HomeMy WebLinkAbout13-133RESOLUTION 13-133
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS SITTING AS THE COMMISSION
OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT,
AUTHORIZING THE REVISIONS OF THE UNIFORM
EXTENSION POLICY 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 Count}~ Board of County Commissioners ('Board") created the St. Lucie
County Water and Sewer District ("District~') for the purpose of providing water,
w~astewater, and reclaimed ~~ater service within the boundaries of the District; and
WHEREAS, on October 23, 2012, in Resolution No. 12-173, the Board, sitting as
the Commission of the St. Lucie Counri~ Water and Sew~er District ("Commission")
adopted the amended Uniform Utility Service and Extension Policies for the utilit}
ser~~ices furnished to the customers of the District with an effective date of Januarti~ 1.
2013; and
WHEREAS, on December 18, 2012, in Resolution No. 12-219, the Board, sitting
as the Commission of the St. Lucie County Water and Se~~er District ("Commission")
adopted the amended sections of the Uniform Extension Policv for the utilit}~ ser~~ices
furnished to the customers of the District ~~ith an effecti~~e date of February~ 1, 2013; and
WHEREAS, the Board, on the ad~~ise and recommendation of its utilit~~ staff and
technical ad~~isors has established the revision to the Uniform Extension Policy (Exhibit
"1") for customers ~~ithin the District and finds that such re~~isions are just and equitable
and in the public interest.
\i&S Dutnct Re~ued l'EP Resolution
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie
Countv Water and Sewer District:
Section 1. ADOPTION OF 2013 REVISION TO THE UNIFORM
EXTENSION POLICY FOR THE DISTRICT. The 2013 revision to the Uniform
Extension Policy for customers within the St. Lucie County Water and Sew~er District to
be serviced by the District utility system is hereby adopted.
Section 2. SEVERABILITY. If any section, paragraph, sentence, clause,
phrase, or ~vord of their Resolution is for any reason held by a court to be
unconstitutional, inoperati~~e, or void, such holding shall not affect the remainder of this
Resolution.
Section 3. EFFECTIVE DATE. This Resolution shall become effecti~~e
August 6, 2013 (the "Effective Date").
Section 4. ADOPTION. After motion and second, the vote on this Resolution
~~ as as follo~~ s:
Chairman Tod Mowerti~
AYE
Vice Chair Frannie Hutchinson AYE
Commissioner Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
Commissioner Kim Johnson
PASSED AND DULY ENACTED this 6`h da}' of August, 2013.
AYE
~'c~S District Re~ised L'EP Resolution
~EST:
,
_~, ~~ ~~,~ L Gl- ~ N C~
~ty Clerk ,
~ , ~
BOARD OF COUNTY COMMISSIONER
ST. LUCIE COUNTY, FLORIDA
`~'~-d
BY:
Chairman
~ APPROVED AS TO FO AND
' CORRECTN~S : ' ~~
BY: ~,U~~~~! ~
County Attorne~'
EXHIBIT "1"
UNIFORM EXTENSION POLICY REVISION
EFFECTIVE AUGUST 6, 2013
~\ ekS District Re~ ised l EP Resolution
EXHIBIT `'1"
Uniform Extensio~ Policv
Final Revised Section 1.A:
1.A.3. Limited Refund Upon Denial of Zonin~/Land Use Annrovals
In the event that a Property Ow~ner voluntarily requests to enter into an SDA with the District, and pay~s
all of the applicable rates, fees and charges due to the District pending a Development Appro~~al, the
District may enter into a SDA w~ith an effective date as of the receipt by Property Owner of the
Development approval. If the Development Approval request is withdrawn, or Development approval
is denied by the St Lucie County Board of County Commissioners (after all appeals periods have
lapsed or if appealed, all appeals have been denied), the SDA shall be terminated automaticallti~ and of
no force and effect, and Property~ Owner shall request in writing that all fees previously paid to the
District, for Capital improvements by and for the District only, by the Property Owner pursuant to an
SDA, except the recording fee, the administrative review~ fees, and if applicable, any funds used to
design, construct and inspect offsite facilities for the proposed de~~elopment, providing the Property
Owner directs the District to design, construct and inspect any offsite facilities related to the project,
shall be refunded ~~~ithin ninety (90) days of receipt of w~ritten request by Property Owner.
Reimbursable costs ~~ould be determined during the development of the SDA and referenced in
Exhibit B Schedule of Fees. Under Special Conditions in the SDA, if applicable, refund of Capital
Connection Fees that may be required to be paid to a bulk supplier will be addressed. Under Special
Conditions in the SDA, if applicable, requirements would be identified regarding any non-refundable
capital requirements by Property Owner to service the project/property to be undertaken by the District
prior to Development Approval. Existing SDAs that have received Development Approval and that
are in compliance with the requirements of the Uniform Extension Policy, including pay~ment of
connection fees, guaranteed revenue fees and SDA renew~al payment, as applicable, w~ill not be
required to pay retroactive connection fees.
8/06/2013