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Home My WebLink About07-184 : ðr1 k fYlf/!J r:;n p. ¿"I~ US!) RESOLUTION NO. 07 - 184 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CORRECTING A SCRIVENOR'S ERROR ON RESOLUTION 07-154 SITTING AS THE BOARD AND AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE ADJUSTMENT OF WATER, WASTEWATER, AND REUSE UTILITY RATES, FEES AND CHARGES FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the St. Lucie County Board of County Commissioners ("Board") created the St. Lucie County Water and Sewer District ("District") for the purpose of providing water, wastewater, and reclaimed water service within the boundaries of the District; and WHEREAS, on August 2, 2005, in Resolution No. 05-277, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established the existing water, wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers ofthe District ("2005 Rate Resolution"); and WHEREAS, the Charter of the District, Section 4.03(E), provides: (E) The rates, fees and charges of the District shall be automatically increased without further action of the District Commission based upon the application of the Florida Public Service Commission utility price indices, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.08 I (4)(a), as amended, to the then existing rates, fees and charges of the District. Prior to application of this automatic cost escalation provision, the District Utility Director shall submit to the Commission at a Commission meeting a report detailing the amount of the escalation and the new rates as revised. Unless the Commission votes to withhold the automatic cost escalation, the District's rates, fees, and charges tariff shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Commission's meeting. The rates, fees and charges of the District shall further be automatically increased without further action of the Commission based upon the implementation of a rate increase to the Commission by any utility which provides utility service to the Commission, or upon implementation or increase of any taxes or PILOT levied by a G:\Uti1ityIRate Resolution\4-07 governmental authority against the Commission, or upon an increase of costs incurred for water quality or wastewater quality testing required by the Department of Environmental Protection. Prior to application of this automatic cost escalation provision, the District Utility Director shall submit to the Commission at a Commission meeting a report detailing the amount of the escalation and the new rates as revised. Unless the Commission votes to withhold the automatic cost escalation, the District's rates, fees, and charges tariff shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Commission's meeting. Notwithstanding the provisions of Section 4.03(C) hereof, no public hearing shall be required for the automatic adjustments set forth in this section (E); and WHEREAS, the District receives water and wastewater utility service from the Ft. Pierce Utility Authority ("FPUA"), and the FPUA has implemented increases in the rates, fees and charges levied against the District for such utility service, copies of which increases are attached to this Resolution as Exhibit "I" ("FPUA Adjustments"); and WHEREAS, the Florida Public Service Commission has established utility price indices since the adoption of the 2005 Rate Resolution, copies of which price indices are available for review by the public in the District utility office ("PSC Adjustments"); and WHEREAS, the Commission, on the advice and recommendations of its Utility staff and technical advisors, finds that the adjusted Schedule of Rates, Fees and Charges for present and future customers of the District set forth in the attached Exhibit "2" ("2007 Rate Schedule"), correctly implements the provisions of Section 4.03(E) of the District Charter to incorporate the FPUA Adjustments and the PSC Adjustments, and finds that such adjusted 2007 Rate Schedule is just and equitable and in the public interest; and WHEREAS, the Commission provided written notice of the proposed Schedule of Rates, Fees and Charges for the District to the utility customers within the District; the notice set forth the date, time and place of the meeting of the Commission at which such G:\UtilityjRate Resolution\4-07 proposals would be considered and whereby interested parties had an opportunity to be heard concerning the 2007 Rate Schedule. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Board and as the Commission of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF 2007 RATE SCHEDULE FOR THE DISTRICT. The 2007 Rate Schedule is hereby adopted in accordance with Section 4.03(E) of the District Charter. The 2007 Rate Schedule shall be effective commencing with the first billing cycles after the effective date of this Resolution and with the first billing cycles in September 2007. Section 2. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of their Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Resolution. Section 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption (the "Effective Date"). Section 4. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Chris Craft Vice Chairman Joseph Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande AYE AYE AYE AYE AYE G:\UtilityIRate Resolution\4-07 PASSED AND DULY ENACTED this 1st day of May, 2007. ATTEST: BOARD OF COUNTY COMMISSIONER ".", ST a COUNTY, FLOR!DA (¡} - ~(. - / B' c,'~~- ~uty Clerk· APPROVED AS TO FORM AND CORREC NESS: BY: EXHIBIT "1" FPUA RATE ADJUSTMENTS (see Resolution 07-154) EXHIBIT "2" SCHEDULE OF RATES, FEES AND CHARGES (see Resolution 07-154) G:\Utility\Rate Resolution\4-07