an automatic annual rate adjustment applicable to all water rates,
fees and charges for utility services as necessary to provide for increases in expenses due to
inflation or other such factors, so as to always ensure adequate net revenues from existing
ERC's that will pay for inflationary increases in operation and maintenance of the system and
to provide all debt service coverage requirements of Utility. The automatic annual rate
adjustment factor shall be calculated based upon the net increase in the operating and
maintenance budget as follows: (i) Personnel Services; (ii) Operational Expenses; and (iii)
Operating Capital Expenses. The automatic index adjustment shall be determined on an
annual basis and shall become effective October 1st of each fiscal year. Annual index
adjustments shall not exceed the consumer price index as published by the University of
Florida, Bureau of Economic and Business Research (Jacksonville Region) or another price
index factor adopted by the Board.
(7) Alternative Water Supply("AWS") Policy and Initiative. It is the intent of the
Authority to develop Alternative Water Supply ("AWS"), as defined above, in order to
ensure a sustainable supply of safe and available potable water for the Authority's current
and anticipated future customers. This AWS policy and initiative supplements the
Authority's Service Availability Policy, attached below as Attachment 1 hereto, for the
purpose of establishing a fair and equitable assessment and imposition of AWS Surcharge
and AWS Connection Charge to fund the development and implementation of AWS
infrastructure costs and expenses, as further described below. This AWS policy and
initiative by Utility is necessary to address AWS requirements from the St. Johns River
Water Management District ("SJRWMD"), the Sewanee River Water Management District
("SRWMD"), and the Florida Depaitiuent of Environmental Protection ("FDEP"), associated
with Minimum Flows and Levels ("MFL"), and North Florida Regional Water Supply
18 CCUA RESOLUTION NO. 2023/2024-01
Planning. This AWS policy and initiative is also necessary in order to put Utility in the best
position possible to research, design, and construct AWS infrastructure necessary to provide
current and anticipated future ratepayers of the Authority with a sustainable potable water
supply. Budget restraints and financial feasibility will remain key considerations at each
phase of AWS development and implementation.
The initial funding for AWS will be accomplished by the AWS Surcharge that will be
on every customer's monthly potable water bill, and the AWS Connection Charge that will
be added to every new potable water connection.
The AWS Surcharge will fairly and equitably apportion the cost of development of
AWS infrastructure over the Authority's potable water utility system ratepayers. The
funding generated from the AWS Surcharge will be segregated and restricted in the AWS
Surcharge Fund, and will only be used for AWS infrastructure costs and expenses, as further
described below.
The funding generated from the AWS Connection Charge will be segregated and
restricted in the AWS Connection Charge Fund, and will only be used for the development of
AWS infrastructure costs and expenses, as described below, attributable to and in
anticipation of the impact of new growth of the Authority's water system on demand for
potable water supply and resulting dependence on the creation and development of AWS,
over and above the demand thereof resulting from the Authority's existing potable water
customers.
A report entitled "Reclaimed Water Deficit & Augmentation of Reclaimed Water
System Projection Study on Long Term Water Supply" (December 2014, page 3), which is
on file with the Authority, and has been relied on for purposes of the initial calculation and
implementation of the AWS Surcharge and the AWS Connection Charge. Costs and
expenses associated with development of AWS infrastructure includes, but is not limited to,
feasibility studies, evaluations, land acquisition, property entitlements, design, permitting,
construction, testing, and implementation of AWS for the Authority.
Utility's Capital Reserve Strategy anticipates additional needed funding to support
other AWS infrastructure project expenditures. The Authority will initiate additional
feasibility studies to further define those additional AWS infrastructure project initiatives,
which will be presented for the Authority's Board of Supervisors' consideration and action
from time to time. The future funding needs for AWS will also depend upon grant funding
that may be available and possible joint jurisdictional agency participation.
The AWS Surcharge, The AWS Connection Charge, and actual vs. estimated costs
and expenses of AWS, and specifically Storm Water Harvesting Project costs and expenses,
will be evaluated annually. A report on the development of AWS as well as adequacy or
need to change the AWS Surcharge or AWS Connection Charge will be presented to the
Board of Supervisors by July 1 each fiscal year. Any recommended changes to the AWS
Surcharge or the AWS Connection Charge will be placed in CCUA's annual budget and
presented at the Annual Public Rate Hearing for further consideration and action by the
Authority's Board of Supervisors.
SECTION 5. WASTEWATER SYSTEM RATE SCHEDULE.
(1) Schedule. The Board of Supervisors of the Authority hereby adopts the
wastewater system rate schedule set forth herein. The rates, fees and charges in the
following schedule shall apply to each customer of the wastewater system beginning with the
charges payable by Customer in connection with the first reading of Customer's water meter
by Utility or the first billing by Utility after Utility acquires title to the wastewater system.
The base facility charge shall be billed and collected in advance. The gallonage charge shall
be billed and collected in arrears. The wastewater system monthly rate schedule is attached
hereto as Exhibit"A" and hereby incorporated by reference.
19 CCUA RESOLUTION NO. 2023/2024-01
(2) Bulk Wastewater Rates. Bulk or wholesale wastewater rates shall be
calculated to reflect Utility's cost of providing wastewater service to those entities entering
into an agreement with Utility. Such rates will be determined on an individual basis by
Utility.
(3) Interrupted Service. Any Customer who requests that service be interrupted
any length of time will pay the Base Facility Charge during that period of interruption. Any
Customer who attempts to circumvent this charge by closing their account at time of
temporary departure and then returning as a new Customer will be held liable for the Base
Facility Charge during the disconnected period of time. The payment of the Base Facility
Charge will be made monthly in advance.
(4) Seasonal Rate. Any Customer who requests that service be interrupted on a
temporary basis exceeding one full month will be charged a seasonal rate. The Seasonal Rate
charged will be equal to the Base Facility Charge referenced above.
(5) Terms of Payment. Bills are due and payable when rendered and become
delinquent if not paid within thirty (30) days. Service may be discontinued for nonpayment
after five (5) working days' written notice. Such notice shall be separate and apart from any
bill for service. The application of this Section 5.(5) is subject to Sections 3.(13) and 3.(14),
above, for approved and registered participants in the Authority's Golden Opportunities Plan
or Disability Assistance Plan.
(6) Annual Index Adjustment. The Board of Supervisors of the Clay County
Utility Authority hereby authorizes and approves an automatic annual rate adjustment
applicable to all wastewater rates, fees and charges for utility services as necessary to provide
for increases in expenses due to inflation or other such factors, so as to always ensure
adequate net revenues from existing ERC's that will pay for inflationary increases in
operation and maintenance of the system and to provide all debt service coverage
requirements of Utility. The automatic annual rate adjustment factor shall be calculated
based upon the net increases in the operating and maintenance budget as follows: (i)
Personnel Services; (ii) Operational Expenses; and (iii) Operating Capital Expenses. The
automatic index adjustment shall be determined on an annual basis and shall become
effective on October Pt of each fiscal year. Annual index adjustments shall not exceed the
consumer price index as published by the University of Florida, Bureau of Economic and
Business Research (Jacksonville Region) or another price index factor adopted by the Board.
SECTION 6. REUSE WATER POLICY AND SYSTEM RATE SCHEDULE.
(1) Policy. A portion of Utility's system generates highly treated reclaimed water
(or "reuse water") suitable for controlled irrigation use by and for agricultural, commercial,
residential or industrial developments or other appropriate uses. Treatment and distribution
of reuse water is regulated by the FDEP, pursuant to applicable state law and regulations. All
developments and property subject to Utility's Reuse Policy, originally adopted by
Resolution 1997/1998-07, and amended and restated by Resolution No. 1997/1998-10, which
policy is hereby incorporated by reference, shall be subject to the mandatory installation and
use of reclaimed water facilities, and the Customers of such developments shall be subject to
the payment of the retail reclaimed water rates and charges set forth in Section 6.(2), below.
Resolution No. 1997/1998-07 and Resolution No. 1997/1998-10, as the same may be
amended from time to time, are on file with the Recording Secretary for the Authority and
are available for review during normal Authority operating hours. Other developments may
elect to optionally install reuse lines and shall reserve reuse water capacity by entry into an
Effluent Reuse Agreement or bulk rate service agreement for reuse water with Utility
outlining the terms, conditions and obligations under which such service will be provided.
20 CCUA RESOLUTION NO. 2023/2024-01
(2) Schedule. The Board of Supervisors of the Authority hereby adopts the reuse
water system rate schedule set forth herein. The rates, fees and charges in the following
schedule shall apply to each customer of the reuse water system beginning with the charges
payable by Customer in connection with the first reading of Customer's water meter by
Utility or the first billing by Utility after Utility acquires title to the water system. The base
facility charge shall be billed and collected in advance. The gallonage charge shall be billed
and collected in arrears. The reuse water system monthly rate schedule is set forth on Exhibit
"A" and is hereby incorporated by reference.
(3) Bulk Reclaimed Water Rates. Bulk or wholesale reuse water rates shall be
calculated to reflect Utility's cost of providing water to those entities entering into an
agreement with Utility. Such service shall be master metered for further distribution by the
contracting party to the ultimate user. The bulk or wholesale reuse water rates shall be as set
forth on Exhibit"A" and is hereby incorporated by reference.
(4) Additional fees, charges, credits, surcharges, and rates. In addition to the
foregoing, all Customers and Applicants shall be subject to the Service Availability charges,
credits, surcharges, rates and fees applicable to Utility's reuse system, as set forth in Utility's
Reuse Policy, including without limitation the reuse water system credit provided to a
Customer who develops a single family residential development which uses Utility's reuse
water system throughout, the reuse meter installation credit provided to a Customer who
builds and installs on site irrigation systems and connect to Utility's reuse water system, and
the surcharge for development of Utility's reuse water system, which is applicable to all
developments which do not install piping for use of Utility's reuse water system throughout,
all as set forth in attached Exhibit"A' .
(5) Interrupted Service. Any Customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period of interruption.
Any customer who attempts to circumvent this charge by closing their account at time of
temporary departure and then returning as a new customer will be held liable for the Base
Facility Charge during the disconnected period of time. The payment of the Base Facility
Charge will be made monthly in advance.
(6) Seasonal Rate. Any Customer who requests that service be interrupted on a
temporary basis exceeding one full month will be charged a seasonal rate. The Seasonal Rate
charged will be equal to the Base Facility Charge referenced above.
(7) Terms of Payment. Bills are due and payable when rendered and become
delinquent if not paid within twenty (20) days. Service may be discontinued for nonpayment
after five (5) working days' written notice. The application of this Section 6.(7) is subject to
Sections 3.(13) and 3.(14), above, for approved and registered participants in the Authority's
Golden Opportunities Plan or Disability Assistance Plan.
(8) Annual Index Adjustment. The Board of Supervisors of the Clay County
Utility Authority hereby authorizes and approves an automatic annual rate adjustment
applicable to all reuse water rates, fees and charges for utility services as necessary to
provide for increases in expenses due to inflation or other such factors, so as to always ensure
adequate net revenues from existing ERC's that will pay for inflationary increases in
operation and maintenance of the system and to provide all debt service coverage
requirements of Utility. The automatic annual rate adjustment factor shall be calculated
based upon the net increase in the operating and maintenance budget as follows: (i)Personnel
Services; (ii) Operational Expenses and (iii) Operating Capital Expenses. The automatic
index adjustment shall be determined on an annual basis and shall become effective October
1st of each fiscal year. Annual index adjustments shall not exceed the consumer price index
as published by the University of Florida, Bureau of Economic and Business Research
(Jacksonville Region) or another price index factor adopted by the Board.
21 CCUA RESOLUTION NO. 2023/2024-01
SECTION 7. MISCELLANEOUS CHARGES.
(1) Initial Connection. There shall be a charge for service initiation at a location
where service did not exist previously, as set forth in attached Exhibit"A".
(2) Normal Reconnection. There shall be a charge for transfer of service to a new
customer account at the same location or reconnection of service subsequent to a customer
requested disconnection, as set forth in attached Exhibit"A".
(3) Violation Reconnection. There shall be a charge for reconnection subsequent
to disconnection of service for cause including a delinquency in bill payment, as set forth in
attached Exhibit "A". If a customer has wastewater service only, the violation reconnection
charge will be the actual cost of discontinuing and restoring service. In such an instance,
these Customers shall be sent an estimate of the cost to discontinue and restore service along
with the notice of discontinuance of service.
(4) Premises Visit Charge (In Lieu of Disconnection or in addition to Cross-
Connection Charges). There shall be a charge as set forth in attached Exhibit "A" in the
event a service representative visits a Customer's premises for the purpose of discontinuing
service for nonpayment of a due and collectible bill and does not discontinue service because
Customer pays the service representative or otherwise makes satisfactory arrangements to
pay the bill.
(5) After Hours or Same Day Premises Visit Surcharge. There shall be an
additional surcharge as set forth in attached Exhibit "A" for any after-hours premises visit
under any other subsection of this Section 7, or for any same day service requested by
Customer.
(6) Cross-Connection Charges. In addition to all other charges provided for
herein, any Customer responsible for creating or maintaining an illegal or improper cross-
connection of any water systems, wastewater systems, reuse water systems, wells, septic
tanks or drain fields, or other Customer or third party facilities or apparatus, to Utility's
water, reuse water and/or wastewater system, shall be responsible for any and all damages
resulting therefrom to Utility's water, reuse water and/or wastewater system(s), or to any
other Customer's or Property Owner's property or facilities, and shall bear all cost and
expense of testing and restoring any facilities or service affected or threatened by such cross-
connection. Any such amounts due hereunder shall be paid to the Authority immediately
upon demand, and if not paid upon demand, the responsible Customer shall be subject to the
full range of rights and remedies available to the Authority for collection of unpaid Customer
accounts.
(7) Returned Check Charge. There shall be a charge as allowed under section
68.065, Florida Statutes, for each check returned to Utility as a result of insufficient or non-
collective funds. The fee shall be as set forth in attached Exhibit "A" for each returned check
received by Utility. Customer will also be assessed additional service charges for
notification and for disconnection resulting from the returned check in accordance with
attached Exhibit"A".
Notwithstanding the foregoing, the Executive Director, or his/her designee, may
waive the returned check service charge requirement for Customers that have received
notification that their ACH payment has been returned due to an incorrect routing or account
number provided at the time payment was made. The Customer must meet all of the
following criteria to be eligible for this one-time only courtesy waiver of this charge:
(a) The Customer has had residential or commercial service with the Authority
for at least five (5) consecutive years;
22 CCUA RESOLUTION NO. 2023/2024-01
(b) The Customer has not had a credit related service interruption or a late
payment for at least five (5) consecutive years; and
(c) The ACH payment was returned only as a result of the Customer providing
the incorrect routing or account number at the time payment was made. If the Customer's
attempted payment is returned for insufficient funds or a stopped payment, the returned
check service charge may not be waived under this policy.
If, in the opinion of the Executive Director, or his/her designee, the Customer satisfies
the above conditions, then the Executive Director, or his/her designee, is authorized to waive
the applicable service charge as a one-time only courtesy to the Customer.
(8) Customer Deposits. It is the policy of Utility to require Customers of the
System to pay the base facility charge portion of their service fees in advance to the next
billing date. In addition, Utility shall require additional security for the payment of the
services it renders for all new accounts, including transfers, and existing accounts that
become delinquent and require a field visit. The security deposit amount applicable for water
Customers shall be as set forth in Exhibit "A" for Customers verifying its Social Security
Number (Note: date of birth verification is also required for a Customer who is one or more
natural persons), and as separately set forth in Exhibit "A" for Customers not providing a
Social Security Number. The security deposit amount applicable for wastewater Customers
shall be as set forth in Exhibit"A" for Customers providing a Social Security Number, and as
separately set forth in Exhibit "A" for Customers not providing a Social Security Number.
An additional deposit will be required for accounts that become delinquent twice within one
(1) calendar year. The additional deposit will be the equivalent of the Customer's current
deposit on hand. For purposes of determining security deposit amounts, ERCs (Equivalent
Residential Connections) shall be determined based on American Water Works meter size
equivalent factor.
Septage Haulers Disposal Deposit Policy. Utility will require a security deposit for
the payment of domestic waste disposal service it renders as follows:
(a) All new Customers will be required to pay an initial minimum deposit on
25,000 gallons at the current rate. Payment will be due in 15 days from billing date. Billing
will be done biweekly. Once a payment is delinquent, disposal authorization will cease until
the account is in good standing and the deposit is confirmed to be reasonable to cover the risk
of nonpayment.
(b) An existing Customer which does not have a deposit with Utility and which
becomes delinquent shall be required to pay a deposit based on that Customer's average of
12-month history at current rates.
(c) In accordance with Utility's Miscellaneous Receivable Policy, below, deposits
shall be applied to delinquent balances before turning the account over to collections.
(d) If an account has been turned over to collections and that Customer wishes to
continue doing business with Utility, Utility shall require payment in full of the delinquent
balance, including collection agency fees, along with an additional deposit which will be the
greater of(i) twice that account's average billing with a minimum of 12-month history or (ii)
twice the estimated monthly billing,but never less than the 25,000 gallons at current rates.
(e) Interest will be paid on deposits held at least 6 months. The interest rate shall
be determined annually based on the average interest earned.
Fire Hydrant Meter Deposit. Utility shall impose a hydrant meter deposit based on its
then current Fire Hydrant Policy, as amended from time to time. The current hydrant meter
deposit amounts are set forth in attached Exhibit"A".
23 CCUA RESOLUTION NO. 2023/2024-01
Utility shall credit or pay the Customer's account interest at an annual interest as set
forth in Exhibit"A" for deposits held at least six months. Cash or equivalent will be the only
acceptable methods of deposit. However, the Executive Director of the Authority is
authorized to accept, in the Executive Director's reasonable discretion, an assignment of a
bank account, certificate of deposit or other recognized security, in face amount equal to the
monetary amount required to be deposited. The security deposit will be credited or refunded
along with accrued interest, if any, on the Customer's final bill, after discontinuance of
service.
Auto Debit Program. Notwithstanding anything contained herein to the contrary, the
Executive Director or his/her designee is authorized to offer incentives to qualifying
Customers to create online accounts to ensure the timely payment of incurred rates, fees, and
charges payable to Utility without interruption, and who enroll in Utility's "Auto Debit
Program." The purpose of this program is to offer a waiver of the otherwise applicable
service re-connection service charge (i.e., additional security deposit due to nonpayment
event) for Customers who have had their residential service with Utility interrupted if the
Customer (i) has had residential service with Utility for at least 5 years, (ii) has not had a
credit related service interruption episode or a late payment for at least 5 years, and (iii) can
demonstrate extenuating or unusual circumstances surrounding the reason(s) why the original
utility bill was not paid on a timely basis. In addition, Customers not meeting the criteria of
having the security deposit waived above shall still qualify to sign a "Promise Pay
Agreement" in the form prescribed by the Executive Director or his/her designee, allowing
twenty (20) extra days to pay the deposit charged as a result of a nonpayment.
(9) Miscellaneous Receivable Policy.
(a) A Miscellaneous Receivable Policy was adopted by the Board of the
Authority in accordance with Utility's enabling legislation, Chapter 94-491, Laws of Florida,
Special Acts of 1994, "to fix and collect rates, user fees, and other charges to persons or
property or both for the use of the system or both and to fix and collect charges for making
reasonable penalties on any users or property for any such rates, fees, or charges that are
delinquent."
(b) If the Customer to be invoiced is currently connected to Utility's system, any
repair charges will be applied to that Customer's account for collection.
(c) As stated on Utility's invoice, payments are due thirty (30) days from the
invoice date, unless it is for septage disposal, which will be due in fifteen (15) days. If
payment is not received by the due date a late fee (established in the annual Rate Resolution),
a late fee or late charge will be assessed as clearly indicated on the invoice. The
Miscellaneous Receivable collection process will allow an additional fifteen (15) days after
the original due date before turning the account over to a collection agency.
(i) The account will be turned over to an outside collection agency to
proceed with additional collection alternatives; correspondences, credit bureau
reporting and legal action for a time not to exceed six (6) years and eleven (11)
months for the debt.
(ii) In addition, septage disposal shall be invoiced biweekly. If a
delinquent account is a company disposing of domestic waste from portable toilets or
septic tanks is turned over to collections the Authority will notify the plant operator to
cease authorization of future access. See "Septage Disposal Deposit Policy", above,
for terms of collection and/or to resume service.
(d) After a miscellaneous receivable account has remained uncollected for six (6)
years and eleven (11) months, the Authority will automatically write the accounts off to the
Allowance for Bad Debt Account in the general ledger. A billing adjustment will be made
and uncollected debt will be noted in the customer's file for future collection efforts.
24 CCUA RESOLUTION NO. 2023/2024-01
(e) The Executive Director or his/her designee shall promulgate standard forms of
Customer applications for domestic waste disposal (i.e., septage hauler's usage) as may be
necessary or helpful in the implementation and execution of the various policies set forth in
this Rate Resolution.
(10) Guaranteed Revenue. Utility may collect a guaranteed revenue charge to
recover certain carrying costs of maintaining plant capacity prior to connection. The
obligation to pay guaranteed revenue shall be determined on a case by case basis.
Developers or others bound by contract to pay guaranteed revenue shall continue to pay the
same in accordance with the obligations set forth in such contract.
(11) Pass Through of Third Party Costs, Franchise Fees and Charges. In the event
that any third party imposes or attempts to impose any cost, franchise fee and/or other charge
directly related to Utility's presence, operation, provision of service to particular Customers
or a particular geographic area, or related to Utility's use of that third party's services,
property, governmental benefits, or other thing(s) of value, in connection with Utility's
provision of service to particular Customers or a particular geographic area, then Utility shall
prorate the cost, franchise fee and/or other charge being imposed, and the cost of challenging,
complying with and administering the same, and any laws, ordinances or rules related
thereto, among the identifiable affected Customers or Customers of the identifiable affected
geographic area being served by the System subject to such franchise fee or charge, and
Utility shall regularly bill and collect such prorated costs from those Customers. Without
limiting the generality of the foregoing, this section shall specifically apply to all costs, fees
and charges imposed, directly or indirectly, by The City of Jacksonville Ordinance No. 2001-
427-E, and any successor or amending ordinance thereto, and any rules, regulations, policies
and/or practices promulgated pursuant thereto, and/or in the challenge of such ordinance,
rules, regulations, policies and/or practices, with respect to Utility's operation of that portion
of the System situate in Duval County, Florida.
(12) Recording Fees and Documentary Stamp Taxes. Customers shall be
responsible for the entire cost of recording fees and documentary stamp taxes for Developer
Agreements, grants of easements, quitclaim deeds, rights of way, amendments or
supplemental agreements thereto, and similar instruments recorded in the appropriate public
records for the county(ies) in which Utility provides service, if such instrument is being
required by Utility as a condition of service. Corrective documents, required to be recorded
due to no fault of the Customer, shall be recorded at the cost of Utility. If land or easements
are being purchased by Utility, the Executive Director, subject to Board approval, shall have
the right to negotiate which party shall bear those costs.
(13) Additional Service Charges for All Customers & All Systems. In addition to
the foregoing, the miscellaneous service charges for all Customers and all systems shall be
imposed and collected, as set forth in Exhibit "A" as attached hereto and which is hereby
incorporated by reference.
SECTION 8. METER TESTING.
If any Customer requests a test of its water meter or reuse water meter, Utility will
require a deposit to defray the cost of testing; such deposit shall not exceed the applicable
schedule of fees for specified meter sizes as set forth in attached Exhibit "A". The fee is
retained by Utility only if the test shows that the meter is registering within the acceptable
accuracy limits as established by Utility. If the meter is determined by Utility to be
registering outside of the acceptable accuracy limits, the meter test service fee will be
refunded and an adjustment is made to the bill for the proper amount of water or reuse water
consumption, as the case may be.
25 CCUA RESOLUTION NO. 2023/2024-01
SECTION 9. METER REREADS AND SPECIAL READS.
Upon request of a customer, Utility shall, without charge, reread Customer's meter to
determine if the initial reading was accurate, provided that a Customer request for a meter
reread has not been made during the preceding twelve (12) months. Should a Customer
request to have the meter reread more frequently than once every twelve (12) months,
Customer shall pay a charge for each additional reread as set forth in attached Exhibit "A".
If Customer-requested reread of the meter results in a corrected bill, the meter reread charge
shall be refunded and Customer will be rendered a corrected bill. Upon request of a
customer to have a special meter reading performed which is not a part of the monthly
readings during the normal billing cycle, Customer shall pay a charge as set forth in Exhibit
"A" for the special reading.
SECTION 10. FIRE PROTECTION SERVICE.
A one-time initial capacity cost recovery charge is assessed to Customers who have
fire lines or standpipes located upon or within their premises or privately-owned hydrants
maintained by Utility as set forth in attached Exhibit "A".
SECTION 11. WATER, RECLAIMED WATER AND WASTEWATER
CAPACITY CHARGES; ADOPTION; TIME OF PAYMENT; AND CONNECTION FEES
ACCOUNTS.
(1) Adoption. Utility hereby adopts and establishes a water capacity charge,
wastewater capacity charge and reclaimed water capacity charge, the purpose of which will
be to finance capital expenditures and the payment of Utility indebtedness associated with
the expansion of Utility's water and reclaimed water supply, treatment and transmission
system and the wastewater transmission, treatment, and effluent disposal system. The
capacity charges imposed by Utility shall be as set forth in Exhibit "A", attached hereto and
made a part hereof.
(2) Applicability. Except for existing Customers, or those Customers who have
previously paid connection or plant capacity charges to the previous owner of Utility, the
capacity charges set forth herein shall be paid by new Customers who request service from
Utility.
(3) Time of Payment. All water, reclaimed water and wastewater capacity
charges referenced in this section shall be paid at the time Customer and Utility execute an
agreement concerning the provisions of Utility service, or such other time as may be
specifically provided in Utility's Service Availability Policy, see Attachment 1, which is
hereby incorporated by reference.
(4) Capacity Charges Accounts. The water capacity charges collected pursuant to
this Resolution shall be deposited into an account called the "Clay County Utility Authority
Water Capacity Charges Account", reclaimed capacity charges shall be likewise deposited
into an account called the "Clay County Utility Authority Reclaimed Water Capacity
Charges Account", and the wastewater capacity charges shall be likewise deposited into an
account called the "Clay County Utility Authority Sewer Capacity Charges Account." The
water capacity charges so deposited shall be used for the purposes set forth in the Authority's
then applicable Bond Resolution(s) (herein so called) and thereafter for acquisition,
improvement and expansion of Utility's water system. The reclaimed water capacity charges
so deposited shall be used for the purposes set forth in the Bond Resolution(s) and thereafter
for acquisition, improvement and expansion of Utility's reclaimed water system. The
wastewater capacity charges so deposited shall be used for the purposes set forth in the Bond
Resolution(s) and thereafter for the acquisition, improvement and expansion of Utility's
wastewater system. The above-referenced charges may also be used for any other lawful
purpose relating to the System. Notwithstanding the foregoing, however, the Authority
acknowledges that Florida law currently restricts the use of charges such as the Capacity
26 CCUA RESOLUTION NO. 2023/2024-01
Charges to expanding the facilities and/or capacity of the System, or for the payment of debt
service on obligations issued to acquire excess plant and capacity or to build expanded plant
and capacity.
SECTION 12. DETERMINATION OF EQUIVALENT RESIDENTIAL
CONNECTION FACTORS FOR WATER, REUSE WATER AND WASTEWATER
SERVICES.
(1) For purposes of calculating and imposing the water, reuse water and
wastewater capacity charge provided for herein, the ERC factor for any particular connection
shall be calculated and imposed in the manner as provided in the Commercial ERC Factors
Table, see Attachment 3, which is hereby incorporated by reference.
(2) The "total equivalent residential connection value" for an establishment shall
be calculated by multiplying the ERC factor listed above by the number of units, and shall be
rounded up to the nearest 0.5 ERC factor.
(3) One (1) equivalent residential connection ("ERC") shall, for the purposes of
this Section, have an assigned value of 1.00. For wastewater service capacity, one (1)ERC is
hereby established and determined to be equal to a flow of 311 gallons per day, average
annual basis. For water service capacity, one (1) ERC is hereby established and determined
to be equal to a flow of 450 gallons per day, average annual basis. For reuse water service
capacity, one (1) ERC is hereby established and determined to be equal to a flow of 275
gallons per day, average annual basis.
(4) For all establishments not listed above, the total wastewater ERC value for
wastewater service capacity shall be determined by multiplying the number of fixture units,
as published in the Standard Plumbing Code, by sixteen (16), and then dividing that
numerator by 311. The wastewater capacity charge shall be determined by multiplying the
total ERC value by the wastewater capacity charge per ERC.
(5) For all establishments not listed above, the total water ERC value for water
service capacity shall be determined by multiplying the number of fixture units, as published
in the Standard Plumbing Code, by twenty-four (24), and then dividing that numerator by
450. The water capacity charge shall be determined by multiplying the total ERC value by
the water capacity charge per ERC.
(6) For all establishments not listed above, the total reclaimed water ERC value
for reclaimed water service capacity shall be determined by dividing the estimated average
daily usage per gallon of reclaimed water determined on an annualized basis for such
establishment, by a denominator of 275. The reclaimed water capacity charge shall be
determined by multiplying the total ERC value by the reclaimed water capacity charge per
ERC.
SECTION 13. ALLOCATION OF WATER, RECLAIMED WATER AND
WASTEWATER SERVICE CAPACITY.
(1) No new water, reclaimed water and/or wastewater service capacity shall be
sold until application therefore is received by Utility, or a Developer Agreement or other
appropriate written contractual agreement has been entered into between the Applicant and
Utility, and the appropriate capacity charges received. Utility may require all information on
said application or agreement that it deems reasonable and necessary, and may reject
applications it determines incomplete. Any application or agreement for water, reclaimed
water and/or wastewater capacity shall contain a legal description of the land constituting the
Property to be served. The legal description shall include only those lands owned or
controlled by the Applicant for which the water, reclaimed water and/or wastewater service is
requested.
27 CCUA RESOLUTION NO. 2023/2024-01
(2) Utility adopts and incorporates herein by reference the Service Availability
Policy, and the charges contained therein, set forth as Attachment 1, and the charges
contained therein, which policy shall govern the relationship between Utility and Developers
or others wishing to connect to the System.
SECTION 14. ABNORMAL STRENGTH WASTE SURCHARGE FACTOR.
For those Customers which Utility has agreed to serve and either Customer or Utility
has determined that the strength of the sewage is greater than 300 parts per million ("ppm")
of biochemical oxygen demand ("BOD") or chemical oxygen demand ("COD"), or total
suspended solids ("TSS"), then an abnormal strength surcharge will be applied to the
monthly bill. Biochemical oxygen demand or "BOD" means the quantity of oxygen in the
biochemical oxidation of the organic matter in the wastewater under standard laboratory
procedures in five (5) days at twenty degrees centigrade (20 degrees C), expressed in
milligrams per liter. The BOD shall be determined in accordance with procedures set forth in
the Standard Methods for the Examination of Water and Wastewater, 18th Edition, as the
same may be amended or updated by subsequent editions. The greater concentration of
either BOD or COD will be used in the surcharge calculation, but not both. The surcharge
factor is calculated in the following manner:
Average concentration BOD plus average concentration TSS divided by 600.
Multiply the quotient by the wastewater consumption charge to account for
the higher BOD and TSS concentrations.
Example:
[(x+y)/600]*a=Adjusted Wastewater Consumption Charge
Where:
x=Average concentration, BOD or COD
y=Average concentration, TSS
a=Normal wastewater consumption charge.
SECTION 15. FIRE HYDRANT METER POLICY AND PROCEDURES.
The Board of Supervisors for Utility hereby adopt and enact the rates, fees and
charges applicable to fire hydrant meter usage, which policy and procedures are adopted and
made a part of Utility's Service Availability Policy. The Authority's Fire Hydrant Meter
Policy and Procedures are on file with the Recording Secretary for the Authority and are
available for review during normal working hours of the Authority. The rates, fees and
charges applicable to that policy and those procedures are attached hereto as Attachment 2
and hereby incorporated by reference.
SECTION 16. PERMITTING POLICY, PROCEDURES AND FEES.
By its formal adoption of Resolution No. 2000/2001-08 on July 3, 2001, the
Authority has adopted rules to implement the application, processing and issuance of permits
for water distribution and wastewater collection system mains 12" in diameter and smaller in
size; has provided for plan and specifications supervision by a professional engineer; has
adopted forms for use in connection with such self-permitting policy; has established a
permitting timeclock; has authorized the issuance, modification and revocation of permits
consistent with Florida law; has adopted procedural due process requirements in connection
with such permit applications; has adopted the permit application fees as set forth in
Resolution No. 2000/2001-08, which are hereby incorporated by reference; and has
authorized compliance and enforcement by the Authority with the policies, procedures and
requirements of said resolution. Resolution No. 2000/2001-08, as the same may be amended
28 CCUA RESOLUTION NO. 2023/2024-01
from time to time, is on file with the Recording Secretary for the Authority and is available
for review during normal Authority operating hours.
SECTION 17. ENFORCEMENT; VIOLATIONS; PENALTIES.
The provisions of this Rate Resolution shall apply equally to all System Customers,
regardless of Utility District, except as specifically set forth herein. Violations of the
provisions of this Rate Resolution or failure to comply with any the requirements set forth
herein, including violation of conditions of any wastewater disposal permit shall be
prosecuted as provided by law. Each day such a violation continues shall be considered a
separate event. Nothing herein contained shall prevent Utility from taking such other lawful
actions as is necessary to prevent or remedy any violations, including seeking injunctive
relief in a court of competent jurisdiction, or terminating service as permitted by law or
hereunder. Additional fees, penalties and charges may be set forth on attached Exhibit"A".
SECTION 18. LIBERAL CONSTRUCTION AND INTERPRETATION.
In the interpretation and application of this Resolution, all provisions shall be
considered as a minimum requirement, liberally construed in favor of Utility, and deemed
neither to limit nor repeal any other powers granted under state law. This Resolution is
cumulative and supplemental to existing Utility laws, ordinances, resolutions, rules and
regulations. Where this Resolution and the provisions contained herein conflict of overlap
with any Utility law, ordinance, resolution, rule or regulation, whichever imposes the more
stringent restriction shall prevail.
SECTION 19. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution if for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
SECTION 20. CONFLICTS.
In the event of any conflict between the provision of this Resolution and any other
resolution or portions thereof, except as may be otherwise provided by Section 15, above, the
provisions of this Resolution shall prevail to the extent of such conflict.
SECTION 21. DEFERRAL OF CAPACITY CHARGE INCREASES FOR
CERTAIN PROJECTS.
The fiscal year of the Authority runs from October 1st of the then current calendar
year through and including September 30th of the next following fiscal year. The rates, fees,
and charges adopted by the Authority annually, on a fiscal year basis, is reflected in the Rate
Resolution adopted by the Board of Supervisors for the Authority for that then current fiscal
year. Therefore, the portion of any project formally filed with the Clay County Development
Review Committee ("DRC") or a city DRC (or equivalent development review process) prior
to September 30th of the then current calendar year, for which the Authority has already
received completed plans acceptable to the Authority and a properly executed Developer
Agreement, along with payment of all Developer Agreement charges, and commencement of
water, wastewater, and reclaimed water construction occurs prior to September 30th of that
calendar year, will qualify for the capacity charges which are in effect for the Authority's
fiscal year which ends that September 30th, as set forth in the Authority's Rate Resolution
for that fiscal year. However, capacity charges under the Authority's Rate Resolution, as the
same may be amended and supplemented from time to time, shall apply to all other
Developer Agreements entered into on or after the October 1st of any calendar year, as
correspond to the Authority's then current fiscal year, or for such developments under
29 CCUA RESOLUTION NO. 2023/2024-01
previously executed Developer Agreements, which do not meet the requirements of the
preceding sentence of this Section 21.
SECTION 22. EFFECTIVE DATE.
By approving the proposed Fiscal Year 2023/2024 rates, fees and charges for Utility,
this Resolution shall take effect on October 1, 2023.
DULY ADOPTED by the Board of Supervisors, Clay County Utility Authority, and
effective as of October 1, 2023.
BOARD OF SUPERVISORS
CLAY COUNTY UTILITY AUTHORITY
By:
, Chairman
ATTEST:
By:
Janice Loudermilk, Secretary
Clay County Utility Authority
(Seal)
30 CCUA RESOLUTION NO. 2023/2024-01
Attachment 1
CLAY COUNTY UTILITY AUTHORITY
SERVICE AVAILABILITY POLICY
This Service Availability Policy of the Clay County Utility Authority is attached to,
and made a part of, the Rate Resolution of the Authority, Resolution No. 2023/2024-01. All
terms not otherwise defined in this Attachment 1 shall have the same meaning as assigned to
them in the Rate Resolution.
1. GENERAL INFORMATION
It is Utility's intention to provide service throughout its service area as requested,
providing that it is economically feasible to do so.
2. AVAILABILITY
A. Water, reuse water and wastewater service will be made available by Utility
throughout Utility's service territory, subject to any outstanding interlocal
agreements or other contracts or franchises awarded by Utility to third parties.
Utility will evaluate each request for service as to its feasibility. If Utility
determines that it is not economically feasible to serve such territory in
accordance with its Rate Resolution and this Service Availability Policy, and
if the parties agree, Utility will prepare a special agreement setting forth
terms, outside the scope of Utility's Service Availability Policy, by which it
can provide service, either through bulk service or some other arrangement.
The reasonable cost of preparation of such special agreement shall be
reimbursed to Utility from the Applicant seeking service.
B. Certain areas within Utility's service territory may have developed in whole
or in part without central water, wastewater and/or reuse water service, and
are currently using private wells and septic tanks. If such unserved area is
located in the vicinity of existing Utility appurtenances, so that it is
economically feasible to extend service to such area, application may be made
for service by an affected owner or purchaser under a pending contract of sale
or contract for deed to such area, pursuant to Utility's In-Fill Projects Fund
Policy Statement formally adopted, amended and restated by the Board of
Supervisors for the Authority on May 4, 1999, in Resolution No. 1998/1999-
09, which, as may be amended from time to time, is available for review at
Utility office and which is hereby incorporated by reference. Customers
connecting to Utility's water, wastewater and/or reuse water system(s)
pursuant to such In-Fill Projects Fund Policy shall be required to pay the
costs, fees, charges and rates set forth in Utility's then current Rate
Resolution, to comply with the then current In-Fill Projects Fund Policy
Statement, and also pay Utility's carrying costs, interest, fees, charges, and
rates as provided for in the then current In-Fill Projects Fund Policy
Statement.
31 CCUA RESOLUTION NO. 2023/2024-01
C. The Middleburg Service Area of Utility, as defined and established by the
Board of Supervisors for Utility in Resolution No. 1998/1999-10, which is
available for review at Utility office and which is hereby incorporated by
reference, has been identified by Utility for a special expenditure of funds for
utility infrastructure development and plant construction. Customers
connecting to Utility's water, wastewater and/or reuse water system(s) within
the Middleburg Service Area shall be required to pay the costs, fees, charges
and rates set forth in Utility's then current Rate Resolution, to comply with the
requirements of Resolution No. 1998/1999-10, as amended, and also pay
Utility's prorated infrastructure development costs, carrying costs, interest,
fees, charges, and rates as provided for in Resolution No. 1998/1999-10, as
amended. For the current fiscal year, the carrying charge for the Middleburg
Service Area Policy and the Infill Policy and the financing charge for the
same each are set forth in Exhibit"A" attached hereto and made a part hereof.
Also, the current fiscal year distribution and collection infrastructure charge
per acre for the Middleburg Service Area for water and for wastewater are set
forth in Exhibit"A" attached hereto and made a part hereof.
D. LAMPA, which is the Lake Asbury Master Plan Area, as defined and
established by the Board of Supervisors for Utility in Resolution No.
2022/2023-08, which is available for review at Utility office and which is
Ihereby incorporated by reference, has been identified by Utility for a special
expenditure of funds for utility infrastructure development. Effective
December 19, 2023 and thereafter, Customers connecting to Utility's water,
wastewater and/or reuse water system(s) within LAMPA shall be required to
pay the costs, fees, charges and rates set forth in Utility's then current Rate
Resolution, to comply with the requirements of Resolution No. 2022/2023-08,
as amended, and also pay Utility's prorated infrastructure development costs,
carrying costs, interest, fees, charges, and rates as provided for in Resolution
No. 2022/2023-08, as amended. For the current fiscal year, the carrying
charge for the Middleburg Service Area Policy, LAMPA, the Infill Policy, and
the financing charge for the same are each set forth in Exhibit "A" attached
hereto and made a part hereof.
3. OBLIGATIONS OF UTILITY
It shall be Utility's obligation to analyze, evaluate, and respond to all requests for
extension of its services where extensions to specific locations are requested. Once the
Applicant has provided Utility all of the information that is necessary for Utility to evaluate
the extension of service, it shall be Utility's obligation to provide a firm price to the
Applicant for such service extension including construction cost estimates, where applicable,
connection or plant capacity charges, and any other approved charges for such service
extensions.
32 CCUA RESOLUTION NO. 2023/2024-01
4. OBLIGATIONS OF DEVELOPER
It shall be the Applicant's obligation to provide Utility with all of the information
Utility needs in order to evaluate the feasibility and cost of providing service. Such
information shall include, but not be limited to, (1) location of project, (2) survey of property,
(3) complete plans and specifications for project, including drainage plans, (4) flow data, (5)
type of facilities to be installed, (6) metering arrangement, (7) size of project, (8) description
of waste to be discharged into Utility's wastewater system, including chemical analysis of
such wastewater if it is other than domestic wastewater, (9) complete legal names of
Applicant and/or Owner, including addresses, type of business entity, and state in which said
entity was created, (10) estimated date that service is needed, (11) type of services requested,
(12) landscape irrigation watering plan, (13) reuse facilities design, and (14) internal fire
flow requirements, etc.
It shall be the Applicant's and Utility's responsibility to execute all water, reuse water
and wastewater agreements, contracts, and easements which are necessary in order for Utility
to provide service to the Applicant's property and/or project. For purposes of illustration and
not limitation, the Applicant and Utility shall be required to execute, in accordance with
Utility's Resolution No. 1997/1998-08, which, as the same may be amended from time to
time, is available for review at Utility office and is hereby incorporated by reference, (i) a
letter agreement in the form required by the Executive Director or his/her designee, prior to
Utility executing any notification or application for a Florida Department of Environmental
Protection permit for the construction or extension of water and/or wastewater facilities with
respect to the Applicant's project, and (ii) a Developer Agreement in the form prescribed by
the Executive Director of Utility or his/her designee, and the Applicant shall pay to Utility all
of the appropriate fees and charges set forth in such Developer Agreement, prior to the
commencement of construction of the water, reuse water and/or wastewater facilities to be
owned and maintained by Utility, for the project. Utility shall not be obligated to provide
service to an Applicant that fails to timely satisfy the foregoing conditions for service.
5. ON-SITE FACILITIES
It shall be the Applicant's responsibility to pay the entire cost of the on-site water,
reuse water and/or wastewater facilities that are necessary to provide service to Applicant's
development. On-site facilities are those located within the property for which the Applicant
is requesting service. Such on-site facilities shall include the facilities which are necessary to
provide for sound engineering design, construction, and operation of the System, and/or to
accommodate Utility's Master Plan which may require each development to extend the
Master Planned mains across their property and to provide stubs to adjacent properties, as
necessary, to loop service, provide redundancy of service, and/or ensure that service can be
made available to adjacent properties which may be in the future accepted and incorporated
for service into the System by Utility. Such on-site facilities that Utility accepts for
ownership and maintenance shall be donated to Utility by the property/project owner within a
defined easement area and/or fee ownership parcel granted to Utility. If on-site temporary
pump stations or backflow prevention devices are required, they shall be paid for 100% by
the Applicant, without any provision for refund.
33 CCUA RESOLUTION NO. 2023/2024-01
6. OFF-SITE FACILITIES
Off-site facilities are those located outside the property for which the Applicant is
requesting service which are necessary to connect and transmit water, reuse water or
wastewater to or from Utility's facilities. Where off-site extensions are required in order to
service Applicant's development and such off-site mains will be used strictly for the
Applicant's development, then the total cost of such off-site extension shall be paid for
entirely by the Applicant, and if Utility agrees to accept them for ownership and
maintenance, the property/project owner shall donate them to Utility. In such situations,
there will be no refundable agreement. This provision shall not preclude Utility from
connecting to such systems for the purpose of master planning looped service to the area.
7. CONSTRUCTION OF OVERSIZED FACILITIES
Where pump stations, on-site force mains, and other facilities are master planned to
serve substantial developments other than that required for the Applicant requesting service,
then such Applicant, who requests service, may be required to pay the entire cost of the
oversized facilities. In such event the area to be serviced by such oversized facilities will be
identified and a basis for equitable allocation of the cost will be established. The Applicant,
who advances the cost of such facilities, will be refunded without interest as other
developments pay their pro rata share of the oversized facilities in accordance with the
provisions of the "Refundable Advances" section in Paragraph 8 herein.
Where off-site extensions are required in order to service Applicant's development
and such off-site mains are sized so that they can be utilized by other properties not owned
by the Applicant, then the Applicant, who is requesting service, may be required by Utility to
front the fixed charge quotation of Utility or the contract cost of Applicant's contractor for
such mains. In such event, Utility and Applicant will enter into a refundable agreement, as
described in Paragraph 8 herein.
Should situations arise where it is more practical for Utility to advance the excess
fixed charge quotation of Utility or the contract cost of Applicant's contractor of permanent
pump stations, force mains, and other oversized facilities, and where such property to be
served by the oversized facilities would normally be required to pay all such charges for the
on-site and off-site mains, then in those situations, Utility will be allowed to prorate such
charges on an equitable basis over the property/properties to be served by such facilities from
those properties benefiting from same. Utility shall not have any obligation to advance such
charge, however, it is possible that areas exist that it would not be economically feasible to
service on any other basis due to the small size of the project involved.
8. REFUNDABLE ADVANCES
If an Applicant advances the charges for certain off-site extensions and oversized
facilities which will benefit other properties with excess available capacities, Utility shall
enter into a refundable agreement with the Applicant for the value of such excess capacity
charges. This agreement shall carry a term of ten (10) years without interest, subject to
extension for an additional ten (10) year term without interest, if the Applicant which is
subject to such a refundable agreement, or its successors and assigns, applies writing
34 CCUA RESOLUTION NO. 2023/2024-01
delivered to the Executive Director of the Authority prior to the expiration of the initial ten
(10) year term for an extension of the term of such refundable agreement. If the
property/properties, which are the subject of collection for refund, does/do not develop prior
to the later of the expiration of(i) the initial ten(10) year term of the refundable agreement or
(ii), as applicable, the ten (10) year extension term thereof, if such agreement has been so
extended as called for in the preceding sentence, then no further refund(s) will be due. An
equitable basis for allocation of the excess charges that is advanced by the Applicant will be
established. As subsequent applicants connect to the service provided by such facilities, their
pro rata share of the charges for such facilities will be assessed to them and, when collected,
will be refunded to the original Applicant who advanced the charges for such facilities. Such
refunds will be made until such time as the original Applicant who advanced the charges for
the facilities has received 100% of the excessive charges that he or she originally incurred.
9. SYSTEM DESIGN AND CONSTRUCTION
All extensions to Utility's system shall be designed and constructed in accordance
with Utility's current standard details, specifications, and procedures at the time of permit
application.
It shall be Utility's right, at the Applicant's expense, to construct and/or approve the
construction of the on-site installations that will be owned and maintained by Utility. It shall
also be Utility's right to review all plans and specifications for connections to its system to
ensure that Utility's design standards are met and to ensure that service to existing Customers
is not unduly and unnecessarily interrupted. Developer shall pay a fee to compensate Utility
for the time required to review such plans and specifications. Utility reserves the right to
approve Applicant's contractor prior to construction of any on-site or off-site facilities, which
contractor must, at a minimum, hold a license from the State of Florida for underground
construction and demonstrate acceptable experience in the field.
10. DESIGN BY INDEPENDENT ENGINEERS
All extensions to Utility's System that require permits shall be designed by a State of
Florida Licensed Engineer ("Engineer"). All designs shall be coordinated to coincide with
Utility's Master Plan for service to the area. All plans and specifications shall be stamped
approved and accepted via written permit by Utility prior to commencement of any
construction. In the event of any dispute as to the final approved engineering design of any
facilities to be accepted and incorporated into Utility's System, Utility's Chief Engineer, or
his/her designee, shall have final approval authority.
11. CUSTOMER CONNECTION CHARGE (TAP-IN)
Charges in this section shall be as defined in Section 2(4) of the Rate Resolution. The
charge for Utility construction costs for tapping into a line to connect service is an amount
equal to Utility's estimate of the approximate cost to design, permit and construct a
connection point to Utility's existing facilities and extension of such facilities to Customer's
property utilizing Utility's own staff. Such extensions may be potable water, reclaimed water
or wastewater facilities. The availability of Utility's construction personnel to accomplish any
particular job is not guaranteed and is subject to scheduling. Alternatively, Developer may
35 CCUA RESOLUTION NO. 2023/2024-01
employee an Engineer to design and permit such extension and hire a Florida Licensed
Underground Utility Contractor to provide the installation. In such event, Developer shall
comply with all of Utility's standard requirements, including, but not limited to, design,
permitting, construction, property transfers to Utility, Warranty, Maintenance Security Bond,
as-built drawings, easements, etc.
12. WATER METER INSTALLATION
The Developer or each Applicant shall be charged for the water meter and for
installation of the water meter as set forth in Exhibit "A" attached hereto and made a part
hereof. Those charges only include the installation of the meter, stub-out pipe from the meter
and a backflow prevention device, and do not include any other charges associated with the
installation of other service and the charges associated with tapping into the water main. To
the extent a service installation is required in order to provide Customer utility service, the
charges for such installation, including the installation of the water meter will be based on the
estimated cost of the installation, regardless of meter size. In no event will such charge be
less than the meter installation charges shown above. The water meter installation charges,
and any such additional charges, are due and payable at the time Customer makes an
application for service.
13. REUSE WATER METER INSTALLATION
The Developer or each Applicant shall be charged for the reuse water meter and for
installation of the reuse water meter as set forth in Exhibit "A" attached hereto and made a
part hereof. Such charges only include the installation of the meter and stub-out pipe from
the meter, and do not include any other charges associated with the installation of other
service and the charges associated with tapping into the water main. To the extent a service
installation is required in order to provide Customer utility service, the charges for such
installation, including the installation of the reuse water meter will be based on the estimated
cost of the installation, regardless of meter size. In no event will such charge be less than the
meter installation charges shown above. The reuse water meter installation charges, and any
such additional charges, are due and payable at the time Customer makes an application for
service.
14. CUSTOMER INSTALLATION (CUSTOMER MAINTAINED LINES)
The Applicant shall be required to own and maintain all facilities that are installed by
it or its plumbers on Customer side of the point of delivery. Such facilities shall also include
all fire flow detection devices and backflow prevention devices whether installed by Utility
or by Applicant.
15. INSPECTIONS
Utility does not require inspections at the present time. However, any damage to
Utility's system due to a faulty connection shall be the responsibility of Customer and
property owner (if they are not the same) when and if such faulty connections are found.
Customer or property owner shall be required to pay Utility the actual cost of any inspections
required as a result of such problems.
36 CCUA RESOLUTION NO. 2023/2024-01
16. TRANSFER OF CONTRIBUTED PROPERTY -BILLS OF SALE
Once Utility initiates permanent service, unless the parties agree to the contrary, then
Utility's water, reuse water and wastewater agreement automatically activates the transfer of
title to Utility of the on-site and off-site facilities that Applicant has paid for and which are
required to be donated to Utility.
17. COST RECORDS AND "AS-BUILT SURVEY PLANS"
All cost records pertaining to the cost of the water, reuse water and sewer facilities
donated to Utility, shall be provided to Utility.
Prior to acceptance of any extension to Utility's system that is completed by a
licensed underground utility contractor, Utility will require that:
Applicant's contractor provide Utility "As-built Survey Plans" per Utility's As-built
Specifications Standards Manual;
Neat, legible, handwritten field copy as-built drawings be submitted showing all
dimensions and elevations required by Utility; and
Applicant shall be responsible for paying in advance Utility's cost for quality control
review of "As-built Survey Plans" for each such extension of Utility's system, based on
Utility's initial estimate of the cost of such review. Applicant shall be charged on an hourly
rate an additional cost for completing follow-up, plus plotting and printing costs for any extra
proof sets, for extra time required for revisions to Utility's CADD "As-built Survey Plans",
caused by inadequate, inaccurate or incomplete "As-built Survey Plans" provided by the
Applicant's surveyor.
Once Utility has completed a proof set of the final, "As-built Survey Plans" will be
provided to the Applicant's contractor for proofreading and verification of its accuracy of
quality control review of the revised "As-built Survey Plans". When Utility's proposed final
CADD as-built plans have been verified as accurate by the Applicant's contractor, then a
final set of official "As-built Survey Plans" will be plotted by Utility, and mylars will be
prepared and submitted for the signature of the Applicant's contractor.
18. EASEMENTS AND RIGHT-OF-WAYS
It shall be the Applicant's responsibility to provide all easements and right-of-ways to
Utility that are necessary for Utility to have proper access to its facilities for maintenance and
repair purposes. Where metes and bounds legal descriptions are required by the
Applicant/property owner, in situations where Utility would normally accept blanket
easements, then the cost of the preparation of such legal description shall be that of the
Applicant/property owner.
37 CCUA RESOLUTION NO. 2023/2024-01
19. ACCEPTANCE OF FACILITIES AND MAINTENANCE BOND
Utility reserves the right to require that all facilities which are to be connected to its
system be acceptable to Utility before permanent water, reuse water and/or sewer service will
be provided. In addition, Utility reserves the right to require proof that all water, reuse water
and sewer facilities, which are accepted by Utility for ownership and maintenance, have been
paid for in full by the Applicant/property owner and the title to same is clear of all
encumbrances. The Applicant/property owner shall also provide to Utility, at the
Applicant/property owner's sole expense, such maintenance bond or other form of security
acceptable to Utility in such amounts approved by Utility, which by its or their express terms
protect and indemnify Utility against any loss, damage, costs, claims, debts or demands by
reason of defects, latent or otherwise, in the system to be and remain in effect for two (2)
years from the date of the system acceptance by Utility.
20. DEVELOPER AGREEMENTS
Utility requires that a water, reuse water and/or wastewater agreement be executed for
all extensions of service to new Customers which require extension of and/or alterations to
Utility's existing facilities in order to initiate such services. If an existing Customer is
modifying their current service under a pre-existing Developer Agreement with Utility, or
under a similar service agreement with a predecessor service provider to Utility, then the
Executive Director or his/her designee shall have the authority to require that the entire
Customer's service be documented and amended and restated in a current Developer
Agreement with the Customer, confirming the existing service, and providing for the
expanded or modified service and for payment of all fees, rates and charges in connection
with such expanded or modified service, prior to effecting the expansion or modification of
that customer service. The purpose of this provision is to attempt to ensure that all
Customers of Utility are legally obligated to Utility under current, consistent Developer
Agreements, taking into account applicable project specific provisions.
The form of Developer Agreement for each such extension of service shall be
prescribed by the Executive Director of Utility, or his/her designee, pursuant to Resolution
No. 1998/1999-11, as amended, and shall include such additional and further provisions
which the Executive Director or his/her designee shall, in their sole discretion, be required to
fully protect the rights of Utility and enhance the efficient operation of Utility with minimum
exposure to third party tort and contractual liability, again taking into account applicable
project specific provisions.
21. FACILITIES INSTALLED OR FINANCED BY UTILITY
Where Utility has installed or financed the installation of water, reuse water and/or
wastewater facilities at its expense, and it is not practical to maintain cost records for
determination of the pro rata share of the charges allocable to an applicant, Utility shall be
allowed to charge the Applicant a front footage charge representing the reasonable cost to
cover the Applicant's fair pro rata share of the original value of the mains serving the
Applicant's property. In the event such facility is a service lateral to applicant's property,
then Customer will be assessed a charge based on Utility's estimate of the original value of
the service line installation.
38 CCUA RESOLUTION NO. 2023/2024-01
22. PRIVATE FIRE PROTECTION CHARGE
The Applicant may request to have direct fire main stubs to their facilities for
purposes of internal fire sprinkler system and may request Utility guarantee the availability
of a specified G.P.M. of flow for fire protection. In such instances where the existing mains
are capable of carrying the fire flow requested, the Applicant shall pay to Utility the Private
Fire Protection charge set forth in the Rate Resolution then in effect, for the purpose of
assisting Utility in providing the excess reserve plant capacities required for the fire flow to
the Applicant's property. In instances where the existing mains are not capable of carrying
the fire flow requested, then Utility shall provide an estimate of the charges to alter the
existing fire mains to accommodate the Applicant's fire flow requirement and the charges for
such alterations shall be reimbursed by the Applicant in addition to the Private Fire
Protection Charge.
23. INSPECTION OF FACILITIES TO BE OWNED BY UTILITY
Where facilities which are to be owned by Utility are constructed by an outside
contractor, Utility reserves the right to have an inspector on the job at all times during all
phases of construction in which case it shall be the applicant's responsibility to reimburse
Utility for the estimated cost of such inspections, including all overhead associated with
same.
24. DESIGN OF FACILITIES TO BE OWNED BY UTILITY
Where the Applicant has its engineer design facilities which are to be connected to
Utility's existing facilities, and are to be owned by Utility, Utility reserves the right to require
the Applicant to reimburse it for its entire cost incurred in reviewing the plans prepared by
the design engineer, such cost to include all overhead associated with such review and
Utility's cost for a review engineer hired or contracted with by Utility for such purpose.
25. SEPTAGE DISPOSAL
The Authority will accept only domestic septic wastes from licensed, commercial
carriers of septage. Septage carriers must apply in advance for permission to use the
Authority's facilities, and the Authority staff shall not grant permission to any carrier to use
the Authority's wastewater treatment facilities if such carrier or its principal(s) have a
demonstrated history of illegal or inappropriate dumping or deposit of industrial wastes,
pollutants or contaminants. Any denials by staff may be appealed by the septage carrier to
the Board of Supervisors.
The Authority reserves the right to collect septage samples periodically to evaluate
the various pollutants including, but not limited to, Biochemical Oxygen Demand ("BOD")
and Total Suspended Solids ("TSS"). Should test results disclose chemical contents that may
be detrimental to the Authority's bacteriological treatment process and/or effluent disposal
limitations then such disposal, once identified, will no longer be accepted. If it becomes
evident that policing unauthorized disposal is not practical, then the problems will be
presented to the Board of Supervisors of the Authority for formal action with regard to
39 CCUA RESOLUTION NO. 2023/2024-01
continuation of such service. Septage carriers must provide the Authority with a manifest
indicating the source and quantity of wastes introduced into the wastewater treatment system.
Septage carriers will also be responsible for laboratory costs incurred by the Authority to
evaluate the wastes being introduced into the treatment system. Septage carriers will further
be responsible for removing initial screenings from the strainer at the point of discharge. The
solids will be deposited in a container supplied by the Authority.
In addition to the foregoing, all users of Utility's wastewater treatment facilities shall
comply at all times with, and shall be subject to fine, penalty, termination or other sanction as
provided in, Authority Resolution No. 2011/2012-06, the Pretreatment Resolution, which, as
amended from time to time, is available for review at Utility office and is hereby
incorporated by reference.
26. CROSS-CONNECTION CONTROL POLICY
All Customers shall comply with Utility's Cross-Connection Control Policy, as
previously adopted by the Board of Supervisors for Utility, as the same may be amended and
then in force. A copy of that policy is on file with the Recording Secretary for the Authority
and is available for inspection during normal business hours of the Authority.
27. FIRE HYDRANT METER POLICY AND PROCEDURES
All Customers shall comply with Utility's Fire Hydrant Meter Policy and Procedures,
as previously adopted by the Board of Supervisors for Utility, which, as amended from time
to time, is on file with the Recording Secretary for the Authority and available for review
during normal working hours of the Authority.
28. DEFERRAL AND FINANCING OF FEES, CHARGES AND COSTS
Utility is prohibited from providing free service, and shall impose uniform rates, fees
and charges for each user of the same class. However, the Board of Supervisors for Utility
may, from time to time, extend credit or defer collection of the fees, charges and costs
provided for herein and under the Rate Resolution, as follows:
A. Hardship Deferrals.
Hardship deferral or financing of charges, fees and cost that are payable or
reimbursable to Utility may be considered on a case by case basis for residential
properties, if the Applicant will be occupying such property as their primary
residence and if the Applicant, considering all sources of income and all assets owned
by the members of the Applicant's household, also meets the poverty level income
and asset guidelines then utilized by Clay County, Florida, in the administration of
the County's social service program and for the County's solid waste disposal
assessment hardship assistance.
40 CCUA RESOLUTION NO. 2023/2024-01
B. Other Deferrals.
Other deferral or financing of charges, fees and costs that are payable or reimbursable
to Utility may be considered on a case-by-case basis, when the Applicant's
circumstances, as documented to Utility, are such that the payment of charges, fees
and costs to Utility when due hereunder or under the Rate Resolution is not practical
or reasonable, and when any of the following circumstances exist:
i. Applicant is a non-profit corporation, providing low-income housing.
ii. Applicant's property to be served by Utility is within a current or
former grant area, which then or in the past has received federal or
state payments to upgrade central water, wastewater or reuse system(s)
serving the area in which the subject property is located.
iii. The property or intended use of the property is unusual or irregular,
such that the immediate payment of Utility's charges, fees and cost
reimbursements in strict accordance with the terms of the Rate
Resolution or this Service Availability Policy does not result in a fair
burden on Applicant for connecting to Utility's system(s).
iv. There is a special environmental benefit accruing from connecting the
property to Utility's system(s).
v. There is available to Utility third-party financing, payments, incentives
or other revenue in consideration of Utility providing the immediate
connection.
vi. Other circumstances exist which, in consideration of the public trust
held by the Board of Supervisors of Utility, make it in the best interest
of Utility and its ratepayers to defer or finance the collection of such
charges, fees and reimbursable costs required to be paid to Utility for
connection of service.
vii. Applicant is a for-profit corporation, providing "workforce housing"
as defined by s. 420.5095(3), Florida Statutes, or any successor statute
thereto.
In any instance in which a deferral or the financing of charges, fees and reimbursable
costs is approved, the Board of Supervisors shall adopt as a part of its action and record,
findings which support the existence of a public benefit accruing to Utility and its ratepayers
from the extension of credit by deferral or financing of charges, fees or reimbursable costs, or
any of them, in that instance. Notwithstanding anything to the contrary herein, the Board of
Supervisors shall not discriminate in the approving or disapproving of any such requested
deferral or financing of charges, fees and reimbursable costs, based on the race, ethnic origin,
religious affiliation, marital status, gender or age of the Applicant.
41 CCUA RESOLUTION NO. 2023/2024-01
Any charges, fees or reimbursable costs payable to Utility which are deferred or
financed pursuant hereto shall be secured by a lien against the subject property and shall be
repaid on such terms and conditions as approved by the Board of Supervisors. In the event
that any information provided, or representations made to the Board of Supervisors in a
successful application for deferral or financing is later shown to be materially false or
misleading, then the Board of Supervisors, in its sole discretion, may accelerate all deferred
or financed charges, fees and costs, and the same shall by payable by the Applicant, its
successors and assigns as to the subject property, upon demand by the Board of Supervisors.
29. ADDITIONAL COSTS OF PROVIDING SERVICE.
In the event that an Applicant, or an Applicant's predecessor in interest with respect
to a property, increases the cost of providing service to that property by refusing to cooperate
with Utility in timely master planning for water, wastewater, and/or reuse water service(s) to
such property; by refusing to grant easements for utility purposes across the property
designed to serve that property and adjacent property which is to be served by Utility; by
refusing to enter into a Developer Agreement in sufficient time for Utility to extend service
to the Applicant's property in a cost efficient manner; by negotiating for service, or entering
into agreements for service, with unfranchised water, wastewater, and/or reuse water utility
providers within Utility's geographic jurisdictional limits; or by acting in any other manner
inconsistent with Utility's policies and practices, including those set forth in the Rate
Resolution and this Service Availability Policy, then such Applicant, and its successors in
interest with respect to such property, or any portion(s) thereof, shall be responsible for the
increased cost and expense of Utility ultimately providing service to such property, including
without limitation, the cost of condemnation of easements, cost of litigation, increased cost of
emergency or expedited construction of Utility's facilities, increased professional fees and
expenses, and other reasonable costs and expenses of Utility, which are reasonably
attributable to the action of the Applicant, or the Applicant's predecessor(s) in interest as to
such property. If such increased costs and expenses are fairly allocable to more than one
such property, then the total increased cost and expenses shall be allocated among all of the
properties affected.
30. FLEX RENTAL SPACE DEVELOPMENTS.
Determination of an Applicant's or Customer's intended use of a particular service
location is necessary for Utility to accurately compute and apply the ERCs applicable to that
service location, and to determine the metering requirements for that service location. Multi-
tenant structures typically require separate utility facilities and metering for each unit capable
of being leased. However, the Board of Utility desires to implement a new approach in
dealing with undetermined use speculative office, commercial, industrial and/or retail space
developed at a single service location, which may require more than one meter ("Flex
Space"), which Flex Space is sought to be metered or modified by an Applicant or Customer
after October 1, 2005. For new or modified Flex Space, Utility shall continue to require
individual meters and plumbing design for the maximum number of units based on what the
Applicant or Customer reasonably believes to be the smallest space that will be capable of
being leased. The Applicant or Customer then shall be given the option to pay for all meters
with the Developer Agreement and install all the meters in advance when service location is
ready for the first meter. If all meters are installed and paid for in advance as described
42 CCUA RESOLUTION NO. 2023/2024-01
above, then Utility would make any appropriate adjustments once the initial occupancy and
leasing configuration for the service location is established and would remove and refund any
excess meters at that time. However, if the Applicant or Customer elects the option of only
paying in advance for one meter, and paying for supplemental meters as occupants or tenants
move into the service location, then Utility shall impose an extra service charge per event,
applicable each time a supplemental Developer Agreement is to be prepared to add an
additional meter or a block of meters. Utility shall continue to collect capacity charges in
advance, based on the least intensive assessment of those charges. If the tenants or occupants
for the service location, and their respective intended uses, are not known upfront, then a
supplemental Developer Agreement will be prepared for each adjustment to the service
location's overall usage to true up the impact of the service location on Utility System, and
additional charges shall be imposed by Utility as the tenants or occupants come online at that
service location. An additional service charge shall be assessed with each supplemental
Developer Agreement. If a supplemental Developer Agreement covers both the assessment
of additional capacity charges and additional meters, then only one additional service charge
will be assessed.
In addition to the foregoing, if an Applicant or Customer has pre-planned and
determined which meter will serve each lease space or unit of the Flex Space for the service
location, and provides that information to Utility, then Utility's staff will audit and verify
which meter serves each individual unit of the service location. This additional audit will be
done in one trip for all meters at no additional charge. However, for each additional trip that,
in Utility's judgment, is necessary to audit the meter/rental unit relationship, a service charge
per trip shall be assessed. Should the audit take over three quarters of an hour, then each
extra hour or portion thereof shall be charged per hour.
For existing Flex Space which is master metered,Utility will attempt to be notified by
appropriate county building department each time a commercial unit changes names for
electric service. Utility staff shall determine if the service address location is a master
metered unit, and if so, Utility will send the Industrial Pretreatment Survey and other
questionnaires to the tenant, occupant or the service location owner for completion, based on
the information available to Utility. Based on the returned Industrial Pretreatment Survey,
Utility will advise the service location owner what, if any, special pretreatment requirements
will be assessed. If necessary to ensure compliance, the service location owner will be
notified of the date that Utility's service to the service location will be discontinued to the
master meter, if the information requested is not received by Utility.
At any time during the course of Utility providing service to any new service location
after October 1, 2005, Utility shall have the right to inspect and audit the number of separate
occupants and tenants per meter. When this inspection occurs, if no violation of this policy is
found, there will be no charge for the inspection. However, for each violation that is found, a
charge of $500.00 will be assessed to recover the cost of this administrative inspection
program. In addition, if the Applicant or Customer is not in compliance, the Applicant or
Customer will be given ninety (90) days to correct the metering problem, at the Applicant or
Customer's expense. Failure to timely comply with that notice will authorize Utility to
discontinue service to the service location's master metered service, until such time as
compliance with all of Utility's policies are achieved by the Applicant or Customer for that
service location.
43 CCUA RESOLUTION NO. 2023/2024-01
31. RESIDENTIAL RECLAIMED WATER SYSTEM DEMAND MANAGEMENT
In an effort to manage costs for the best benefit to all reclaimed Customers due to (i)
the extreme peak demands that can be created when multiple irrigation systems are activated
at the same time and(ii)the unreasonable cost of the oversized facilities required to meet that
demand, it is necessary that demand management practices be initiated. In this regard, the
following demand management practices shall be followed:
A. This policy applies to established lawns only. Irrigation of new landscape will be
allowed at any time on any day for the initial thirty (30) days and every other day
for the next thirty (30) days for a total of one sixty (60) day period, provided that
the irrigation is limited to the minimum amount necessary for establishment.
B. The Authority supports the water restrictions published by the St. Johns River
Water Management District. Refer to the St. Johns River Water Management
District website (http://www.sjrwmd.com/wateringrestrictions/) for the latest
watering restrictions.
All Authority-approved reclaimed irrigation contractors shall be trained on the St.
Johns River Water Management District's demand management criteria and are required to
adhere to this criterion when setting single-family residential reclaimed irrigation system
timers served by the Authority's System.
Authority staff shall be authorized to inspect and enforce the St. Johns River Water
Management District's demand management criterion and as a last resort, may discontinue
reclaimed water service to those violating these demand management requirements.
This policy and management program applies only to single-family reclaimed
irrigation systems. General service reclaimed irrigation systems may be required by
agreement to adhere to specifically designed demand management practices.
32. ADJUSTMENT FOR NEWLY SODDED LAWNS
The Authority provides a separate adjustment for Customers who have new sod
installed as their lawn on their property or leasehold. The adjustment for new sod is limited
to no more than once every five (5) years per Customer. The Customer must provide proof
of the newly sodded lawn and Authority staff must schedule a field audit with the Customer
to verify that the Customer is not overwatering the newly sodded lawn. If eligible based on
the Authority's verification, then the Customer would receive an adjustment based on a bill
calculated with usage rates capped at tier 2 rates. The Customer's adjusted bill would only
apply to the first thirty (30) days after the new sod is installed. The volume of water related
to irrigating the new sod would not be subject to sewer charges for that initial thirty (30) day
period.
44 CCUA RESOLUTION NO. 2023/2024-01
33. SWIMMING POOL CREDIT FOR WASTEWATER(I.E., SEWER) USAGE
The Authority shall offer a pool credit to Customers (both residential and general
service) in good standing.
Any metered Customer with water service to whom wastewater (i.e., sewer) charges
are regularly rendered and through whose meter a swimming pool receives water from the
Authority's water system and whose pool capacity has been documented to the Authority by
the pool contractor, builder or homeowner, shall have the right under certain circumstances,
to fill the pool without application of the wastewater charge to the quantity of water used to
fill the pool and excess usage from that pool fill shall be at tier 2. These circumstances
include initial pool construction and major pool maintenance projects that require pool
draining. The right to fill the pool without wastewater flow charges and with excess usage
charges at tier 2 level, may be exercised by the Customer making a written request using the
forms available from the Authority. The written request shall include such documented proof
as required and satisfactory to the Authority, of the pool's capacity in gallons. The written
request shall also include:
A. Affidavit (on the form provided by the Authority), properly executed by the
Customer and builder;
B. A copy of the building permit from the Clay County Building and Zoning
Department (or equivalent building and zoning department depending on the
location of the Customer's property being served by the Authority) for a new
pool, or a copy of a maintenance agreement requiring the draining of an
existing pool; and
C. Water meter readings both immediately before and after the filling of the pool,
with dates and times of readings noted. If the builder or Customer is not
comfortable with obtaining the meter readings, Authority personnel will
provide the service for the current advertised service charge. Customer will
be responsible for any damages to the Authority's meter box, meter and
reading devices if the Customer damages Authority property while obtaining
these readings.
All written requests shall be furnished to the Authority no later than thirty (30) days after
completion of the filling. Requests will not be reviewed for consideration if all of the
outlined items above are not included. Upon receipt of a proper written request, the
Authority shall issue an appropriate credit to the Customer's account.
34. NEW DEVELOPMENTS — START-UP UTILITIES — RESPONSIBILITIES FOR
MINIMUM START UP COST
In areas where new or revised development order(s) and/or development permit(s) are
granted and construction of new or expanded water, wastewater, and reclaimed water utility
plants and system are required as part of the start-up infrastructure for such development, the
Authority and the Applicant or the Customer shall negotiate the terms and conditions for the
45 CCUA RESOLUTION NO. 2023/2024-01
Authority to cover all water, wastewater, and reclaimed water plants and system costs
applicable to such development. Typically, the Authority installs or expands its plants at its
expense and recovers capacity charges from the Applicant or Customer, which is designed to
recover plant and related costs. Due to the ever-increasing construction cost and the
uncertainty of the value that the Applicant or Customer will propose for the land that will be
dedicated for plant sites, it is impossible to establish whether the current or future capacity
charges of the Authority will be sufficient to cover that cost. It would be unfair to existing
ratepayers for the Authority to be exposed to the financial risk of the initial development and
operating cost without some guarantees from the Applicant or the Customer. The overriding
goal is to come up with an agreement whereby the cost of all plants, including the plant
site(s) land value to be funded by the Applicant or the Customer of that particular
development, and any over sizing of facilities for master planned areas outside of that
development shall be recovered from the owner(s) of other affected and benefited
development projects, and then refunded to the Applicant or the Customer for the original
development.
In addition, a guaranteed revenue provision may be initiated and agreed to by the
parties on a case by case basis to help the Authority cover its on-going costs until a
negotiated number of paying customers are connected to newly constructed plants. The
target number of customer connections will be the number it will take in order for the new
plants to reach a cash flow breakeven point.
The primary purpose of this Paragraph 34 is to emphasize financial feasibility for the
Authority since the initial investment for new plant(s) will be significant without any
assurance that customer growth will be sufficient to support the Authority's requested
infrastructure investment. Therefore, the Authority shall have the prerogative of determining
if and when such a particular development has progressed to a point where financial
feasibility has been achieved and conversion to the Authority's normal and customary service
availability charges can be commenced.
This does not include the additional cost of normal stubs to adjacent properties, which
the Authority requires of the Applicant(s) and/or the Customer(s) under its Rate Resolution
and otherwise by this Service Availability Policy.
35. DEFERRAL OF CERTAIN CAPACITY AND CONNECTION CHARGES FOR
SINGLE FAMILY RESIDENTIAL AND WORKFORCE HOUSING
DEVELOPMENTS
The Board of the Authority finds that promoting single family home ownership and
workforce housing development serves a vital and important public purpose consistent with
the mission and statutory authority, mandate, and duties of the Authority. The Board further
finds that the deferral of certain Utility fees or charges until water service is applied for
within a planned single-family residential development of one (1) or more total lots on a per
single-family lot (i.e., 1 ERC) or workforce housing meeting the criteria defined by s.
420.5095(3), Florida Statutes, or any successor statute thereto, is a reasonable deferral of
Utility fees and charges which will not negatively impact the Authority's ability to plan for
or reserve capacity, nor negatively impair the extension of the distribution and collection
facilities of the System. Therefore, the Authority hereby authorizes the Executive Director or
46 CCUA RESOLUTION NO. 2023/2024-01
his/her designee to enter into such Developer Agreements as the Executive Director sees fit
for the provision of water, wastewater, and/or reclaimed water service to any Applicant for
the same, for single-family residential developments or workforce housing, contractually
binding the Authority's deferral of the Capacity Charges, AWS Connection Charge, and
Environmental Impact Charge as would otherwise be applicable to such Property. For single-
family residential developments, deferred charges shall be divided into and collected on an
individual per single family residential lot basis, as water service is applied for in the future.
Workforce housing development deferred charges shall be collected as water service to that
development is applied for in the future. The Developer Agreement shall contain such other
and further provisions as authorized by the Executive Director and as may be approved by
the Board from time to time. The Debt Service Charge and other established rates, fees, and
charges of the Authority for such Property shall not be deferred. The Executive Director
shall cause such recordings as necessary to be made in the public records of the subject
county reflecting the deferral of the fees and charges so authorized.
36. ADDITIONAL PROVISIONS APPLICABLE TO MASTER METERED
DEVELOPMENTS
For the Applicants applying to the Authority to master meter a multi-family or commercial
development which will be serving multiple tenants and where the entire project is to remain
under single ownership and the entire site will be master metered with all on-site utilities
remaining under private ownership and operation unless otherwise approved by the
Authority, if the site is master metered, the Applicant or the Customer must provide the
following items for review and approval as part of the permit and plan review process:
i. A water conservation plan indicating the processes and routine investments for
operation and maintenance of the private on-site distribution system. The water
conservation plan shall demonstrate protection of the water resource being provided
on a master metered basis.
ii. Either a letter of credit or financial deposit in such an amount as to protect the credit
risk to the Authority being incurred for providing such utility services to the
Applicant or the Customer on a master metered basis, rather than being secured by
separate utility deposits for individual meters.
o For residential multi-family developments, the letter of credit or financial
deposit shall be calculated based on the number of units within the
development multiplied by the deposit amounts specified in the Rate
Resolution for a single-family residential home.
o For commercial developments, the letter of credit or financial deposit shall be
calculated on an ERC basis using the equivalent meter methodology described
in Section 30 of the Service Availability Policy.
iii. The Applicant's or the Customer's contractual acknowledgement and agreement that
the Applicant or the Customer, its successors and/or assignees, shall not be entitled to
the benefit of Section 3., subsections (18) and (19), of the Rate Resolution regarding
individual (non-master metered) customer adjustments, and may not participate in the
Authority's water leak credit program, nor in any other similar program designed to
help individually metered services not bear the full impact of a previously undetected
47 CCUA RESOLUTION NO. 2023/2024-01
leak or meter reading error attributable specifically to an individually metered service,
for any such master metered service connection.
iv. The Applicant or the Customer, its successors and/or assignees, shall not add an
administrative fee nor upcharge water, wastewater, and reclaimed water, where
available, services to the tenants of such master metered developments.
Section 420.5095, Florida Statutes, entitled "Community Workforce Housing Loan
Program", defines "workforce housing" in subsection (3) thereof as meaning "housing
affordable to natural persons or families whose total annual household income does not
exceed 80 percent of the area median income, adjusted for household size, or 120 percent of
area median income, adjusted for household size, in areas of critical state concern designated
under s. 380.05, for which the Legislature has declared its intent to provide affordable
housing, and areas that were designated as areas of critical state concern for at least 20
consecutive years before removal of the designation."
48 CCUA RESOLUTION NO. 2023/2024-01
Attachment 2
FIRE HYDRANT METER POLICY RATE SCHEDULE
Description of Fee or Charge Amount
"Plan A"Deposit(Lessee installs meter) $ 1,210.00
"Plan B"Deposit(CCUA installs meter) $ 550.00
Application Fee $ 30.00
Meter Assembly Base Facility Charge(Per Day; $100 per month/30 days) $ 3.33
Water Usage Charge(Per 1000 gallons) $ 2.54
Meter Setup/Relocation Fee and Fee to Replace Cut Meter Lock $ 30.00
Meter Reading Charge $ 30.00
Field Visit for Meter Inspection Fee *** $ 30.00
Lost Wrench Fee $ 30.00
Meter Assembly Damage Fee—The Greater of either Replacement or $ 130.00
PLAN"A": Security deposit and Application Fee: $ 1,240.00
PLAN"B": Security deposit,Application Fee and Meter Set up Charge: $ 610.00
(***Field visit will be necessary if meter is not brought in for reading by required due date)
49 CCUA RESOLUTION NO. 2023/2024-01
Attachment 3
COMMERCIAL ERC FACTORS TABLE
to
50 CCUA RESOLUTION NO. 2023/2024-01
TYPE OF ESTABLISHMENT COMMERCIAL: ERC Factor
Airports,bus terminals,train stations,port&dock facilities,Bathroom waste only
(a)Per passenger 0.011
(b)Add per employee per 8 hour shift 0.039
Barber&beauty shops per service chair 0.197
Bowling alley bathroom waste only per lane 0.131
Country club
(a)Pcr resident 0.263
(b)Add per member or patron 0.066
(c)Add per employee per 8 hour shift 0.039
Doctor and Dentist offices
(a)Per practitioner 0.657
(b)Add per employee per 8 hour shift 0.039
Factories,exclusive of industrial wastes gallons per employee per 8 hour shift
(a)No showers provided 0.039
(b)Showers provided 0.066
Flea Market open 3 or less days per week
(a)Per non-food service vendor space 0.039
(b)Add per food service establishment using single service articles only per 100 Square feet of floor space 0.131
(c)Pcr limited food service establishment 0.066
(d)For flea markets open more than 3 days per week estimated flows shall be doubled
Food operations
(a)Restaurant operating 16 hours or less per day per seat 0.105
(b)Restaurant operating more than 16 hours per day per scat 0.158
(c)Restaurant using single service articles only and operating 16 hours or less per day per seat 0.053
(d)Restaurant using single service articles only and operating more than 16 hours per day per seat 0.092
t0 (c)Bar and cocktail lounge per seat 0.053
add per pool table or video game 0.039
(f)Drive-in restaurant per car space 0.131
(g)Carry out only,including caterers
1.Per 100 square feet of floor space 0.131
2.Add per employee per 8 hour shift 0.039
(h)Institutions per meal 0.013
(i)Food Outlets excluding deli's,bakery,or meat department per 100 square feet of floor space 0.026
I.Add for deli per 100 square feet of deli floor space 0.105
2.Add for bakcry per 100 square feet of bakery floor space 0.105
3.Add for meat department per 100 square feet of meat department floor space 0.197
4.Add per water closet 0.526
Hotels&motels
(a)Regular per room 0.263
(b)Resort hotels,camps,cottages per room 0.526
(c)Add for establishments with self service laundry facilities per machine 1.971
Mobile Home Park
(a)Per single wide mobile home space,less than 4 single wide spaces connected to a shared onsite system 0.657
(b)Per single wide mobile home space,4 or more single wide spaces are connected to a shared onsite 0.591
(c)Pcr double wide mobile home space,less than 4 double wide mobile 0.788
home spaces connected to a shared onsite system
(d)Per double wide mobile home space,4 or more double wide mobile
home spaces connected to a shared onsite system 0.723
Office building 0.039
per employee per 8 hour shift or
per 100 square fcct of floor space, 0.039
whichever is greater
Transient Recreational Vehicle Park
(a)Recreational vehicle space for overnight stay,without water and sewer hookup per vehicle space 0.131
(b)Recreational vehicle space for overnight stay,with water and sewer hookup per vehicle space 0.197
Service stations per water closet
(a)Open 16 hours per day or less 0.657
(b)Open more than 16 hours per day 0.854
Shopping centers without food or laundry 0.000
per square foot of floor space
Stadiums,race tracks,ball parks per seat 0.011
Stores per bathroom 0.526
Swimming and bathing facilities,public 0.026
per person
Theatres and Auditoriums,per scat 0.011
Veterinary Clinic
(a)Per practitioner 0.657
(b)Add per employee per 8 hour shift 0.039
(c)Add per kennel,stall or cage 0.053
Warehouse
(a)Add per employee per 8 hour shift 0.039
(b)Add per loading bay 0.263
(c)Self-storage,per unit(up to 200 units) 0.003
add 1 gallon for each 2 units or fraction thereof,for over 200 units,and shall be in addition to employees,
offices or living quarters flow rates.
INSTITUTIONAL:
Churches per seat which includes kitchen 0.008
wastewater flows unless meals prepared on a routine basis
If meals served on a regular basis 0.013
t0 add per meal prepared
Hospitals per bed which does not include 0.526
kitchen wastewater flows
add per meal prepared 0.013
Nursing,rest homes,adult congregate 0.263
living facilities per bed which does not include kitchen wastewater flows
add per meal prepared 0.013
Parks,public picnic
(a)With toilets only per person 0.011
(b)With bathhouse,showers&toilets per person 0.026
Public institutions other than schools and 0.263
hospitals per person which does not include kitchen wastewater flows
add per meal prepared 0.013
Schools per student
(a)Day-type 0.026
(b)Add for showers 0.011
(c)Add for cafeteria 0.011
(d)Add for day school workers 0.039
(c)Boarding-type 0.197
Work/construction camps,semi-permanent per worker 0.131
Laundry(Self-service with water efficient commercial washers) 0.520
Automotive Repair&Maintenance Stores 0.500
RESIDENTIAL:
Residences
(a)Single or multiple family per dwelling Unit
1 Bedroom with 750 sq.ft.or less of building area 0.263
2 Bedrooms with 751-1200 sq.ft.of building area 0.526
3 Bedrooms with 1201-2250 sq.ft.of building area 0.788
4 Bedrooms with 2251-3300 sq.ft.of building area 1.051
For each additional bedroom or each additional 750 square feet of building area or fraction thereof in a
sizing shall be increased by 60 gallons per dwelling unit.
(b)Other per occupant 0.131
Footnotes to Table 1:
1.For food operations,kitchen wastewater flows shall normally be calculated as 66 percent of the total
2.Systems serving high volume establishments,such as restaurants,convenience stores and service stations
3.For residences,the volume of wastewater shall be calculated as 50 percent black-water and 50 percent
4.Where the number of bedrooms indicated on the floor plan and the corresponding building area of a
5.Convenience store estimated sewage flows shall be determined by adding flows for food outlets and
6.Estimated flows for residential systems assumes a maximum occupancy of two persons per bedroom.
(2)Minimum effective septic tank capacity and total dosing tank capacity shall be determined from Table
tO
Exhibit "A"
LEGAL NOTICE
NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A PROPOSED RESOLUTION AMENDING CERTAIN RATES AND CHARGES FOR THE CLAY COUNTY UTILITY AUTHORITY.
The Clay County Utility Authority("CCUA")will hold a Public Hearing on Tuesday,September 12,2023,at 7.00 PM,in the Clay County Utility Authority's Board Room,located at 3176 Old Jennings Road,Middleburg Florida,for the
purpose of receiving public comment concerning the adoption of the 2023/2024 budgets.
Note:All service rates are stated as monthly rates.Proposed 8.1%increase to all Base and Consumption charges.All changes noted below.
SYSTEM BASE CHARGES: Water Wastewater Reuse
Meter Size
5/8"x 3/4" $12.28 $27.86 a $18.58
3/4" $18.42 $38.24 $27.91
1" $30.79 $69.65 $46.45
1&1/2" $61.50 $139.28 $92.92
2" $98.43 $222.91 $148.64
3" $196.83 $445.82 $297.28
4" $307.57 $696.37 $464.50
6" $615.12 $1,392.75 $928.99
8" $984.20 $2,228.96 $1,486.40
10" $1,414.79 $3,202.90 $2,136.70
12" $2,642.94 $5,988.47 $3,993.74
`Residential Wastewater will be charged the same rate regardless of meter size
WATER SURCHARGES:
Alternative Water Supply Surcharge-Per Monthly Water Bill $1.18
CONSUMPTION CHARGES(based on 30 days):
Water System Consumption Rates:
Residential Service:
First 6,000 gallons $1.70
Next 6,000 gallons $5.04
Next 6,000 gallons $6.53
All usage over 18,000 gallons $8.37
Note:Consumption charge per 1,000 gallons with allowance per meter equivalent ERC
General Service:
All consumption per 1,000 gallons(Excluding Potable Imgation Meters) $2.54
General Service:
Potable Irrigation Metered Services
First 10,000 gallons $1.70
Next 15,000 gallons $5.04
Next 25,000 gallons $6.53
All usage over 50,000 gallons $8.37
Note:Consumption charge per 1,000 gallons with allowance per meter equivalent ERC
Wastewater System Consumption Rates:
Residential Service:
All Meter Saes(10,000 gallon cap) $4.16
Unmetered Flat Rate $59.84
Multi-family Unmetered per Unit
Note:Note:Where reclaimed water is available the cap for residential wastewater usage will not apply
General Service:
Consumption charge per 1,000 gallons of metered water,no cap $5.07
Reclaimed Water Consumption Rates:
Residential and General Service:
First 15,000 gallons $0.92
Next 5,000 gallons $1.79
All usage over 20,000 gallons $2.71
Note:Consumption charge per 1,000 gallons with allowance per meter equivalent ERC
CUSTOMER DEPOSIT:(per ERC)
Security Deposit Amount: Water Wastewater Reuse
Initial Deposit $25.00 $50.00 $25.00
Initial Deposit for Customers Without SSN $50.00 $100.00 $50.00
Annual Interest Rate of 0.94%will be paid on deposit held at least 6 months
Note:A secunty deposit is required for all new accounts including transfers and existing accounts that become dehnquent and require a field visit.An additional deposit will be required for
accounts that are disconnected twice in one 12 month period.
SERVICE CHARGES&MISCELLANEOUS FEES:
After Hours Prepayment for New Service $250.00
Same Day Service Charge and After Hours Premise Visit Surcharge(Normal Hours 8 AM to 5 PM,M-F) $30.00
Initial Connection,Premise Visit Charge,Normal Reconnection,Reconnection due to Repair,and 2nd Trip $30.00
Special Meter Rereads,Hydrant Reading Charge and Backflow Test Final Notice $30.00
Nonpayment Charge Before 4:00 PM,Monday-Friday $30.00
Nonpayment Charge After 4:00 PM and before 9:00 PM,Monday-Friday $90.00
Nonpayment Charge on Weekends and Holidays $120.00
Nonpayment Charge Flat Rate Sewer Account 8$
Late Notice Charge $30..3000
Returned Check Charge $30.00
Hydrant Meter:Application Set Up,Relocation Charge,and Fee to Replace Cut Meter Lock $30.00
Meter Inspection Fee for New Meter Installations $30.00
Meter Testing Charge(5/8"x3/4"&3/4") (1"&Above Meters:Actual Cost) $70.00
Meter Reset Fee $130.00
Meter Tampering Charge $60.00
Replacement of Broken Curb Stop $80.00
Lien Charge(Charge does not include any recording costs,additional collection fees or attorney fees) $130.00
Violation Reconnection $30.00
Monthly Hydrant Base Charge(plus water at metered rates) $100.00
Hydrant Meter Deposit per Hydrant Policy $550.00 to$1,210.00
Hydrant Meter One-Time Fill at CCUA Main Office(plus water at metered rates) $60.00
Waste Disposal Deposit per Septage Haulers Disposal Deposit Policy
Building Water Monthly Charge All Systems(Un-metered used during construction) $70.00
Wholesale Reclaimed Water Usage Charge Per 1,000 Gallons $0.52
Waste Disposal From Portable Toilets,Septic Tanks,and Landfill Lechate at Sewage Treatment Plant Per 1,000 Gallo," $110.00
Processing fees to CCUA for Potable Water(Public water surety)Distribution and Transmission System Permits $280.00
Processing fees to CCUA for Domestic Wastewater Collection/Transmission System Permits $280.00
Processing fees to CCUA for Permit Modifications $60.00
Energy Surcharge(to be assessed based on a formula)when actual energy sensitive operating expenses exceed budgeted energy sensitive expenses
Account collection fees and/or costs incurred by CCUA in the course of collecting delmquent balances,which maybe based on a percentage at a maximum of 40%of the debt,and all costs and expenses,including reasonable attorneys'
fees,which CCUA incurs in such collection efforts,will be paid,in addition to the original balance due,by the customer responsible for the delinquent balance.
SERVICE AVAILABILITY CHARGES:
Water Capacity Charge Per ERC $450.00
Alternative Water Supply Charge Per ERC $388.01
SJRWMD Black Creek Water Resource Development Project Connection Charge Per ERC $105.19
Wastewater Capacity Charge Per ERC excluding Keystone included in FDEP Grant SG481030 and LP0512 $4,100.00
Reclaimed Water Capacity Charge Per ERC For Developments with Reclaimed Water Piping Systems $300.00
Surcharge for Development of Reclaimed Program(Applicable To All Developments That Do Not Install Reclaimed Piping Systems) $410.00
Debt Service Charge Per ERC $191.00
Fire Protection-Initial Charge(Per Gallons Per Minute"GPM"Flow) $15.81
Inspection,Plan Review,As-built Drafting,and Recording Fees Actual Cost
Potable Water Meter,with Backflow Device(5/8"x3/4"Meter with other sizes at cost)Includes Meter Box $483.47
Reclaimed Water Meter(5/8"x3/4"Meter with other sizes at cost)Developments with Reclaimed Water Piping Systems&Includes Meter Box $417.33
As defined in Rate Resolution:
Supplemental Developer Agreement Administrative Charge $100.00
Financed Developer Agreement Administrative Charge $100.00
Flex Space Meter Audit(2nd and subsequent trips)-$50.00,plus$75.00,per hour in excess of.75 hours per trip
Master Meter Violation Charge,where applicable $500.00
Carrying Charge for Middleburg Service Area Policy and Infill Policy 2.20%
Finance Charge 3.69%
Middleburg Service Area Development Policy-Distribution and Collection Infrastructure Charge Per Acre
Water $5,692.00
Wastewater $10,911.00
LAMPA Infrastructure fee per ERC
Potable Water $839.00
Reclaimed Water $1,068.00
Wastewater $890.00
Additional information on the proposed rates,charges,and fees is available for inspection in the office of the Clay County Utility Authority at 3176 Old Jennings Road,Middleburg,Florida,Monday through Friday;8:00 AM to 5:00 PM,
except legal holidays.Following the Public Hearing,which may be adjourned from time to time,the Board of Supervisors may adopt or modify the proposed rates,charges,and fees.
In accordance with the Americans With Disabilities Act,any person needing special accommodation to participate in this matter,should contact the Clay County Utility Authority by mail at 3176 Old Jennings Road,Middleburg,Florida
32068-3907,or by telephone at(904)272-5999,extension 2464,no later than 7 days prior to the hearing or proceeding for which this notice has been given.Those requiring auditory assistance can access the foregoing telephone number by
contacting the Florida Relay Service at 1-800-955-8770(Voice),or 1-800-955-8771(TDD).
If any person intends to appeal any decision related to this action,such person will need to provide a court reporter at such person's own expense,for a transcript of the proceedings.All interested persons are invited to attend.
CLAY COUNTY UTILITY AUTHORITY
Jeremy Johnston,Executive Director