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HomeMy WebLinkAbout09.e EDB MSA 25.26 Annual Update EXECUTIVE SUMMARY AGENDA ITEM: Middleburg Service Area Development 2025 Annual Updated Acreage Charge BACKGROUND: The Middleburg Service Area("MSA")was developed to provide water and wastewater services to existing and future commercial developments within the area outlined in the attached boundary map. In accordance with the 1999 Middleburg Service Area Policy, Clay County Utility Authority (CCUA) recovers infrastructure investment costs through an acreage-based allocation. This allocated charge is reviewed annually in June/July to reflect inflation and the carrying costs associated with CCUA's capital investments. Consequently,the acreage charge increases incrementally each year. The table below outlines the historical modifications to the acreage charges over the past four years. Schedule of Modification to Acreage Charge* Fiscal Year Water Wastewater Total Acreage Difference Charge +/- 2025/2026 $11,134 $16,934 +$172 2024/2025 $5,744 $11,018 $16,762 +$159 2023/2024 $5,692 $10,911 $16,603 +$168 2022/2023 $5,637 $10,798 $16,435 +$169 *Per Acre/Pro-Rata Share The charges are in accordance with CCUA policy and are submitted for the Board's tentative approval.Upon tentative approval, these updated charges will be included in the FY 2025-2026 rate book in preparation for the public rate hearing and the Board's final approval. RECOMMENDATION: Staff respectfully recommend that the Board of Supervisors tentatively approve the Middleburg Area Service charges for CCUA's Fiscal Year 2025/2026 budget: $5,800 for water and $11,134 for wastewater. ATTACHMENTS: MSA Development Policy MSA Boundary Map MB/06/17/2025 • RESOLUTION NO. 98/99-10 A RESOLUTION OF THE CLAY COUNTY UTILITY AUTHORITY (THE "AUTHORITY") FORMALLY ADOPTING THE AUTHORITY'S MIDDLEBURG SERVICE AREA DEVELOPMENT POLICY; SUPPLEMENTING AUTHORITY RESOLUTION NO. 98/99-01, RELATING TO THE AUTHORITY'S AUTHORIZED RATES, FEES AND CHARGES AND SERVICE AVAILABILITY POLICY,BY THE FORMAL ADOPTION OF THE AUTHORITY'S MIDDLEBURG SERVICE AREA POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors of the Authority, after having complied with the public notice and public hearing requirements imposed upon it by applicable law, approved by its informal action the adoption of amended and restated rates, fees and charges for fiscal year 1998/1999, at a public meeting of the Board of Supervisors on September 15, 1998; and WHEREAS, by its adoption of Resolution No. 98/99-01 (hereinafter, the"Rate • Resolution") on October 6, 1998, the Board of Supervisors for the Authority formalized its prior informal action approving the 1998/1999 rates, fees and charges for the Authority, and adopted the Authority's Service Availability Policy as a part thereof; and WHEREAS, by its adoption of Resolution No. 98/99-07 on January 5, 1999, the Board of Supervisors for the Authority adopted a technical amendment to the Rate Resolution, by correcting the fees and charges imposed and collected by the Authority for the installation of potable water meters and reuse water meters; and WHEREAS, by its adoption of Resolution No. 98/99-08 on April 6, 1999, the Board of Supervisors for the Authority adopted a further amendment to Rate Resolution, by deleting the category and fixed unit factor value for Hotel/Motel establishments(not including food service, banquet, meeting rooms and guest laundry facilities)from Section 12(1) of the Rate Resolution; and WHEREAS, by its informal action on December 15, 1998, the Board of Supervisors for the Authority initially approved the creation of an In-Fill Projects Fund, and adopted a policy statement with respect thereto; and • Page 1 of 4 CCUA RESOLUTION NO. 98/99-10 111 WHEREAS, by its further informal actions on March 16, 1999 and April 6, 1999, the Board of Supervisors for the Authority approved the amendment of the In-Fill Projects Fund Policy to provide for charging and collecting of a calculated percentage of facilities extension costs and carrying costs to customers connecting to projects financed by the In-Fill Projects Fund; and WHEREAS, after complying with applicable public notice and public hearing requirements, by its adoption of Resolution No. 98/99-09 on May 4, 1999, the Board of Supervisors formally adopted and amended its In-Fill Projects Fund Policy as a supplement to Resolution No. 98/99-01, the Authority's Rate Resolution and Service Availability Policy (hereinafter, the"Rate Resolution"); and WHEREAS, by its adoption of Resolution No. 98/99-06 on January 5, 1999;;-iiteaBoard of Supervisors of the Authority approved the acceptance of the transfer of the Ravines PUD water and wastewater systems and facilities; and WHEREAS, the acceptance of such systems and facilities, and the anticipated expansion thereof by the Authority, enables the Authority to extend and offer central water and wastewater service to the commercial and certain residential portions of the unincorporated community • known as Middleburg, Florida, which has already, and continues, to develop as a population and business center in Clay County; and WHEREAS, the commercial and certain residential portions of the Middleburg community with frontage on State Road 21 (i.e., Blanding Boulevard) and County Road 218, have developed as an urban service area to date through the use of wells, privately-owned"package"water treatment plants, privately-owned"package"wastewater treatment plants, drain fields, septic tanks and the like, the proliferation of which threaten the overall quality of water and other natural resources of Clay County, and therefore threaten the public health, safety and welfare of the citizens of Clay County, Florida; and WHEREAS, the continued growth of the Middleburg urban service area without the development of infrastructure for provision of central water and wastewater service and facilities, will make the future retrofit of such necessary infrastructure and facilities after the fact cost prohibitive and infeasible; and 98/99-10 • Page 2 of 4 CCUA RESOLUTION NO. • • WHEREAS, a public benefit will be served by the Authority taking immediate action to extend its water, wastewater and, when available, reuse water facilities and services to the Middleburg urban service area, and to offer to amortize the extension and certain related service availability connection costs to users who voluntarily connect to the Authority's system and thereby disconnect from and discontinue use of private package plants, septic tanks and drain fields; and h Authority desires to create a specific service area to provide service to, WHEREAS, the ut y p which will be known as the"Middleburg Service Area", and to adopt a specific development policy to be implemented immediately in order to extend central water and wastewater service, and when available, reuse water, to the Middleburg community; and WHEREAS, to the extent that such action may constitute the creation or increase.oldie- rates, fees and charges imposed by the Authority, the Authority has duly noticed its formal adoption of the proposed Middleburg Service Area Development Policy for consideration at a Public Hearing scheduled for 2:30 p.m. on May 18, 1999, thereby supplementing the Rate Resolution by the express terms thereof; and WHEREAS, as a result of its discussion and informal direction to Authority staff for a revision in the financing provisions of the proposed policy at the May 18, 1999, the Board of • Supervisors, upon completion of such hearing, and by its final review and approval of the revised proposed policy, has by its formal action this date determined that it is in the best interest of the Authority, its ratepayers, and the citizens of Clay County, Florida, to adopt the Authority's Middleburg Service Area Development Policy in the form attached hereto. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY,AS FOLLOWS: Section 1. The Middleburg Service Area Development Policy in the form attached hereto, is hereby adopted as the current Middleburg Service Area Development Policy of the Authority. Section 2. The Rate Resolution is hereby supplemented by the adoption of this Resolution No. 98/99-10, and in the event of any conflict between the provisions of the Rate Resolution and the provisions of this resolution regarding the administration of the Authority's Middleburg Service Area Development Policy, and any facilities extensions, connections and/or projects financed thereunder, the provisions of this resolution shall control. • Page 3 of 4 CCUA RESOLUTION NO. 98/99-10 • Section 3. This Resolution No. 98/99-10 shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of June, 1999. CLAY COUNTY UTILITY AUTHORITY By: W17/ R.H. Kart, airman Board of Supervisors ST: • Secretary,Board of Supervisors (Seal) • Page 4 of 4 CCUA RESOLUTION NO. 98/99-10 • • MIDDLEBURG SERVICE AREA DEVELOPMENT POLICY This policy is intended to be a supplement to the Clay County Utility Authority's Service Availability Policy, for the purpose of establishing a fair and equitable way to assess main extension charges for the trunk water and wastewater mains and pumping stations necessary to provide service to the Middleburg Service Area(MSA), as defined in Clay County's Future Land Use Policies 3.11 and 1.5 (see Exhibit A). This policy is necessary due to the significant off-site extension from The Ravines Water and Wastewater Treatment Plants to the MSA and the wastewater pumping stations required to service this area. It is also necessary in order to put the Clay County Utility Authority in the best position to provide extensions as needed. Budget restraints and financial feasibility will remain items that the Clay County Utility Authority will consider on each phase of this development. 1. Intent: It is the intent of the Clay County Utility Authority to extend trunk water and wastewater mains to all developable areas within the MSA, subject to budget restraints -an - iancial feasibility and that a cost recovery program be established to equitably —. � spread the cost of the Distribution and Collection System Infrastructure to all properties receiving the benefit of the service. 2. Applicability: This policy shall apply to all of the properties within the MSA. 3. Cost Recovery System: In order to equitably allocate the costs, it was essential to establish a preliminary trunk main alignment and system design and based on that design, II/ to establish a cost estimate to serve the entire MSA. It is understood that future development obstacles, rights-of-way acquisition problems, site acquisition, and development patterns may alter the final design, location, and routing of these distribution and collection systems, however, we believe that the cost estimate established herein is a fair representation of the infrastructure cost for the MSA. The preliminary design is attached as Exhibit B. The infrastructure cost estimate for the MSA is established in the recap attached as Exhibit C (detail cost estimate supporting Exhibit C are available in Clay County Utility Authority's files). The MSA acreage is estimated at 430 acres. The cost recovery acres are established at 90% of the total acreage in the amount of 387 acres (430 total acres x 90%). Based on the total cost estimate in Exhibit C of $5,032,500.00 and the recoverable acres of 387, the initial distribution and collection system infrastructure charge per acre will be established at $13,004.00 per acre. Modification of the cost per acre will occur annually to reflect inflation and carrying cost (or lost return) for Clay County Utility Authority's investment in the infrastructure and actual vs. estimated cost (when appropriate comparison can be made for the differential between the actual cost vs. the estimated cost) used herein as follows: a. Inflation: A consumer price index will be selected that most closely represents cost increases and inflation influences on capital installations such as water and wastewater distribution and collection system extensions. Once established, the index will be used annually to establish the inflation percentage applicable to the remaining undeveloped portions of the infrastructure. The inflation percentage will be applied to the remaining undeveloped portion of the system and the annual • inflation factor will be added to the remaining cost to be recovered. 1 • • MIDDLEBURG SERVICE AREA DEVELOPMENT POLICY, CONTINUED b. Carrying Cost: The Clay County Utility Authority's average out of pocket investment in the infrastructure will be established annually and the carrying cost will be calculated based on the higher of the Clay County Utility Authority's Florida Department of Environmental Protection State Revolving Fund debt interest rate for the year or the State Board of Administration's average return paid for the immediate prior year on Clay County Utility Authority's investments. This carrying cost will be established and will be added to the balance to be recovered. c. Estimated Cost vs. Actual Cost: From time to time, when actual development phases most nearly coincide with the phasing used in the initial cost estimates, the _- - staff shall analyze the actual infrastructure cost vs.....tP estimated infrastructure cost for development to date and may include this cost adjustment in the annual modification to the acreage allocation. d. Examples: A hypothetical example of the annual modification to this cost allocation is presented in Exhibit D, attached hereto. e. Timing of Annual Adjustment: The inflation, carrying cost, and actual vs. estimated cost adjustments, will be established on July 1 of each year and will be • presented at the Clay County Utility Authority's Annual Budget and Rate Increase Public Hearings for consideration and action by the Clay County Utility Authority's Board of Supervisors. 4. Rights-of-Way — The Clay County Utility Authority has made it a policy that where utility extensions occur adjacent to major highways, it will use its best effort to secure easements to accommodate such extensions. This is considered prudent due to the likelihood that future road projects will displace or require very expensive relocation of utilities placed within the rights-of-ways. In keeping with this standard, the Clay County Utility Authority will require developments covered by this policy, which fronts on County Road 218 and State Road 21 to provide easements to the Clay County Utility Authority to accommodate its utility extensions. In the event Clay County Utility Authority has to compensate a particular property owner (who may not need service at that time) in order to acquire an easement, then the amount of such compensation plus carrying cost on the investment will be added to the service availability charges assessed when that property develops in the future. 5. Other Charges—This policy is designed to create an equitable allocation of the cost of the extension of the Clay County Utility Authority's water and wastewater distribution and collection system through the MSA and is not intended to replace any of the other charges covered by the Clay County Utility Authority's current Service Availability Policy. Therefore, all other service availability charges, including connection charges, • 2 • MIDDLEBURG SERVICE AREA DEVELOPMENT POLICY, CONTINUED meter installation charges, inspection fees, plan review fees, fire flow connection fees, etc. shall remain applicable to projects within the MSA. 6. Special Provisions: a. Existing Residential Houses — Where property owners live in existing residences within the MSA, the Clay County Utility Authority will not require their connection to the Clay County Utility Authority's system when service becomes available. However, optional connection is available at that time, and as an incentive for the owner to disconnect and discontinue its use of any existing package plants, drain fields, septic tanks and the like, if the property owner elects to connect to the Clay County Utility Authority's water and wastewater service when available to the property, the service availability charges, including acreage allocation, will be determined, assessed and financed by the Clay County Utility Authority over a ten (10) year period, plus financing costs, as provided in Paragraph 6.d., below, adjusted annually on each July 1st. A periodic payment (monthly or quarterly) equivalent to the payment required to retire the indebtedness will be added to each utility bill for the following ten (10) year period. Should the existing residence not connect to the Clay County Utility Authority's water and wastewater systems, then any new improvements • constructed on the subject parcel for commercial use then shall be subject to the provisions of Paragraph 6.b., below, and any converted residential structure put to commercial use then shall be subject to the applicable provisions of Paragraph 6.c., below. b. Existing Commercial Developments—The Clay County Utility Authority will not require existing commercial developments to connect to the Clay County Utility Authority's system when service becomes available. However, optional connection is available at that time, and as an incentive for the owner to disconnect and discontinue its use of any existing package plants, drain fields, • septic tanks and the like, if the property owner elects to connect to the Clay County Utility Authority's water and wastewater service when available to the property, the service availability charges, including acreage allocation, will be determined, assessed and financed by the Clay County Utility Authority over a ten (10) year period of time, plus financing costs, as provided in Paragraph 6.d., below, adjusted annually on each July 1st. A periodic payment (monthly or quarterly) equivalent to the payment required to retire the indebtedness will be added to each utility bill for the following ten(10) year period. c. Undeveloped Property— Service availability charges will not be assessed until the property develops. As no existing package plants, drain fields, septic tanks or the like would be in service at the time of connection to the Clay County Utility 111 Authority's system, the Clay County Utility Authority will not offer financing of 3 • MIDDLEB URG SERVICE AREA DEVELOPMENT POLICY, CONTINUED service availability charges, including acreage allocation, as an incentive for connection to the Clay County Utility Authority's system. The acreage, subject to this Policy, shall include all acreage which is a part of the development and which is used by the development, including retention ponds, paved driveways, parking areas, building areas, landscaped areas, storage areas, etc. Any property left in its natural state or which is not used as part of the development will not be assessed the acreage charge until such time as it becomes part of a future expansion or a separate future development. Areas which are located in the flood plain or which are classified as wetlands will not be assessed an acreage charge. Any wetland area which mitigated and is converted to developable acreage would be included in the acreage assessment under this Policy. d. -Financing Costs—The financing cost (Interest Rate) is to be established based on the following priority as applicable to the specific situation from time to time. The rate shall be: 1. 1-1/2% above the True Interest Cost (TIC) of the transaction which financed the project, or 2. 1-1/2% above the TIC of the most recent capital financing transaction of the Clay County Utility Authority, or 1111 3. 1-1/2% above the variable rate of the Bond Market Association Municipal Swap Index (formerly PSA) at the web site www.bondmarkets.com/research/psaswap.shtml 7. Pump Station Sites - Clay County Utility Authority will negotiate for and acquire all necessary pump station sites to fulfill the Master Plan since these facilities will benefit all users. 8. Limitations—Service will be extended within close proximity of all portions of the MSA, but will not necessarily be extended to each lot. The developer shall bear the cost of all on-site installations and off-site extensions to the nearest connection point. For certain situations where future developments are likely, and there is sufficient demand for service, the Clay County Utility Authority may elect to invest in infrastructure extensions on a cost sharing basis. Gravity sewer service will be available to most areas but will not be guaranteed. 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