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03-150
RESOLUTION NO. 03-150 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA REVISING THE UNIFORM SERVICE POLICY )'OR THE ST. LUCIE COUNTY UTILITIES NORTH COUNTY UTILITY DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, (the "Board") adopted Resolut-on No. 99-106, which established the North County Utility District Uniform Service Policy; and WHE ~REAS, the 3oard, on the advice and recommendation of its utility staff and technical advisors, finds that the revisions to the North County Utility District Uniform Service Policy as attached to ttfis Resolution are just and equitable and in the public interest; and NOW, THEREI~ORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. The revisions to the North County Utility District Uniform Service Policy atlached to tl~s Resolution are hereby adopted. Section 2. This Resolution shall take effect immediately upon passage. After motion and second, the vote of this Resolution follows: Chairperscn Cliff Barnes AYE Vice Chaimaan Paula A. Lewis ABSENT Commissioner John D. Bruhn AYE Commissioner Frannie Hutchinson ABSENT Commissicner Doug Coward AYE PASSED AND DULY ADOPTED this 15th day of July, 2003. ATTEST: De , ,~,~ BOARD ~FCOUNTY C~ONERS *,,.sr. LUCIE COUNTY, Ch~ FORM )~E~NESS: County Attorney North County Utility District Minor corrections to the Uniform Service Policy as follows: Page 1, Section 2.0- BASE FACILITY CHARGE- (BFC)- A monthly charge which represents a per customer share ora portion of the fixed and non-variable cost of service availability. Page 9, Section 15.0~ BILLING PERIODS- Bills for water and/or wastcwater service will be rendered monthly. Bills are due when rendered and shall be considered as received by the customer when delivered or mailed to the customers water and/or wastewater service address or some other pla¢~ address mutually agreed upon in writing witlx thc District. Pagel3, Section 30.0- METERS- All water meters shall be furnished by and remain the property of the Dist:ict and shall be accessible and subject to-is it's control. The customer shall provide meter space to the District at a suitable and readily accessible location and, when toe District considers it advisable, within the premises to be served. The customer shall also provide adequate and proper space for the installation of meter boca boxes and other similar devices. JoRnne Holman, Cier_.k ~ the Gircuit ~ourt - ~t. Luci~ ~ountz Fila Number:~'~.~ OR R~corded: 05-28-9~ 01:15 RESOLUTION NO. 99-106 A RESOLUTION OF TI-lB COLrNTY CO1VIMISSIONBRS OF ST. LUCIE COLrNTY, FLORIDA, ADOPTING AND ?LrITiNG .INTO EFFECT A UNIFORM SERVICE AND A UNIFORM EXTENSION POLICY FOR TtIE NORTH COUNTY UTILITY DISTRICT, AND PgOVID!NG AN EFFECTIVE DATE. ~, the Board of County Cor=rM~s~oncrs of St Lucre County, Flo~da, "Bo~rd") has conclud~ ~ it is in the best intcre~ of the public to acqu/m the w~-t~w~ smd re~s¢ u-ility facility of Pfoliday Pines S~-~ic~ Corporation (~he "Facilities:); md ~AS, th~ Bosrd, in conjunction vrkh ~he acqui~'tion of thc Facilities, must establish ~rn~¢Oz~ policies for s~wic= smd for ~s/on of s~vic~ by the North County U~dty Dis=ici (th~ "Dis~ct"): WHEREAS, thc Board, on the advice and rcco~end~on of its tecb=~¢al advisors, finds tha~ the service m~d ext~ion policies set forth in ~he a~ached Schedule ars just and equitable and in thc pubJJc interest NOW, ~ORB, BE IT RESOLVED BY ~ BOARD OF COUNTY .... COMMISSIONERS Ot{ ST. LUClE COUNTY, FLORIDA: ..................................... Section i. That the Noxth County Distzict Unifoms Se~,ice PoHcy and Uniform Ext~'on Policy altach~ to this Eesolution are hereby adopted. Section 2. Th/s Resolution shaJ/take offect immediately upon passage. ChaS:mm PauIa A. Lewis V~ce-Ch~vma~ .Tolm Br~t~n C ov~wi~ioncr Cliff B ames Cov~v~¢sioncr Dong Cowa~i Co-,-,~¢~ion~ Yramai¢ I-tutct~n~on AY~ AYE AYE ATE AYE PASSED A2qD ADOPTED this ~ R~-~ DAY OF MAY, 1999. BOARD OF COUNTY CO~h'VlS~ . ?- ~_ ST. LUC-~ COUNTY, ~LOR~DA w' ''?: :! :' ,.*'-'~%<~>."!'"' :'~ :... ~...~'.. ~:,~?-..:...: . ~ ~ ' ,~?;~S ,'?. :.. ~:" ' .' , ~ ~ ~. ~- -~. ;~, ....- , . . By: ~ . ~?':'-.J::.. ~': OR BOOK !225~ 'PA~ ST. LUCIE COU1NTY UTilITIES 1NOI~_~H COb-NTY UTrr ~ITY DISTRICT SERVICE POLICY 1.0 2.0¸ 3.0 4.0 5.0 TE~HNtdAL T~R~ AND BAC~LOW PREV~NTER - A device installed to prevent contaminants of any Idnd from entering the potable water supply system. BASE FACILITY CNAt~GE - (BFC) - A monthly charge which represents a per customer share of a portion of the fixed and nonvadable cost of providing service. CONSUMER -The ~erson, firm, association, corporation, governmental agency or other entity or organization supplied with water and/or Wastewater service by the District. CUSTOMER - The ~erson, firm, association, corporation, government'.agency or other entity or organization who has entered into an agreement to receive water and/or wastewater service from the DisMct and who is liable for the payment of thst water and/or wastewater service and shall abide by ail the District's Rules and Regulations. CUSTOMER'S WASTEWATER INSTALl AT1ON - All pipes, ~K'tings, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of an instailai~on for d. isposing sewage located on the customer's side of "Point of Colleddonr whether such installation is owned by customer, or used by consumer under lease or otherwise. 6.0 CUSTOMER'S WA-ER INSTALl ATION - All pipes, fittings, valves, fixtures and - ' appliances or apparatus of every kind and nature used in connection with or forming a part of an installation for utili~Jng water far any purpose ordinarily located on the customer's side of "Point of Delivery", whether such installation is owned by customer or used by consumer under lease or otherwise. 7.0 DISTRICT - North County Utility District. 8.0--DOMESTIC WAST;-1/VATER----Wastewater-genereted by-dwellings, business buildings, institutions, and the like. :. 9.0 EQUIVALENT RESIDENTIAL CONNECTION (ERC) - A unit of water and wastewater trest~ner t facilities necessary to deliver to a prospective customer, 250 gallons of water per average day, and 250 gallons of wastewater per average day. All non-residential uses are c~nverted to EP, Cs by dividing their respective demands by the units of capacity set forth above. Master metered multi-family dwellings are deemed to have a oomestic service demand of 250 gallons of water per day, per dwelling un~ with al e~ernal or irrigation uses calculated separately. 10.0 GENERAL SERVICE - For water or wastewater service for ail purposes for customers who do n3t qualify for residential or multi-family services. 11.0 12.0 OR BOOK 1225 RASE GREASE TP-.APtOI'. SEPARATORS - A device for separation of grease, oil or similar deleterious substances from wastewater by flotation, so that it can be removed from the svrface pdor to discharge into a sanitary wastewater system. HA?~,RDOUS WASTE - Any substance, waste or product that is potentially damaging to environmental health because of to,city, ignitability, cormsivity, chemical reactivity, radioactMty, infectious characteristics, or any other reason. 13.0 INDUSTRIAL WA~I"EWATER - Wastewater generated by industrial source processes including reject water from reverse osmosis treatment units .. 14.0 METER - Device used to measure water delivered to a customer by the District. 15.0 POINT OF CONNECTION -The point where the District's main collector pipes are connected with pipes of the customer. 16.0 POINT OF DELIVERY - The point where the District's pipes (mains) or meters are connected to pipes cf the customer, or customer's property line if so designated by District. 17.0 POTABLE WATER. Water that is considered satisfactory for domestic use. 8.0 · RATE RBSOLUTIO ~I - The resolution of the St tucie County Board of County Commissioners adopting rates, fees and charges for the District, as amended from time to time. 19.0 RECLAIMED WATER MAIN - A pipe, conduit, or other facility installed to convey reclaimed water to indMdual service lines or to other mains. ...... 20.0 21.0 SERVICE LINES -T3e customer's pipes (service laterals) which, are connected to the District's mains st the "Point of Collection", SERVICE POLICY - The Uniform Water and Wastewater Service Policy of North County Utility Distdm, as amended from time to time. 22.0 WASTL=WATER MA.N - A pipe, conduit, or other facility installed to convey sewage from indMdual service lines or other mains. 23.0 STORM WATER - T~e water which results from and occurs immediately following a rainfall event; water produced by unusually high tides end/or hurricane surges. 2 24.0 25.0 UNIFOR~ E~-"i"~_NStON POLICY- The Uniform Extension Policy adopted by the St Lucia County Boar~ of County Commissioners, as amended from time to time. W&Tt~R MAIN - A pipe, conduit, or other facility installed to convey water service to indMdual service lines or to other mains. OR ~OOK 1225 ?A6E 294'7 3 RULES ANO ~SUL~ATI©NS POLICY DISPUTE - Any dispute between the District and the customer or prospeddve customer regarding the meaning or application of any provision of this Policy, upon written request by either party, will be resolved by the St. Lucie County Utility Director. Any party not satisfied by this decision, may, within ten (10) days thereof, appeal the ¢ ecision to the County Adminisb~;tor. 2.0 GENERAL INFORMATION - In the event the Dis~ct's Rules and Regulations are inconsistent with any St~'"[ute, Law or Court Order, the Statute, Law or Court Order shall prevail and the 3istrict's Rules and Regulations shatl be null and void. These Rules and Regulations apply to the ret~ schedules, applications and contracts of the District In the absence of specific written agreement to the contrary, these regulations apply wP, hour modification or change to each and every customer to whom the District m~ders water and/or wastewater service. In the event that a portion of these Rules and Regulations is declared unconstk'utional or void for any reason by any court of competent jurisdiction, such decision shall in no vcay affect the validity of the remaining portions of the Rules and Regulations for water and/or wastewater service unless such court order or decision shall so direct.. SIGNED APPLICA-ION NECESSARY - Water and/or wastewater service is furnished upon signed application accepted by the District and the conditions of such application are binding upon the customer as well as upon the District. A copy of the application for water and/or wastewater service accepted by the District will be furnished to the applicant on request. The applicant shall furnish to the District the correct name, street address ahd legal description of properly to which water and/or wastewater service is to be rendered. 4.0 _APPLICATIONS E~Y AGENTS - Applications for water and/or wastewater service requested by firms, partnerships, associations, corporations, and others (principals), shall be tendered only by duly authorized parties (agents). When water and/or wastewater service is provided under application(s) entered into between the Dis~ct and an agert of the principal, the use of such water and/or wastewater service by the principal or agent shall constitute full and complete consent by the principal of the application(s) entered into between agent and the District and under which such water and/bt wastewater service is rendered. 5;0 6.0 7.0 OR BOOK !~25 PA6E ~ ii ~¢FrHHOL~OIN(~ $~RVtCH - The Dist-fct may withhold or discontinue water and;or w'estewater service provided to any customer if all prior indebtedness to the Distrct has not been sefd~d in full. Service may also be discontinued for any violation by the customer or consumer of any rule or regulation set forth in this Tariff. The District will provide written notice by mail or posting at customer service location. EXTENSIONS OF -'ACILmE$ - Extensions will be made to the Distrct's facilities in compliance with ~he District's Uniform Extension Policy and Rate Resolution. LIMITATION OF U,SE - (A) Wastewater service purchased from the District shall be used by the customer on y for the purposes specified in the application or agreement for wastewater ,, ervice. Wastewater service furnished to' the customer shall be for the customer's own use and sewage shall be .received directly from the customer' in-o the District's main wastewater lines. In no case shall a customer, except with the written consent of the DiCtrict, e~end his lines across astm. et, alley, lane, court, property line, avenue, or other way, in order to furnish wastewater service for adjacent property, even though such adjacent property is owned by that customer. In case of such unauthorized extension, sale or disposition of service, customer's wastewater service is subject to discontinuance until full payment is made of bills for wastewater service, calculated on proper classifications and rate schedules and reimbursemem in full made to the District for all extra expenses incurred for clerical work testing and inspections. Also, see Rule 26.0 to 29.0: Storm Water, Indus'~ial Waste, Grease Traps and Hazardous Wastes. (B) Water service purchased from the District shall be used by the customer only for the purposes specified in the application or agreement for water service. Water service furnished to the customer shall be rendered directly to the customer through Distrct's individual meter and may not remetered by the customer for [he purpose of se!ling or otherwise disposing of water service ';for a profit to lessees, tenants; or others and under no circumstances shall the customer or customer's agent or any other individual, association or corporation install meters for the purpose of so remetedng said water service for the purpo., e of making a profit. In no case shall a customer, except with the wd[Len consent of the District, e~end his lines across a street, alley, lane, court, proper-y line, avenue, or other way, in order to furnish water service for adjacent p-operty through one meter, even though such adjacent property is owned by ~at customer. In case of such unauthorized extension, re- metering, sale o~-disposition of service, customer's water service is subject to discontinuance until full payment is made of bills for water service, calculated on proper classification and rate schedules and reimbursement 7 OR BOOK 1225 PAGE 2~. ~2 in ~li made to the Dis~ct for all extra expenses incurred for cledcal work, testing, and ir~pc-ctions. Under no circumstances shatl any source of water other than the District's be connected to the District's water supply system or any part thereof, be it on private or public proped7 except with the written consent of the District. The District s~all have the dght of inspection at reasonable times dudng customer's installation to verify compliance with Rules and Regulations. 8.0 CONTINUITY OF SERVICE - The District will at all times use reasonable diligence to provide continuous water and/or wastewatar service, and shall not be liable to the customer for failure or interru¢on of continuous water'~nd/or wastewater service. The Bisect shall not be liable for any act or omission caused directly or indirectly by sHrikes, labor troubles, accidents, litigations, breakdowns, shutdowns for emergency repairs, o" adjustments, acts of sabotage, enemies of the United States, Wars, United States, State, Municipal or other governmental interference, Acts of God er other causes ~eyond its control. If at any time the District shall interrupt or discontinue its service for any period greater than one hour, except for emergency repair as indicated, al customers affected by said interruption or discontinuance the District shall use its b=.st efforts to give not less than 24 hours notice by publication, radio or television se~ice announcement. 9.0 TYPE ANO MAINTENANCE - The customer's pipes, apparatus, and equipment shall be selected, installed, used and maintained in acCOrdance with standard practices, conformin.c with the Rules, Regulations and Specifications of the DistriCt, 'subject to full compli-~nce with all laws and governmental regulations applicable to same. The District s~all not be responsible for the maintenance and operation of customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect the water and/or wastewater service. The District reserves the right to discontinue or withhold water and/or wastewater service to such apparatus or device. 10.0 CHANGE OF CUS-OMER'S INSTALLATION - No changes or increases in customer's installation, which wB materially affect the proper operation of the pipes, mains or pumping stations of the District shall be.made without wd[[en consent of the District. The cus-.omer will be liable for any changes resulting from a violation of this rule. 11.0 INSPECTION OF CUSTOMER'S INSTALl AT1ON - ~I customer's water and/or wastewater service installations and/or changes shall be inspected during installations and/or by a District representative to ensure that customer's piping, equipment, and devices'have been installed, in accordance with accepted standard prance, company rulee, regulations and specifications and such local governmental rules. Where municil:a] or other governmental inspection is required by local rules 12.0 13.0 44.0 15.0 16.0 or ordinerLces, the D'strict cannot render water and/or wastewater service until such inspection has been made and a formal notice of approval from the inspecting aut,hority has been received by the District. Failure to have an inspection will result in the customer hav:ng to expose the service line for inspection at his own costs. The District reserves the fight to inspect the customer% installation prior to rendering water and/or westewater service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof. PROTECTION OF DISTRICT'S PROPERTY - The customer shall exercise reasonable diligence to protect the District's pmpedy c~n the customer's premises, and shall knowingly 3ermit no one but the District's age'hts, or persons authorized by law, to have access to the District's pipes and apparatus. . In the event of any Icss, or damage to property of the District caused by or arising out of carelessness, neglect or misuse by the customer, the cost of making good such loss or repairirg such damage, including attorneys' fees and court costs if enforcement proceec ings are initiated; shall be paid for by the customer, which cost shall constitute a lien on property served until paid. _ACCESS TO PREMSES - T~e duly authorized agents of the District shall have access at .all reasonable hours to the premises of the customer for the purpose of inspection of customer's installation to verify compliance with District's Rules and Regulations, installing, maintaining, and inspecting or removing Disbict's property, and other purposes ncident to performance under or termination of the District's -agreement with the customer and in such performance shall not be liable for b"espass. ~ RIGHT.OF-WAY OR EASEMENTS - The customer shall grant or cause to be granted to the District without cost to the District, ail dghts, easements, permits, and privileges which are necessary for the rendering of water and/orwastewater service, including mains, lines, pump stations, fire hydrants and the like. BILLING PERIODS. Bills for water .and/or wastewater service will be rendered monthly. Bills are dJe when rendered and shall be considered as received by customer when delivered or mailed to westewater service address or some ether place mutually agreed upon. Nonreceipt of bills by customer shall not release or diminish obligation of customer with respect to payment thereof. DELINQUENT BILLS - Bills are due when rendered, and if not paid within twenty (20) days thereafter becbme delinquent, and water and/or wastewater service may then, after five (5) dots written notice, be discontinued. Service wiIl be resumed only upon payment of all past-due bills and penalties, together with a service charge 9 17.0 18,0 19.0 20.0 21.0 established on the basis of the expenses incurred in the disconnec'don and res~oratio~ ofservica which shall be nondiscriminatory in its application. There shall be no liability of any dnd against the Dis~ct by reason of discontinuance of service to the customer for failure of the customer to pay the bills on time. No partial payment of any bill rendered will be accepted by the District, except by agreement with Distict, or by order or direction of the St. Lucia County Board of County Commissioners. PAY~IENT OF WAS-EWATER AND WATER SERVICE BILLS CONCURRENTLY - When both wastewater and water service are provided by the District, payment of any wastawater service bill rendered shall not be accepted by the District without the simultaneous or concurrent Payment of any water service bB. if the charges for wastewster are not paid, the Dis~ct may discontinue both wastewater service and Water service to the cJstomefs premises for non-payment of the wastewater service changes, or if the changes for water are not paid, the District may discontinue both water service and wastewater service to the customer's premises for non-payment cf the water service change. The District shall not reestablish or reconnect wastewater and water service or either of customer's services until such time as all wastewatar and w-"ter service changes and all other expenses or charges established or proviced for by these Rules and Regulations are paid. TEi~PORARY DISCONTINUANCE OF SER~CE -Where service is to be reC, ored at the same premises to the same customer (member cf household or designated agent), customer will pay to the District the base facility charge for each billing pedod during which service was discontinued. All prior indebtedness must be paid before service will be restored. , EVIDENCE OF CONSUI~PTION - The initiation, continuation, or resumption of water service to me p'emises shall cons:EbJta evidence of the initiation, continuation, or resumption of wa~ewater service to the premises, regardless of occupancy. TAX Cl AUSE - Rates and/or charges may be increased or a sumhange added in the amount of the a3plicable proporf¢'.onate part of any taxes and assessments imposed by any governmental authority in excess of those' in effect after the approval of this rule which are assessed on the basis of meters or customers or the pdce of or revenues from water and/or wastewater service sold, not including income taxes. CHANGE OF OCCUPANCY - When change of occupancy takes place at any premises supplied by the District with water and/or wastewater sen/ica, W~,ITTEN NOTICE may be req Jested and shall be given at the office of the District not less than three (3) days prior-to the date of change by the outgoing customer, who will be held responsible far all water and/or wastewatar service used On such premises until such WRFrTEN NOTICE is so received and the District has had reasonable 10 23.0 24.0 25.0 ~ DR BGDK Zt. 2~5 PAGE time to discontinue water and/orwastewater service. However, ifsuch WRITTEN NOTICE l~as not been received, the application of a succeeding occupant for water and/or wastewater service will automatically terminate the prior account. Customer's deposit may be transferred from one service location to another, if both locations are supplied by the District and the customer has established a satisfactory credit record, Customer's deposit may NOT be transferred from one name to another. For the convenience of its customers, the District will accept telephone orders to discontinue or transit water and/or wastewater service and will use all reasonable diligence in the execution thereof. However, oral orders or advice shall not be deemed binding or be considered formal notification tolhe District. UNAUTHORIZED CONNECTIONS -WASTEWATER - Connections to the District's wastewater system f~r any purpose whatsoever ara to be made only by employees of the District or Lnder direct supervision of Bistrict's authorized employee. Unauthorized conneddons render the service subject to immediate discontinuance without notice and wastewater service will not be restored until such unauthorized connections have been removed and unless settlement is made in full and for all penalties, damages, and wastewater service estimated by the District to have been used by reason of such una .u~orized connection. UNAUTHORIZED C 3NNECTIONS -WATER - Conne~ons to the District's water system for any. purpose whatsoever are to be made only by employees of the District or under direct supervision of Dist~ct's authorized employee. Unauthorized connections render t~e service subject to immediate discontinuance without' notice and water service bill not be restored until such unauthorized connections have been removed and ~mless settlement is made in full and for alt penalties, damages, and water service e~timated by the District to have been used by reason of such unauthorized connection. ~ADJUSTMENT OF BILLS - When a customer has been undercharged as a result of incorrect applicati3n of the rata schedule, or if wastawater service is measured by water consumption, a meter error is determined, the undercharged amount may be billed to the customer. CUSTOMER DEPOSIT - Before rendering service, the District shall require a deposit or guarantee satisfactory to the District to secure the payment of bills. The District shall give the customer a non-negotiable and non-transferrable deposit receipt. The amount of such deposit shall be calculated in accordance with the District's Rate Resolution. After a residential customer has established a satisfacton/payment record and has had cont~*nuous service for a per[od of 25 months, the District will refund the customer's deposit Frovided the customer has not, in the preceding 12 months, (a) made more than on s late payment of the bill (after the expiration of 20 days from the date of mailing or delivery by the District), (b) paid wfth a check refused by a bank, (c) been disco lnected for non-payment, or at any time, (d) tampered with the meter, or (e) used service in a fraudulent or unauthorized manner. Upon termination of service, the deposit w~ll be credited against the final account and the balance, if a ly, Shall be returned promptly to the customer, but in no event later than forty-five (45) days after service is discontinued. The Dis~ct may reruire, upon reasonable written notice of not more than fifteen (15) days, such requ.=st or notice being separate and apart from any bill for service, a new deposit, where previously waived or returned, or an additional deposit, in order to secure payment of current bills; provided, however, that the total amount of the required deposit shall not exceed an amount equal to the average actual charge for water andfor wastewater service for two billing pedods. In the event the customer has had service less than two billing pedods, then the District shall base its new or additional deposit upon the average actual monthly billing available. Governmental endde s are exe'mpt from the depesk requirement as are other u'dlities that provide service to the District which have reciprocating no deposit requirements. Governmental entities include: 2. 3. 4. 5. Federal, State and County Agencies Municipal~es ~ Specia Taxing Districts St. Lucie County School Board Entitie~ lawfully empowered to levy and collect taxes 26.0 STORM WATER - ~ o storm water systems of any Idnd shall be COnnected to the Diatrict'swastewater~ystem, including air conditioner cooling water and condensate' '-~ lines which nc.finally discharge to storm wastewaters or drainfields. No storm water shall be diverted into -~e District's wast~water system through manholes, cleanouts, and th~ like. Failure ~o complY with this rule will cause discontinuanCe of water and wastewater service. 27.0 INDUSTRIAL WASTE~NATER - The District will accept only domestic wastewater in its wastewater system. No industrial wastewater or the like, including septage, shall be discharged into District's wastewater system unless proper pretmatment facilities are provided on customer's premises by customer, propedy operated and approved in writing by the District and all applicable regulatory agencies. 28.0 29.0 30.0 31.0 32.0 OR ]00,~ ~_225 PAGE GRE,&$E TRAPS, ElL SEPARATORS - Ail commercial food preparation facilities and all ~ther facilties generating wastewater with high grease and/or oil concentrations must have a grease trap to intercept these wastes prior to discharge into the District's sanitary wastewater system. Location and type of grease trap used must be approved, in writing, by District and all applicable regulatory agencies. Grease traps must :~e propedy maintained by customer or owner. Design and maintenance of grease traps shall be in accordance with St. Lucie County rules, regulations and codes, and shall conform to the specifications and requirements of the District. If grease and/or o~ in excess of allowable amounts, in accordance with District's and regulatory agency requirements, is discharged, District shall inform operator and/or owner of premises to properly repair and maintain or replace, if necessary, said grease traps. Failure to cease discharging wastewatar with high grease and/or oil co ~centrations shall be cause for discontinuance of water and wastewatar service. " HATARDOUS WASTES - No hazardous wastes of any kind shall be discharged into District's wastevvater system under any circumstances without pdor written authorization from District. Failure to comply with this rule shall be cause for discontinuance of water and wastewater service and violator(s) will be subject to criminal prosecution. METERS - Ail water meters shall be furnished by an remain the property cf the District and shall be accessible and subject to is contel The customer shall provide meter space -.o the District at a suitable and read~y accessible location and, when the Distn'ct considera it advisable, within the premises t¢ be served. The · customer shall also p'ovide adequate and proper space for the installation of meter boes and other sim~ar devices. , ALL WATER THROJGH METER - That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples, or spacers are permitted and under no circumstahces are conneddons allowed which may permit water to by-pass the meter or metering equipment. REQUEST FOR METER TEST BY CUSTOMER - Should any customer request a bench test of his water meter, the district will requi.ra a fee in advance to defray cost of testing and that t~ e test be requested in writing; Such fee not to exceed the schedule of fees set ~orth in the Rate Resolution. If the meter'is found to register in excess of the accuracy limits prescribed under the Rule No. 33.0 of this Policy, the fee will be refunded. But if below such accuracy limit, the fee will be retained by the District as a service charge for conducting the test. 13 OR BOOK !2~5 PAGE 2?--8 Fu~eq upon w~e~ request of any customer, the Ois~ct shall, w~out charge, make a field test of the accuracy of the water meter in use at customers premises provided that the ester has not been tested within the past six (6) months. 33.0 g, DJUSTMENT OF BILLS FOR METER ERROR - In meter tests made by the District, the accuracy of registration of the meter and its performance in service shall be judged by its average error. The average meter error shall be considered to be the average of the errors at the test rate flows. ' FAST METERS - Wl'enever a meter tested is found to register fast in excess of the tolerance provided in the Meter Accuracy Requirements provision herein, the District shall refund tc the customer the amount billed in error for one-half the period since the last test. Said one-haft pedod not to exceed twelve (12) months except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date, based upon ava~able records. Re refund shall not include any par[ of any minimum charge. SLOW METERS - 'rl-e District may backbill in the event that a meter is found to be slow, non-mgisterin.c or partially regiatedng. The District may not backbill for any pedod greater than twelve (12) months from the date it notifies a customer that the meter is slow, ri. on-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than twelve (12) months pdor to notification, then the District may backbiil only for the lesser pedod cf fiee. In any event the customer may extend the payments of the backbill over the same amount of -ime for which the utility issued the back bill. I~ETER ACCURACy REQUIREMENTS - All meters used for measu~ng quantity of water delivered to a customer shall be in good mechanical condition and shall be adequate in size ant design for the type bf service which they measure. Before being installed for the: use-of, any customer~ every water meter,-whether, new,- repaired or removed imm service for any cause, shall.be adjusted to register within the ac?uraCy limits set forth in the follcfwing table: ACCURACY LIIqlTS IN PERCENT MAX MUM INTERMEDIATE RATE RATE NEW' Displaceme~ 98.5- 101.5 98.5 - 101.5 95 - 101.5 90 - 101.5 Cu~ent 97-103 97-.103 95-103 90-!03 Compound* 97- 103 97 - 103 95 - 103 90 - 103 * The minimurn~required 'aCCuracy for compou~nd me~er~ at an¥~rata within the - "changeover" range of flows shall be 85% 34.0 BACKFLOW PREVE_NTERS - St. Lucie County requires the installation of backflow prevention devices '~d3 all new services. A bacldtow prevention device shall be installed in accordance with the District's specifications. All installations shall be prior to or in Conjunction with the meter installation. All bacldtow preverrtion devices subject to the District's control. If approved by the 'District, the District shall own and maintain the bac~ow prevention device itself between the inlet ard outlet valves of the~device on all installations two-inch and smaller. For installations larger than two-inch, the District shall retain ownership and maintenance responsibility for all piping and appurtenances between the connection to the DL--1zict's main and the discharge flange of the downstream valve on the above~grounc backflow preventer assembly. In the event the District does not so determine to own and maintain the bacldtow or prevention device as set forth above, the custome--shall own'and be-'resl~onsible cerlJficetions requirer by law with respect to the operational status of the back'flow prevention device. The customer shall provide space at a suitable and readily accessible location and, when the district considers it advisable, within the premises to be served. The customer shall also provide adequate and proper space for the installation, operation and maintenance of backflow prevention devices. Customers with existing services are required to install bacldiow prevention devices upon request by the District if District determines that a potential hazard for other customem e~st. 35.0 MISCELLANEOUS SERVICE CHARGES - The District shall charge the following miscellaneous service charges as set forth in the Rate Resolution in accordance 15 OR BOOK ~-~5 PASE 2'~ JO with the t?m,s also stated below. If both water and wastewater services are prdvided, only a single charge is appropriate unless circumstances beyond the control of the District require multiple actions. INITIAL OONNEC"flON - This charge would be levied for service initiation at a. location where serv ce did not exist previously. NOR.~IAL P,~OONNBCT1ON - This charge would be levied for transfer of service to a new customer account at a previously served location, or reconnection of service subsequent to a customer requested disconnection. VIOLATION RBCONNEC'rION - This charge would beTevied pdor to reconneCtion of an existing customer after disconnection of service for cause, including a delinquency in bill payment. PREMISES VISIT C-tARGE (IN LIEU OF DISCONNECTION) -This charge would be levied when a service representative visits a premises for the purpose of discontinuing service for non-payment of a due and collectible bill and doe. snot discontinue service because the customer makes payment arrangements with the Bistrict and the cusbmer service representative verifies arrangements with service personnel. Service personnel.cannot accept payments in any form from customers. RETURNED CHEC 4 CHARGE - It is the policy of the Dis~ct (the "County") to accept checks ~Tom the public for the payment of fees and other charges, drawn only on United States banks in U.S. currency with the drawer's name and address 'imprinted on the che:ks. It is the further policy 0fthe DisLdct to invoke any and all available penalties, service fees, service charge or civil actions, including reasonable attorneys' fees, when checks are dishonored. The District's receipt of a check is considered to be a cond~onal payment until it is honored by the drew.=r' bank. I~f the check fails to clear the bank. for arty reason, it is considered a non-payment. Upon District's receipt of dishonored check, notice shall be sent to the drawer indicating that the drawer has 30days from receipt-of notice to tender payment in cash of.the full amount of the check, plus service charge. C, and/or service fees authorized'under Section 125.0195, Florida Statutes, If payment is not received within 30 days, the District reserves the dght to pursue any cdminal actions, pursuant to Section 832.07, Flodda Statutes. In order for the District to recover a portion of the costs for handling dishonored checks, the District may charge the maker of a worthless check a service fee of twenty-five dollars ($25.00), if the face value of the check does not exceed $50.00; thirty dollars ($30.00) if the face value exceeds $50.00 but does not exceed $300.00; forby dollars ($40.00), if the face value exceeds $300.00; orfive percent (5%) of the face amount of the check (whichever is greater), pursuant to Section 125.0105, FIodda Statutes. 18 OR BOOK R=~FUND FOR REF 3NDABLE CHECK DEPOSITS - No refunds shall be made for refundable ~lity deFos~ until at least fr~een (15) working days after the date of the deposit of the check by the Dis~ct REt~IINDER NOTIC3 1 ATE CHARGE - When a utility bill is delinquent (See Rule No. 16 Delinquent Bills) and a written notice is issued, the District shall impose a late charge of $1.00 or 1.5% cf the face amount of the late notice, whichever is greater. - 17 $7. LUCr~ COUNTY UTILITieS NOR_~/t COUNTY UTH~ITY DISTRICT UB]R~O1R1VI EXTENSION POLICY OR BOOK ~.22~ PAGE 2S ,3 ST LUCIE COUNTY UTILITIES NORTH COUNTY UTILITY DISTRICT UNIFORM EXTENSION POLICY I. St. Lucie County ("County"), as owner and operator Of the St. Lucie County North County Utility District ("Utilhy"), hereby establishes this Unifo~ Extension Policy (sometimes referred to as the "Policy') designed to set forth the service and financial relationship between the U-Jlity and property owners, builders or developer/future customers seeking to obtah Water and Wastewater service for the benefit of their properties. The County de¢taree that each prospective consumer of the Utility's systems shall be respcnsib e for the ~ost, allocable to it, for wastawater treatment and disposal, water production and treatment; including wate[ storage and distribution necessary to provide the required service to its property. This Policy should not be construed as a commitmen: to provide capacity upon demand. This Policy further h;s as its goat, the establishment cfa uniform method of computing or determining.a I capital contributions required to be paid by prospective consumers which shall be demonstrably non¢iscriminatory among consumers of the same class in the service area, and shall further be applied uniformly to all customers and prospective customers within the present or expanded future service area. The County further declares that the reservation of capacity from Utility facilities which are in existence, under construction, or under active design for near term construction requires the pa'cment of guaranteed revenue fees which are intended to offset the fixed c~osts operating and maintaining utility' facilities rosen/ed for future use. 'No capacity will be reserved without payment of guaranteed revenue fees. Such fixed costs maintenance, admin.stmtive and general expenses, and such other items of expenses which are not reflective of the actual expense of producing and delivering, or receiving, treating and disposing of the product of the Utility's systems. Finally, it is the Cou~tCs intention that the connection charges provided for herein and the guaranteed revenue fees which support the carrying costs of fa(~ilities held for future use, be esta21ished from time to time, so as to balance the financial requirements of the systerr equitably and propedy between the eXisting customers of the Utility and prospective cUstomers. In order to provide for future facilities, it is the County's policy that prospective futu.re customers should be required only to pay the allocable share of costs prcpedy attributable to them. The policy and goal of the County is that conne~on c~arges and capacity reservation fees paid by such prospective customers are 3or to be used for the~operations and maintenance of that portion of the utility system utilized by existing customers, but rather, should be limited in their use to the provision of new System facilities propedy sized and allocated to each - - - future customers or for deb; service and maintenance expense all0cable to such plant facilities constructed ~or future customers. ;' 11. DEFINITIONS: (a) Beck'flow Prevention Device and Meter Installation Fee: The charge imposed by the Utility. for the backflow prevention device and water meter, valve, box and appur[enances, together with the installation Of these facilities, installed at the request of Developer/Future Customer. (b) Connection Ch&rges: The reasonably anticipated cost of expansion of facilities necessitated by Customer's connection to the existing faciIity. (c) ~ St. Lucie County, Flodda. As used in this Uniform Extension Policy, (North County Utility. District) the terms "County" and "Utility" may be interchangeable. (d) DevelopedFutu"e Customers: Any person or entity whose prope~es were seeking to secure ~ ater or wastewater services for property(ies) within the County's service area for the benefit of itself or prospective future customers of such service, includ'ng a lot owner. (e) Developer/Futu~'e Customer Agreement: A w~tten agreement setting forth in detail the terms a id conditions under which the County will render service to a DevelopedFutura C:Jstomer's property, and setting forth the obligations and requirements of eac~ party to the agreement. (f) Equivalent Resicentiel Conneddone (ERC): A unit ofwaterand wastewater treatment facilities necessary to deliver to a prospective customer, 250 gal!o~s of water per average day, and'250 gallons of westewater per average day. Al non-residential uses are converted to EROs by dividing their respective derr~ands by the units of capacity set forth above. Master metered multi-family dwellings are deemed to have a domestic service demand of 250 gallons cf wa~er per day, per dwelling u. nit, with all external or irrigation uses calculated separately. (g) Guaranteed Revenues/Accrued Guaranteed Revenues: Those charges required by the County to financially support the fixed costs of maintaining capacity reserved for future use by specific Developer/Future Customer, as further provided herein. (h) ~ The required improvements from the required point of service ~fthe ...... District's:Utility system to the Point of Connection of t.he Developer/Future Customer. (i) Point of Connection; The point where the District's master wastewater collection pipes are connected with pipes of the customer. fi) Point of Delivery: -he point where the District's water pipes (mains) or meters are connected to pipes of the customer, or customer's property line if so designated by Distri~ (k) Refundable Advancb Agreement: Money paid or property l~ansferred to the County, pursuant to an agreement, by a Developer/Future Customers for the 3 OR 800~ -1225 F,q6E installadoQ of utility plants or facilities which are deliberately oversized relate to Developer/Future Customer's individual needs, which oversizing takes place either in order to accommodate the County's overall master plan, or in order to cause an expansion of plant facilities in advance of the timetable that the County would otherwise corstruct same. In the case of such oversizing, County will collect from subseq~ ent DevelopedFuture Customers who utilize such facilities and act as transfer ;gent for return of such monies to the odginal Developer/Future Customer who paid for such refundable advance, pursuant to specific agreement tnerafor. (1) R~.served CapaciIy: The specific allocation cf water or sewer capacity by the County for the benefit of Developer/Future Customer Rs evidenced by a DevelopedFuture Customer's Agreement and supported by the payment of guaranteed revenue fees in accordance with this Policy. In the event Developer/Future Cgstomer's actual capacity utilization exceeds the capacity allocated to DevelopsdFuture Customer in its Developer Agreement, as determined by C0un.-y's engineers, then Developer/Future Customer shall pay, on demand, connection charges for such excess capacity utilized, together with accrued guaranteed revenue fees from the date of execution of the Developer Agreement, and together with any fines or penalties levied by jurisdictional regulatory agencies as a rasu. it of over utilization of permitted facilities. The County reserves the right to and Developer/Future Customer consents to the issuance of an injunction by a court of competent jurisdiction to provent actual capacity utilization from exceeding the capacity allocated. Ill. AVAILABILITY: (a) The provision of ~ervica under this Policy is available to DeveloPer/Future Customers subject to matters of technical, environmental and economic feas.ibility, which it has invested or may be required to invest [n conjunction with any proposed extension. · IV. &LLOCA~LE COSTS (a) DevelopedFuture Customer Facilities: Each DevelopedFuture Customer, and/qr customer shall be responsible for beadng the cost of the' design, installation, inspection and testing of the complete water and wastewater systems located in the street or streets adjoining or within the boundaries of DevelopedFuture Customer's 4 ~' OR BOOK ZL~25 PAGE 2~-~ ~? property to a Po?t of Conneddon to the Counts master water, and wastewater · systems and Point of Delivery to the water system of such size and capacity as needed to serve the Developer/Future Customer's needs in accordance with all applicable regulations, standards and specifications. The term "complete water distribution and wastewater collection ', as used herein, shall include all component parts of a water distribution system, including valves, fittings, laterals, hyc rants and all appurtenances as shown upon the approved design of water distribution system. The wastewater collection system shall include all collection lines, manholes, 'orca mains, lift or pumping stations, including the site for same, and all other appurtenances as shown upon the approved deSign for the installation of such water and wasteWater systems. The County's require merit for the installation of oversized lines or facilities, designed to provide cepaci~ over and above that which is required to meet the Developer/Future Customer's needs shall be the~subject of a Refunding Agreement as set forth hereafter in this Pclicy. If so requested by Developer/Future Customer, and agreed to by the County, - and taking into consideration the limited size of Developer/Future Customer's property for which service has' been 'equested, the OiSunty may design and install the water distribution and wastewater systems. In such event, th~ County reserves the right to compute the estimated cost of such e~ension and to require the Developer/FUture Customer to pay such cost of construction in lieu of Developer/Future Customer's installation of the water distribution and wastewater systems. (b) Off-Si? Water E~istribution and Wastewater Systems - Hydraulic Share: The · Cou. nty declares that service to each DevelopedFuture Customer's property is dependent upon these mai~ water t~ansmission lines, wastewater collection lines, force mains and/or master pump ng stations necessary to connect all Developer/Future Customer's property with ti' e central facilities of the County adequate in size to provide proper pressure and transmission from all DevelopedFuture Customers' prope~es. Ail of these "off-site" facilities are generally defl~ed as the master water distribution system and the master wastewatar systems. It is the County's policy to apportion the cost of the master water distdbutio~ and wastewater systems pro rata against all propeCJes receMng or designed to receive service from such master systems The County further declares .that the charge for Developer/Future Customer's hydraulic share of the mastar distribution and Collection facilities will be applicable to DevelopedFuture Cu'°me os propeCy whether or not the main transmission lines, force mains and pumping stations have been previously constructed. The apportionment of the cost of the master distd2ution and collection system has been reduced to an equivalent residential unit cost, and such costs have been included within the ........ connection charge in accordance with the schedule set forbh herein. -' The specific I~cation of Developer's p~-operty and the County's requirement for economic feasibility may result in Developer/FUture Customer being required to advance all or a pprtion oft~e cost of the master systems in order to e~end the master systems of the County from their present terminus to the Point of Connection and/or Point of Delivery with Develop'er/Future Customer's facilities. Such eventualities are 6 - ~ · QR BOOK i~25.~ PA~E 2~c3 covered by prov?ons in th ~: Uniform Extension Policy (North County) under the · heading "Refundable Advances". (c) Blant Capacity. Charges: County declares that itwill require Developer/Future Custome-s to contribute to that po~on of the cost of construction of water resource, treatment, Aorage and pumping cost, and wastewater treatment and effluent disposal cost corresponding to the demand expressed in gallons per average day exerted or to be exer[ed by Beveloper~.uture Customer upon the water arid wastewater plants. The allocable fair share cost to be borne by each ERC has been, and will continue to be, determined through an analysis of the cost of all plant facilities acquired, under constructio 1 or to be constructed in the future, compared with the anticipated demand of the .,ervica area expressed in EROs at its build-out The cost of treatmem, plant facilities shall include such items as engineering, -- legal, acoounfJng, financing costs, administrative and general expenses associated with the planning or construction of facilities, the cost of obtaining regulatory permits, the cost of land and dghts of way, if any, and such other costs normally ass. ociated with such capital programs. These plant capacity charges, together with the Developer/Future Customers allocable share Of"off-site" or master facilities'are a .............. component part and are included within the ~ategory Connection Charges. (d) Connection Char;joe: CoUnty has established "connection charges" as a method of express.lng the cost to Developer/Future Customer of its allocable fair share of both treatment plant capacity costs and the master water transmission and 'wastewater collection system. 'The County declares that such connection charges shall .~ · OR BOOK !225, PA~E covered by prov?ions in ~e Un~rm Extension Policy (No~h Count) under ~he ~ heeding 'Re~ndeble Adwnces'. (c) Pl~n~ C~pec~ Chmrges: Coun~ declaims ~at ~ will requirs Devm;oper/F~re Cu~ome~ ~o con.bubo to ~et po~on of De cost of ~ns~on water resou~e, ~ea~ent, ~o~ge and pumping cost, and wa~ewater ~ea~ent and e~uent disposal co~ ~6sponding to ~e demand e~ressed in gallons per avenge day exe~ed or to be exeded by BeveloperCu~re Customer upon the water and wastewater plants. ~e all~cable fair share cost to be borne by each ERC has been, and will continue to be, de~ined ~ugh an analysis of~e ~st of all plant facil~es a~uimd, under con~cn otto be ~n~ed in ~e ~re, compared ~ the anticipated demand of the so.ice a~a expressed in ERCs at ~s build.ut ~e ¢~ of ~eatme~ plant facil~es shall include such ~ems as enginee~ng, -legal, a~undng, fina~cin~ costs, administrat~e and gene~l e~enses associated w~ the planning or ~ns~or of facili~es, ~e ~st of ob~ining regul~ow pe~i~; the ~st of land and dgh~ of way, ~ any, and such other costs no.ally associated w~ such ~p~l pmg~ms. These plant ~pac~ cha~es, t0ge~er wkh ~e DevelopedF~ure Customers allo~ble sha~ of"off-site" or master facil~es are a ~mponent p~A and are in~uded ~in ~e ~tegow Conne~on Cha~es. (d) ~nne~ion Cha~es: Coun~ has established "~nne~on cha~es" as a me. od of express,lng ~e ~st to Developer/F~ure Customer of its allo~ble fair share of bo~ treab~ent plant ~psci~ ~s~ and ~e master water transmission and wastewater colle~on system. '-~e Coun~ declares that such conn~on charges shall be uniform amor~g alt De~zeloper/Future Customers w~in the se~ice area, no~standing p~visions which may be contained in Oeveloper/F~ure Customer Agreements not execCed Uy the Count, or the pra~ices and procedures pe~ining to Conne~on Cha~es as established by pdor owne~ of~e U~I~, or ~n~Jned w~in agreements exe~ed be~'een Developer/Fu~re Customer and prior owne~ of~e Uti~. The Counts requirement to apply Canne~an Cha~es ungodly ta alF. Develaper/F~um Cu~om~ squires ~t existing Developer~u~ CustameFs ~nne~ons not in se~i~ on ~e effete date of ~is Palicy have ~eir conn~Qon cha~es adjured to ~e levels set fodh herein. 8 The Connection Charges declared to be in effect on the effective date of the Resolution a~iopting this Policy and which will continue in effect until law~lly changed by the County, are as follows: CONNEC~ONOHARGES ,,~ PER EQUIVALENT RESI.~ENTIAL CONNECTION Total Water Plant WastewaterPlent $861.00 $325.00 $244.00 · $ 602.00 $1105.00 $ 927.00 9 OR BOOK !2~5 PAGE (e) C4mm.on Facilities - Multi-Family Complexes: All uses for water and/or wastewater service of a ccmmon nature for such purposes as irrigation, washing, recreational facilities, clubhouses, meeting rooms or similar applications generally found in connecCdon with the constr~ction of multi-family projects shall be considered in the same manner as commercial installations and the connection charges applicable thereto shall be computed in accordance with the commercial category set forth below. (0 Commercial: All property devote6~to industrial, business, educational or other categories not covered by -he above shall be considered to be commercial Uses. The connection charges to be l:aid to the County for such proposed uses shall be based upon determining the resid ~ntial equivalency of such proposed use. The County's engineers shall estimate th ~ anticipated water consumption on a dally basis and shall divide such gross dally con 5umption by a factor of 250 gallons per day. Such residential equivalenc~ fact2r shall be multiplied by the connection charges then in effect for single-family residential use in order to Oetermine the connection charges applicable to such proposed commercial use. The minimum connection charge for any commercial use shall be that of one equivalent residential connection. (g) Irrigation Uses: Water connections for the purpose'of irrigating common " areas (not applicable to single-family house i~ts) shall be computed on the same basis as commercial installations. Since irrigation water does not include corresponding wastewater service, the residential equivalency shall be multiplied by $1250.00 per ERO instead of the fee appl'cable for the water and sewer to single-family residences. 10 OR BOOK 1225 FASE ~. ,'~ ' (h) Connection Chc. rgms - When Payeblei ConnectiOn Chargoes for ali capacity reserved are declared to be due in full at the time of the execu"~'on of the Developer/Futura Customer's Agreement reserving capacity. This reservation may be made for the entire project or specific phases. However, capacity shall only be reserved for that which Co,nec'don Charges have been paid.. In the event Developer/Future Customer elects to pay Connection Charges in phases, he shall pay such Connection Charges i~ full for each phase pdor to the commencement of each such phase. I'n no instance shall active connections to the system be made pdor to the payment of connection fees. V. GUARANTEED REVENUES/ACCRUED GUARANTEED REVENUES The County declares that each Developer/Future Customer is responsible to provide the economic support required to cover the fixed costs of maintaining b'eatment plant capacities reserved for the DevelopedFuture Customer. The County's schedule of rates and charg.=s are divided into tw~ principal categories; base facility charges (monthly minimums) and commodity charges. The base facility portion of the rates and charges addresses the f'~,ed costs of maintaining service fa¢iJities for an active customer, Whethe(any commodity is ConsUmed 0r iibt AbSordingly, Guarant~ed Revenue Fee¢ charged to a Developer/Futu~'e Customer for the capacity which he has reserved are established to recover certain of the fixed costs per month in the Cou nt,/s systems from time.to time. n addition to the current payment of guaranteed revenue fees by a Developer/Future Customer pursuant to a DevelopedFuture Customer Agreement, there shall also '~ due and owing upon connection of each future user, an 11 ac~raed guarantged revenJe fee (AGRF), per equivalent residential connection (ERC) app!icabie to established c~a[ges !lstvd herein and are payable in advance and pdor to connection. WA ['ER ACCRUBD GUARANTEED RF-VENUES $788.25 per ERC WASTE NATEF~ ACCRUE~ GUARANTEED REVENUES $1997.83 per ERC Each Developer/Future Customer Agreement shall be deemed to provide, in its terms, as if fully set forth therein, for the payment cf Guaranteed Revenue Fees month!y in advance from the date of execution of the Developer/Future Customer Agreement, and in accorda ~ce with the rates, fees and charges as adopted thereafter until all capacity reserved is connec[ed to the County's System. The DevelopedFuture Customer Agreement shall further be deemed to provide · that, at,er thirty (30) days' ~rit[en notice, a default in the payment of, or renewal cf, Guaranteed ·Revenue Fees shall be a default in the Developer/Future Customer Agreement and shall result n the lapse of att remaining reserved capacity, which may be reallocated by the County. In the event of a lapse of the remaining reserve capacity, the County shall retain all connection charges paid to date until and unless the County can reallocate DevelopedFutu~'e Customer's lapsed Capacity aEer first allocation any 12 previously unallo~cated capacity present in the Count~/System. VI. OBLIGATIONS OF DEVELOPER (a) Engineering Informat'fon: It shall be the DevelopedFutura Customer's obligation to furnish to the County, accurate information with regard to matters of legal descriptions, engineering, construction, drainage and roads. In addition, Developer/Future Customer shall accurately describe its proj.ect in terms of the amount of water and wastewater services required er the number of ERCs required by ~he subject property. Increases in the number of ERCs required by the project beyond those which have been reserved will result in the requirement for the payment of additional connection chaT es and a recalculation of Capacity Reservation Fees to conform with the accurate ERC requirements. Developer/Future CLstomer is solely responsible for errors or changes in '-- engineering information or the design of its on-site water distribution or wastewater system. Any error in Beveloper/Future CustomeCs plans or the constru¢on of Utility facilities on Developer/Future Customer's property which are not in conformity with the plans may result in increased cost to the Developer/Future Customer in the correction, ...... alteration or recons~Jction of facilities. b) Easements and Right of Way: Fcli~Wing the construction of any water distribution or wastewater system proposed to be connected to the facilities of the County, Developer/Future C~storner shall grant to County, such easements or dghts of way corresponding with the nstallation of the facilities. Such grant er conveyance shall be in form satisfactory to counsel of County, together wFCq such evidence as may be reqdired by CouQty that the easements and/or dghts of way transferred to County are titied to the County and free of all liens, encumbrances and encroachments. Such conveyances shall be mace without cost to County. County rosettes the dght to require such easement or ight of way to the point at which the meter is proposed to be installed or at the "point of delivery of service," being the pqint at which the facilities of County joins with consumer's oWn installation. (c) System Design - Independent E:n~ineers: County shall accept the design of water and wastewater facilities prepared by a professional engineer, registered in the State of Flodda, regularly engaged in the field of potable water or sanitary engineedn'g, covedng the design of Developer/Future Customer's on-site water distribution and wastewater system. Provided, howe. var, that each such design shall be fully subject to the approval of County's engineer and shall conform in all respects to the written crfteda of Cou. nty governing the installation of utility facilities ultimately to be accepted by County for ownership, operation and maintenance. County reserves the right to charge a fee commensurate with the cost to County of reviewing such engineering plans and furnishing to Developer/Future Customer's engineer, various information regarding location and criteria. All deeigns of water distribution and wastewater faCilitie.~ are at all ........ times subject,to the approwl of other agenc~S having jurisdiction over such design. The engineer of record shall be present at all pressure tests, lampings and lift station start-ups. Additional y, County reserves the right to inspect all on-site systems which it does not take title to. In the event that the Developer/Future Customer completes distribution of on-si~e facilities and covers such facilities prior to inspection by 14 OR BOOK !__25 PAGE ~'. ?~ Couhty, County reserves ,he dght to require uncovering of such lines so that same can be inspected pdor to being placed into service. (d) lnspectfon Fees; County reserves the right to inspect the installation of all water distribution or wastewater facilities installed by Developer/Future Customer or Developer/Future Customer's contractors, which facilities are proposed to be transferred to County for ownership, operation and control. Such inspection is designed to assure Count) that water and westewater lines and/or lift stations are installed in accordance witl approved designs and are further consistent with the cdteda and specifications .~ oveming the tdnd and quality of such installation. County further reserves the right tc be present at tests of component parts of water distribution or wastewater systems for-,he purpo.se of determining that the system, as constructed, conforms to the County's cdteda for exfittration, infiltration, pressure testing, line and gr',de.. Such tests will be performed by Developer/Future Customer or Developer/Future Oustome-'s contractor, but only under the observation of County's engineer or authorized inspector. County reserves the right to charge an inspection fee not to exceed 2 percent of ........ the cost, either actual or estimated, of the subject water and wastewater facilities~s. ' ...... installed by D,eveloper/Future Customer. cd~nty maintains full-time inspection capability and the Cost for i~pection services as set forth herein is and shall continue to be designed to der. ray the actual cost of conducting such inspections and testing. (e) Inspections of Pk mber's Hook-up: It shall be the responsibility of Developer/Future Customer o;: its plumbing contractor to connect DevelopedFuture 15 OR BOOK Customer's plum~bing installation wBh the wastewater collection facilities of County. The ' connection is generally made at "the point of deliver of service" which shall be the discharge side of the water meter or, in the case of wastewater, where the building wastewater line connects ¢vith the Utility lateral coming from the main to the properb/ line of customer. County reserves the right to inspect all such connections to be assured that the same are propedy made in accordance with Counys rules governing such connections and that the connection, as made, is free from infiltration within reasonable engineering standards. County maintains inspection personnel for the purpose of inspecting these plumbing hook-ups and will provide such inspection service for DevelopeflFuture Customer without cost. (f) Administration Fees: Cou.nty reserves the dght to charge BevelopedFuture Customer the actual administrative costs of processing DevelopedFuture Customer's servic? request, including, but not limited to the cost of preparation of agreements, prelim!nary engineering co.,ts, review and approval of governmental agency applications, cons~ru~on/e~gineedng plans and shop drawings, recording costs, and legal preparation, review ard processing costs. VII. BACKFLOW PREVEN-OR AND METER INSTALl ATION FEES Coun~ will charge a 2ackClow preventer and meter installation fee to each prospective customer requesting water service. Such fee is intended to defray the cost of the backflow preventor ar d meter and the installation thereof. County will require the payment of such fees concurrently with the request by a prospective customer for the backflow preventor and meterinstallation. The backflow preventor and meter 16 OR BOOK ~_~5 PAC~E lnstalla,lon fee s~hatl be ci' arged only one time for ~he installation of a bac~ow preventor and meter at ary one locsdon; provided, however, ~at requests to exchange exisQng bac~ow prevento~ and meters for bac~ow p~ventors and mete~ of a larger size will result in a cha~e to the pmspe~ve customer of the difference be~een ~e exisdng smaller size bacM ow preventor and meter ~nd ~e requested la.er bac~ow preventor and meter. In addison, bac~ow preventors and meteB of larger size have a d~erent ERC value and consequen~y require the payment of increased connexion charge. ~e d~erence be~een the conne~on charges paid and ~nne~on charge appli~ble to the larger bac~ow p~ventor and meter will be colle~ at ~e dine of~e request for la.er bac~ow preventor and meter se~ice. VIII. ~ANSFBR OF CONTRIB~ED PROpER~ - BILLS OF SALE Each Developerfu~re Cu~omer who has ~ns~ed po~ons of ~e water dis~b~on and wastewater sY~em on Developer/F~ Customers own p~pe~ pdor to inte~nne~on w~ Cou~s exisdng fa~li~e~shall convey such ~mponent paAs of water dis~bu~on and wastewater system to Coun~ by bill of sale in fo~ sadsfa~ow to Count's ~unsel, toge~er ~ such evidence as may be requi~d by Coun~ ~at ~e ' water di~bu~pn sy~em proposed to be Bansfe~ed to CoUn~ is t~ed to ~e ~n~ and flee of all liens and encumbran~s. ~y facili~es in the ~tegow of "customefs lines" or "plumbers tin~" located the discharge side of Be wa :er meter or on ~e customefs side of the point of delivew of semite shall not be ~ansfe~ed to Coun~ and shall remain ~e prope~ of Developer~uture Customer, ~ subsequent owner~ccupant thereof or ~eir successors 17 and assigns. Such "custo'~efs lines" or"plumbers ~ines~ shaJ~ rsmain the maintenance responsibil~ of DevelopedFu~re Customer or subsequent customers. Coun~ shall not be required to accept t~e to any component pa~ of~e water di~budon or wastewater system as ~ns~ed by Developer/Fu~re Customer un~l Health Depa~ent and all o~er regulatow clearance is recebed and Counts engineer has approved the cons~Jon of said l~nes, accepted the te~s to dete~ine ~at su~ con~on is in accordance w~h.~e w~en cdteda established by Qoun~ and thereby has evidencec ~ accep~nce of such lines for Counts owne~hip, open, on and maintenance. DevelopedFu~re Customer shall maintain ac~te cost records es~blishing the ~n~ion ~s~ ¢ all u~l ~ ~cil~es ~ns~ed by Developer~umre Customer and p~posed to be t~nsfe~ed [o Count. Such ~st info~ation shall be ~mished to Coun~ ~ncu~entiy ¢¢h th~ bill of sale and such ~st info~a~on shall be a prerequis~e for ~e acceptance by Coun~ of Be po~on of the water distMbution and wa~ewater system ~nstm~ed by Developer/FCure Customer. Coun~ rese~es the right to re~se ~nne~ion and to deny ~e commencement of se~ice to any customer seeMng to be conne~ed to pomona of the water dis~bu~on and wacewater system in,lied by Develop&dFu~re Customer until such dme as Be p~visions of~is se~on hace been ~lly met by DevelopedFu~re Customer or ~eir SUOCeSSO~ or IX, REFUNDABLF ADVANCES: Coun~ may require, ~ addi~on to the conne~bn chaGes pmvMed for herein, a 18 refurtdable adva~nce by D~=veloper/Future Customer to further temporarily de~ay the cost.of any por~ons of the master water dis~but on or master wastawatar system necessary to connect the Developer/Future Customer's property with the then terminus of the Utiiity's water and wastewater facilities, adequate in size to provide service to the subject property. In cases where the required advance exceeds the Developer/Future Customer's obligation to pay connection charges, the .County and the Developer/Future Customer will enter into a. Refunding Agreement which will provide for the contingent refund to Developer/Future Customer, in acCordance with its terms and conditions, of such sums v~hich exceed Developer/Future Customer's total commitment for connection charges. The Refunding Agreement, where circumstances indicate, may be based upon the utilization by thi~ party Developer/Future Customers of the ~'acilitJes constructed as a result oft~e refundable advance. The amount of refund due a DevelePedFuture Cus;~omer under this provision shall be equal to the difference in actual cost, as evidenced by contract estimates as adjusted to actual cost upon completion of construction, between the cost of those facilities required to meet the needs of the subject proper[y, in accordance with ail applicable stands and specification, and the cost of the oversized facilities as installed to meet the planning need of the Utility. ~'his cc st differential sh~ll be divided Idy the numbeJ' of future ERC's which may be reasonably connected to the oversized facilities in the future. In all cases, the specific area b be served and the ocat on and number of future ERC's to be served shall be designated in the agreement. The amount of refund on a per ERC basis shall not exceed the theh current master water distribution and wastewater 19 OR ~00~ !225 ~[ 2982 systems,cornpon~ents, of the approved Conne~op .Oh~.~$,.. . .,._ .,_. The County shell not include any interest upon the fund of Develepef/Futu[e Customer's advances, except in the case of specific agreements approved by the County. The term of the Refunding Agreement shall be limited to seven (7) years after the date of execution of the Agreement. X. RESERVED CAPACrTv- APPORTIONMENT The County reserves -he dght to allocate, available capacity among the several Developer/Future Customem to the end that a fair distribution of such capa~ iS amompliShed and that no Developer/Future Customer shall preempt others from the reasonable opportunity to obtain such capacity when the same is required by such DevelopedFuture Customers in the near-term future. 2O