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HomeMy WebLinkAbout03-148RESOLUTION NO. 03-148 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA ESTABLISHiNG THE UNIFORM EXTENSION POLICY AND UNFORM SERVICE POLICY FOR THE ST. LUCIE COUNTY AIRPORT UTILITY DISTRICT AND PROVIDiNG FOR AN E FFECTWE DATE. WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, (the "Board"), on the advice and recommendation of its utility staff and technical advisors, finds that the Uniform Extension Poligy and Uniform Service Policy attached to this Resolution are just and equitable and in the public knterest. NOW, TItEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF S~[. LUCIE COUNTY, FLORIDA: Section 1. Th~ Uniform Extension Policy and Uniform Service Policy for the St. Lucie County Airport Utilff.~ District attached to this Resolution are hereby adopted. Section 2. This Resolution shall take effect immediately upon passage. After motion and second, the vote of this Resolution follows: Chairperson Cliff Barnes AYE Vice Chairman Paula A. Lewis ABSENT Commissi¢ ncr John D. Bruhn AYE Commissioner Frannie Hutchinson ABSENT Commissioner Doug Coward AYE PASSED AND DULY &D~PTED this 15th day of July, 2003. ATTEST: t.'. :"?~f.'i'.;' '~_~ARDOF COUNTY COMMISSIONERS ~ ~- ,~=~i~ ~i~ LUCIE CO~TY, FLO~ DepuW Clerk Chai~ ~ ~PROVED AS TO FO~ ~ CONCUSS: Coun'~ ' ~ey~Ahol'n --- UNIFORM SERVICE POLICY ST. LLCIE COUNTY AIRPORT UTILITY DISTRICT Januaw 1,2003 rev4/16/03 1 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 TECHNICAL TERMS AND ABBREVIATIONS BACKFLOW PREVENTER- A device installed to prevent cOntaminants of any kind from entering the 3otable water supply system. BASE FACILITY CHARGE - (BFC) - See Uniform Extension Policy/Rate Resolution. BANK DRAFT - Direct payment of monthly water and/or wastewater bills electronically deducted from customer's bank account after completing and signing the Pre-Authorized Direct Bank Payment Plan form. CONSUMER- The person, firm, association, corporation, governmental agency or other entity or organization supplied with water and/or wastewater service by the District. CUSTOMER - The person, 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 District and who is liable for the payment of that water and/or wastewater service and shall abide by all the District's Rules and Regulations. CUSTOMER'S WASTEWATER INSTALLATION - All pipes, fittings, fixtures and appliances or apps ratus of every kind and nature used in connection with or forming a part of an instal ation for disposing sewage located on the customer's side of "Point of Collection" whether such installation is owned by customer, or used by consumer under lease or otherwise. CUSTOMER'S WATER INSTALLATION - 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 utilizing water for any purpose ordinarily located on the customer's side o: "Point of Delivery", whether such installation is owned by customer or used by consumer under lease or otherwise. DISTRICT - St. Lucie County Airport Utility District. DOMESTIC WAS-EWATER - Wastewater generated by dwellings, business buildings, institutions, and the like. Domestic waste cannot be accepted by the District if Hazardous / Industrial Waste components are detectable. EQUIVALENT RESIDENTIAL CONNECTION (ERC) - See Uniform Extension Policy. GREASE TRAP/O L SEPARATORS - A device for separation of grease, oil or similar deleterious substances from wastewater by flotation, so that it can be removed from the surface prior to discharge into a sanitary wastewater system. 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 2 HAZARDOUS WASTE - Any substance, waste or product that is potentially damaging to environmental health because of toxicity, ignitability, corrosivity, chemical reactivity, radioactivity, infectious characteristics, or any other reason. INDUSTRIAL WASTEWATER - Wastewater generated by industrial sources or processes includiqg reject water from reverse osmosis treatment units. METER - A device used to measure water delivered to a customer by the District. POINT OF CONI~ECTION - The point where the District's main collector pipes are connected with pi 3es of the customer. POINT OF DELIVERY - The point where the District's pipes (mains) or meters are connected to pipes of the customer, or customer's property line if so designated by District. POTABLE WATER - Water that is considered satisfactory for domestic use. RATE RESOLUT ON - The resolution of the St. Lucie County Board of County Commissioners adopting rates, fees and charges for the District, as amended from time to time. RECLAIMED WA-ER MAIN - A pipe, conduit, or other facility installed to convey reclaimed water to individual service lines or to other mains. SERVICE LINES - The customer's pipes (service laterals) which are connected to the District's mains at the "Point of Collection". SERVICE POLICY- The Uniform Water and Wastewater Service Policy of St. Lucie County Airport Utility District as amended from time to time. WASTEWATER N'AIN - A pipe, conduit, or other facility installed to convey sewage from individual service lines or other mains. STORM WATER - The water which results from and occurs immediately following a rainfall event; water produced by unusually high tides and/or hurricane surges. UNIFORM EXTENSION POLICY- The Uniform Extension Policyadopted bythe St. Lucie County Board of County Commissioners, as amended from time to time. WATER MAIN - A pipe, conduit, or other facility installed to convey water service to individual service lines or to other mains. 3 INDEX OF RULES AND REGULATIONS RULE NUMBER 1.0 POLICY DISPUTE 2.0 GENERAL It, FORMATION 3.0 SIGNED APPLICATION NECESSARY 4.0 APPLICATIClNS BY AGENTS 5.0 WITHHOLDING SERVICE 6.0 EXTENSIONS OF FACILITIES 7.0 LIMITATION OF USE 8.0 CONTINUITY OF SERVICE 9.0 TYPE AND Fy AINTENANCE 10.0 CHANGE OF CUSTOMER'S INSTALLATION 11.0 INSPECTIOI', OF CUSTOMER'S INSTALLATION 12.0 PROTECTIO~I OF DISTRICT'S PROPERTY 13.0 ACCESS TO PREMISES 14.0 RIGHT-OF-~. AY OR EASEMENTS 15.0 BILLING PEF;IODS 16.0 DELINQUENT BILLS 17.0 PAYMENT O: WASTEWATER AND WATER SERVICE BILLS CONCURRENTLY 18.0 TEMPORARv DISCONTINUANCE OF SERVICE 19.0 EVIDENCE CF CONSUMPTION PAGE NUMBER 6 6 6 6 7 7 7 8 8 8 9 9 9 9 9 10 10 10 10 4 RULE NUMBER 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0 31.0 32.0 33.0 34.0 35.0 INDEX OF RULES AND REGULATIONS (cont.) TAX CLAUSE CHANGE OF OCCUPANCY UNAUTHOR ZED CONNECTIONS - WASTEWATER UNAUTHOR ZED CONNECTIONS - WATER ADJUSTMEh T OF BILLS CUSTOMER DEPOSIT STORM WATER INDUSTRIAL WASTEWATER GREASE TRAPS, OIL SEPARATORS HAZARDOUS WASTES METERS ALL WATER THROUGH METER REQUEST FOR METER TEST BY CUSTOMER ADJUSTMEI~T OF BILLS FOR METER ERROR BACKFLOW PREVENTERS MISCELLANFOUS SERVICE CHARGES PAGE NUMBER 10 11 11 11 11 12 13 13 13 13 13 14 14 14 15 16-17 5 RULES AND REGULATIONS 1.0 2.0 3.0 4.0 5.0 POLICY DISPUT= -Any dispute between the District and the customer or prospective customer regarding the meaning or application of any provision of this Policy, upon written request by either party, will be resolved by the St. Lucia County Utility Director. Any party not satisfied by this decision, may, within ten (10) days thereof, appeal the decision to the County Administrator. GENERAL INFORMATION - In the event the District's Rules and Regulations are inconsistent with any Statute, Law or Court Order, and Stature, Law or Court Order shall prevai and the District's Rules and Regulations shall be null and void. These Rules and Regulations apply to the rate schedules, applications and contracts of the D strict. In the absence of specific written agreement to the contrary, these regulations apply without modification or change to each and every customer to whom the District renders water and/or wastewater service. in the event that a portion of these Rules and Regulations is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision sha I in no way affect the validity of the remaining portions of the Rules and Regula :ions for water and/or wastewater service unless such court order or decision shall so direct. SIGNED APPLICATION NECESSARY - Water and/or wastewater service is furnished upon si~cned application accepted by the District and the conditions of such application a'e 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 shal furnish to the District the correct name, street address and legal description o-' property to which water and/or wastewater service is to be rendered. APPLICATIONS EY 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 District and an agent 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 prir cipal of the application(s) entered into between agent and the District and under which such water and/or wastewater service is rendered. WITHHOLDING SERVICE - The District may withhold or discontinue water and/or wastewater service provided to any customer if all prior indebtedness to the District has not been settled in full. Service may also be discontinued for any 6 6.0 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 O: FACILITIES - Extensions will be made to the District's facilities in compl ance with the District's Uniform Extension Policy and Rate Resolution. 7.0 LIMITATION OF JSE- (A) Wastewater service purchased from the District shall be used by the customer only for the purposes specified in the application or agreement for wastewater service. Wastewater service furnished to the customer shall be for the customer's own use and sewage shall be received directly from the customer into the District's main wastewater lines. In no case shall a cus:omer, except with the written consent of the District, extend his lines across a street, 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 unaulhorized 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 reimbursement in full made to the District for all extra expenses incurred for clerical work, testing and inspections. Also, see Rule 26.0 t3 29.0: Storm Water, Industrial Waste, Grease Traps and Hazardous Wastes. (s) Water serv ce 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 t~e customer through District's individual meter and may not re- metered by the customer for the purpose of selling or otherwise disposing of water se'vice 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 re-meterinc~ said water service for the purpose of making a profit. In no case shall a customer, except with the written consent of the District, extend his I'nes across a street, alley, lane, court, property line, avenue, or other way, in order to furnish water service for adjacent property through one meter, even though such adjacent property is owned by that customer, n case of such unauthorized extension, re-metering, sale or disposition of service, customer's water service is subject to discontinua ~ce until full payment is made of bills for water service, calculated on proper classification and rate schedules and reimbursement in full made to the District for all extra expenses incurred for clerical work, testing, and inspections. 7 8.0 9.0 10.0 11.0 Under no circumstances shall any source of water other than the District's be connec:ed to the District's water supply system or any part thereof, be it on private or public property except with the written consent of the District The District shall have the dght of inspection at reasonable times during cus:omer's installation to verify compliance with Rules and Regulations. CONTINUITY OF SERVICE - The District will at all times use reasonable diligence to provide continuous water and/or wastewater service, and shall not be liable to the customer for failure or interruption of continuous water and/or wastewater service. The District shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accidents, litigations, breakdowns, shut, downs for emergency repairs, or adjustments, acts of sabotage, enemies of the United States, Wars, United States, State, Municipal or other governmental interference, Acts of God or other causes beyond its control. If at any -ime the District shall interrupt or discontinue its service for any period greater than one hour, except for emergency repair as indicated, all customers effected by said interruption or discontinuance shall be given not less than 24 hours not ce by publication, radio or television service announcement. TYPE AND MAINTENANCE - The customer's pipes, apparatus, and equipment shall be selected, installed, used and maintained in accordance with standard practices, conforming with the Rules, Regulations and Specifications of the District, subject to full compliance with all laws and governmental regulations applicable to same. The District shall 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. CHANGE OF CUSTOMER'S INSTALLATION - No changes or increases in customer's installation, which will materially affect the proper operation of the pipes, mains or pumping stations of the District shall be made without written consent of the Dis:rict. The customer will be liable for any changes resulting from a violation of this rule. INSPECTION OF CUSTOMER'S INSTALLATION - All 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 practice, company rules, regulations and specifications and such local governmental rules. Where municipal or other governmental inspection is required by local rules or ordinances, the District cannot render water and/or wastewater service until such inspection has been made and a formal notice of approval from 8 the inspecting authority has been received by the District. Failure to have an inspection will result in the customer having to expose the service line for inspection at his own costs. The District reserves the right to inspect the customer's instal ation prior to rendering water and/or wastewater service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof. 12.0 PROTECTION O= DISTRICT'S PROPERTY - The customer shall exercise reasonable dilige ~ce to protect the District's properly on the customer's premises, and shall knowingly permit no one but the District's agents, or persons authorized by law, to have access to the District's pipes and apparatus. In the event of ary loss, 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 suc~ loss or repairing such damage, including attorneys' fees and court costs if enforcement proceedings are initiated, shall be paid for by the customer, which cost shall constitute a lien on property served until paid. 13.0 ACCESS TO PR---MISES - The 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 District's property, and other purposes incident to performance under or termination of the District's agreement with the customer and in such performance shall not be liable for trespas,~. 14.0 RIGHT-OF-WAY OR EASEMENTS - The customer shall grant or cause to be granted to the District without cost to the District, all rights, easements, permits, and privileges wh ch are necessary for the rendering of water and/or wastewater service to the customer's property and to other customer's of the District, including mains, I nes, pump stations, fire hydrants and the like. Failure to comply with this section shall be cause for discontinuance of service to the customer. 15.0 BILLING PERIODS - Bills for water and/or wastewater service will be rendered monthly. Bills are due when rendered and shall be considered as received by customer when delivered or mailed to wastewater service address or some other place mutually agreed upon. Nonreceipt of bills by customer shall not release or diminish obligation of customer with respect to payment thereof. 16.0DELINQUENT BILLS - Bills are due when rendered, and if not paid within twenty (20) days thereafter become delinquent, and water and/or wastewater service may then, after fi~ e (5) days written notice, be discontinued. Service will be resumed only upcn payment of all past-due bills and penalties, together with a service charge established on the basis of the expenses incurred in the 17.0 18.0 19.0 20.0 21.0 disconnection or restoration of service which shall be nondiscriminatory in its application. There shall be no liability, of any kind against the District by reason of discontinuance of service to the customer for failure of the customer to pay the bills on time. No partial payment o: any bill rendered will be accepted by the District, except by agreement with District, or by order or direction of the St. Lucie County Board of County Commiss oners. PAYMENT OF WASTEWATER AND WATER SERVICE BILLS CONCURRENTLY - When both wastewater and water service are provided by the District, payment of any wastewater service bill rendered shall not be accepted by the District without the simultaneous or concurrent payment of any water service bill. If the charges for wastewater are not paid, the District may discontinue both wastewater service and water service to the customer's premises for non- payment of the wastewater service charges, oflr if the charges for water are not paid, the District may discontinue both water service and wastewater service to the customer's premises for non-payment of the water service charge. The District shall not reestablish or reconnect wastewater and water service or either of customer's services until such time as all wastewater and water service charges and all olher expenses or charges established or provided for by these Rules and Regulations are paid. TEMPORARY DISCONTINUANCE OF SERVICE - Where service is to be restored at the same premises to the same customer (member of household or designated agentl, customer will pay to the District the base facility charge for each billing perio¢ during which service was discontinued. All prior indebtedness must be paid befcre service will be restored. EVIDENCE OF CONSUMPTION - The initiation, continuation, or resumption of water service to the premises shall constitute evidence of the initiation, continuation, or resumption of wastewater service to the premises, regardless of occupancy. TAX CLAUSE - Rates and/or charges may be increased or a surcharge added in the amount of the applicable proportionate part of any taxes and assessments imposed by any governmental authority in excess of those in effect after the approval of this rue which are assessed on the basis of meters or customers or the price 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 suppliec by the District with water and/or wastewater service, WRITTEN NOTICE may be requested 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 wil be held responsible for all water and/or wastewater service 10 22.0 23.0 24.0 25.0 used on such pre'nises until such WRITTEN NOTICE is so received and the District has had reasonable time to discontinue water and/or wastewater service. However, if such WRITTEN NOTICE has 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 te 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 transfer water and/or was' ewater service and will use all reasonable diligence in the execution thereof However, oral orders or advice shall not be deemed binding or be considered :ormal notification to the District. UNAUTHORIZEC CONNECTIONS - WASTEWATER - Connections to the District's wastewater system for any purpose whatsoever are to be made only by employees of the District or under direct supervision of District's authorized employee. Unaulhorized connections render the service subject to immediate discontinuance w thout 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 hav~ been used by reason of such unauthorized connection. UNAUTHORIZED CONNECTIONS -WATER - Connections to the District's water system for any purpose whatsoever are to be made only by employees of the District or uncer direct supervision of District's authorized employee. Unauthorized connections render the service subject to immediate discontinuance w thout notice and water service will not be restored until such unauthorized con~ections have been removed and unless settlement is made in full and for all peralties, damages, and water service estimated 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 application of the rate schedule, or if wastewater service is measured by water consumption, a meter error is determined, the undercharged amount may be b lied 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. Tqe amount of such deposit shall be calculated in accordance with the District's :~ate Resolution. After a residential customer has established a satisfactory payment record and has had continuous service for a period of 25 months, the District will refund the customer's deposit provided the customer has not, in the preced ng 12 months, (a) made more than one late payment of the bill 11 (after the expiration of 20 days from the date of mailing or delivery by the District), (b) paid with a check refused by a bank, (c) been disconnected for non- payment, or at anytime, (d) tampered with the meter, or (e) used service in a fraudulent or unauthorized manner The District will accrue interest on the customer's deposit and shall apply said interest to the customer's active account on an annual bas s. If a customer terminates service the deposit plus accrued interest will be credited against the final account and the balance, if any shall be returned to the customer with forty-five (45) days of service discontinuance. The District shall accrue interest on customer deposits at an annual rate not to exceed the rate earned by the District in the preceding fiscal year. The District may require, upon reasonable written notice of not more than fifteen (15) days, such request 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 and/or wastewater service for two billing periods. In the event the customer has had service less than two billing periods, then the District shall base its new or acditional deposit upon the average actual monthly billing available. Governmental ent ties are exempt from the deposit requirement as are other utilities that provide service to the District which have reciprocating no deposit requirements. Governmental entities include: 2. 3. 4. 5. Federal, State and County Agencies Mumcipalities Special Taxing Districts St. LJcie County School Board Entit es lawfully empowered.to levy and collect taxes 26.0 27.0 STORM WATER - No storm water systems of any kind shall be connected to the District's wastewater system, including air conditioner cooling water and condensate lines which normally discharge to storm water drainage systems or drainflelds, No storm water shall be diverted into the District's wastewater system through manholes, cleanouts, and the like. Failure to comply with this rule will cause disoontinuance of water and wastewater service. INDUSTRIAL WASTEWATER - 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 pretreatmer~t facilities are provided on customer's premises by customer, properly operated and approved in writing by District and all applicable regulatory agencies. 12 28.0 29.0 30.0 31.0 32.0 GREASE TRAPS, OIL SEPARATORS - All commercial food preparation facilities and all cther facilities 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 be properly maintained by customer or owner. Design a~d 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 oil in excess of allowable amoun-s, 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 wastewater with high grease and/or oil concentrations si-all be cause for discontinuance of water and wastewater service. HAZARDOUS WASTES - No hazardous wastes of any kind shall be discharged into District's was:ewater system under any circumstances without prior 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 - All wa:er meters shall be furnished by an remain the property of the District and shall be accessible and subject to is control. The customer shall provide meter spece to the District at a suitable and readily accessible location and, when the District considers it advisable, within the premises to be served. The customer shell also provide adequate and proper space for the installation of meter and other similar devices. ALL WATER THROUGH METER - That portion of the customer's installation for water service shal be so arranged that all water service shall pass through the meter. No temporary pipes, nipples, or spacers are permitted and under no circumstances are connections allowed which may permit water to by-pass the meter or metering equipment. REQUEST FOR I~ ETER TEST BY CUSTOMER - Should any customer request a bench test of his water meter, the district will require a deposit to defray cost of testing and that the test be requested in writing. Such deposit not to exceed the schedule of fees set forth in the Rate Resolution. If the meter is found to register in excess of the accuracy limits prescribed under the Rule No. 33.0 af this Policy, the deposit will be refunded. But if below such accuracy limit, the deposit will be retained by the District as a service charge for conducting the test. 13 33.0 Further, upon written request of any customer, the District shall, without charge, make a field test of the accuracy of the water meter in use at customer's premises provided that the meter has not been tested within the past six (6) months ADJUSTMENT 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 - Whenever 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 to the customer the amount billed in error for one-half the period since the last test. Said one-half period not to exceed twelve 912) 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 available records. Re refund shall not include any part of any minimum charge. SLOW METERS - The District may back bill in the event that a meter is found to be slow, non-registering or partially registering. The District may not back bill for any period greate. than twelve (12) months from the date it notifies a customer that the meter is slow, non-registering or partially registering. If it can be ascertained that t le meter was slow, non-registering or partially registering for less than twelve (12) months pdor to notification, then the District may back bill only for the lesser period of time. In any event, the customer may extend the payments of the back bill over the same amount of time for which the utility issued the back b II. METER ACCURACY REQUIREMENTS - All meters used for measuring quantity of water delivered to a customer shall be in good mechanical condition and shall be adequate in size and design for the type of service which they measure. Before being installed for the use of any customer, every water meter, whether new, repaired or removed from service for any cause, shall be adjusted to register within the accuracy limits set forth in the following table: 14 METER TYPE ACCURACY LIMITS IN PERCENT MAXIMUM INTERMEDIATE I RATE RATE NEW REPAIRED 34.0 35.0 Displacement 98.5 - 101.5 98.5 - 101.5 95-101.5 90-101.5 Current 97- 103 97- 103 95- 103 90- 103 Compound* 97-103 97-103 95-103 90-103 * The minimum requ red accuracy for compound meters at any rate within the "changeover" range of flows shall be 85% BACKFLOW PREVENTERS - St. Lucie County requires the installation of backflow prevention devices with all new services. A backflow prevention device shall be installed in accorcance with the District's specifications. All installations shall be prior to or in conjunction with the meter installation. All backflow prevention devices subject to the District's control. If approved by the District, the District shall own and maintain the backflow prevention device itself between the inlet and outlet valves of the device on all installations two-inch and smaller. For insta lations larger than two-inch, the District shall retain ownership and maintenance responsibility for all piping and appurtenances between the connection to the District's main and the discharge flange of the downstream valve on the above-ground backflow preventer assembly. In the event the District does not so determine to own and maintain the backflow or prevention device as set forth above, the customer shall own and be responsible for the maintenance and all certifications required by law with respect to the operational status of the backflow prevention device. Failure to submit timely backflow certifications to the District shall be cause for discontinuance of service until proper certification is submitted to the District. The customer shall provide space at a suitable and readily accessible location and, whe3 the district considers it advisable, within the premises to be served. The cus-omer 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 backflow prevention devices upon request by the D~strict if District determines that a potential hazard for other customers exist. MISCELLANEOUS SERVICE CHARGES - The District shall charge the following miscellaneous sar, lice charges as set forth in the Rate Resolution in accordance with the terms also stated below. If both water and wastewater services are provided, only a s ngle charge is appropriate unless circumstances beyond the control of the Distr ct require muttiple actions. 15 INITIAL CONNECTION - This charge would be levied for service initiation at a location where service did not exist previously. NORMAL RECOhlNECTION - 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 RECONNECTION - This charge would be levied prior to reconnection of an existing customer after disconnection of service for cause, including a delinquency in bill payment. PREMISES VISIT CHARGE (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 does not discontinue servic9 because the customer makes payment arrangements with the District, and the customer service representative verifies arrangements with service personnel. Service personnel cannot accept payments in any form from customers. RETURNED CHECK CHARGE/BANK DRAFT - It is the policy of the District (the "County") to accept checks or bank drafts from the public for the payment of fees and other charges, drawn only on United States banks in U.S. currency. Checks must include the drawer's name and address imprinted on the checks. Pre- Authorization is required for the establishment of direct bank payments. The customer must complete the Pre-Authorized Bank Payment Plan Enrollment Form. It is the further policy of the District to invoke any and all available penalties, service fees, service charge or civil actions, including reasonable attorneys' fees, when checks or bank drafts are dishonored. The District's rece pt of a check or bank draft is considered to be a conditional payment until it is honored by the drawer' bank. If the check or bank draft fails to clear the bank for any reason, it is considered a non-payment. Payment of delinquent accounts by a check failing to clear will result in immediate discontinuance of service at the District's discretion. Upon District's receipt of dishonored check or bank draft notice will be sent to the drawer indicating that the drawer has 30 (thiEy) days from receipt of notice to tender payment in cash of the full amount of the ~"heck or bank draft, and service charges and/or service fees authorized under Section 125.0195, Florida Statutes. If payment is not received within 30 days, tha District reserves the right to pursue any criminal actions, pursuant to Section 832.07, Florida Statutes. 16 In order for the District to recover a portion of the cost for handling dishonored checks or bank crafts the District may charge the maker of a worthless check or bank draft a service fee of twenty-five dollars ($25.00), if the face value of the check or bank dr~ft does not exceed $50.00; thirty dollars ($30.00) if the face value exceeds $50.00 ~ut does not exceed $300.00; forty dollars ($40.00), if the face value exceeds $$00.00; or five percent (5%) of the face amount of the check or bank draft (whicl"ever is greater), pursuant to Section 125.0105, Florida Statutes. REFUND FOR R---FUNDABLE CHECK DEPOSITS - No refunds will be made for refundable utility ¢ eposits until at least fifteen (15) working days after the date of the deposit of the check by the District. REMINDER NOT CE LATE CHARGE - When a utility bill is delinquent (See Rule No. 16 Delinquen~ Bills) and a written notice is issued, the District shall impose a late charge of $1.30 or 1.5% of the delinquent amount, whichever is greater. 17 ST. LUCIE COUNTY UNIFORM EXTENSION POLICY AIRPORT UTILITY DISTRICT I. INTENT. St. Lucie County (t/~e "County"), as owner and operator of a Water and Wastewater Utility System located on County Airport property (the "Utility"), hereby establishes this Uniform Extension Policy- Airport Utility District (sometimes referred to as the "Policy") designed to set forth the service and financial relationship between the Utility and property owners, builders or developers seeking to obtain water and/or wastewater service for the benefit of their properties. This Po icy should not be construed as a conmaitment to provide capacity upon demand. The County declares that each prospective customer of the Utility shall be responsible for the cost allocable to it, for wastewater treatment and disposal, wastewater collection facilities, water treatment and distribm ion facilities necessary to provide the required service to its property. This Policy further has as its goal, the establishment ora uniform method of computing or determining all capital cortributions required to be paid by prospective customers which shall be demonstrably non-discriminatory among customers of the same class in the service area, and shall be further applied uniformly to all customers and prospective customers within the present or expanded future service area. The County further de:lares that the reservation of capacity from Utility facilities which are in existence, under construction, or under active design for near term construction requires the payment of guaranteed revenue fees which are intended to offset the fixed costs of operating and maintaining utility facilities reserved for future use. No capacity will be reserved without payment of guaranteed revenue fees. Such fixed costs include maintenance, administrative 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 Cot~nty's intention that the connection charges provided for herein and the guaranteed revenue fees which support the carrying costs of facilities held for future use, be established from time to time, so as to balance the f'mancial requirements of the system equitably and properly between the existing customers of the Utility and prospective customers. In order to provide for future facilities, it is County's policy that prospective future customers should be required only to pay the allocable share of costs properly attributable to them. The policy and goal of the County is that the connection charges and capacity reservation fees paid by such prospective customers are r.ot to be used for the operation 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 properly sized and allocated to each future customer or for debt service and maintenance expense allocable to such plant facilities constructed for future customers. II. DEFINITIONS. (a) Connection Uharees: The reasonably anticipated cost of expansion of facilities necessitated by Customers cannection to the existing facility. (b) County: St. Lucie County, Florida. As used in this Uniform Extension Policy (South Hutchinson Island District), the terms "County" and "Utility" may be interchangeable. (c) Developer/Future Customer: Any person or entity seeking to secure water and/or wastewater services for property(ies) within the Utility's service area for thc benefit of itself or prospective future customers of such service, including a lot owner. (d) Developer,'Future Customer Aereement: A written agreement setting forth in detail the terms and conditions under which thc County will render service to a Developer/Future Customer's property, and .,etting forth the obligations and requirements of each party to the agreement. (e) Equivaleni Residential Connection(ERC): An average residential consumer that generates 250 gallons of wastewater per average day or consumes 250 gallons per day of domestic water in the max:mum month which is used as a unit of comparison for all consumers. All non-residential consmr_ers are converted to ERCs by dividing their respective wastewater generation or water consumption quantity in gallons by 250. Master metered multi-family dwelling units are deemed :o have a wastewater generation of 250 gallons ofwastewater per day per dwelling unit. The calculation of commercial wastewater generation shall be determined by the District in accordance with Chapter 10d-6, Florida Administrative Code, as may be amended from time to time. Equivalent Dwelling Units and Equivalent Residential Connections are synonymous terms which d. ffer only in the specific characteristics of the utility system. (f) Guaranteec, Revenues: Those charges required by the County to financially support the fixed costs of maintaining capacity reserved for future use by specific Developers/Future Customers, as further provided herein. (g) Point of Connection: The point where the Utility's master water or wastewater distribution/collection pipes are connected with pipes of the customer. (h) Point of Delivery: The point where the Utility's water or wastewater pipes (mains) are connected to pipes of the customer, or customer's property line if so designated by Utility. (i) Re~'undable Advance Agreement: Money paid or property transferred to the County, pursuant to ar. agreement, by a Developer/Future Customer for the installation of utility plants or facilities which are deliberately oversized relative to Developer/Future Customer's individual nee:Is, which over sizing 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 construct same. In the case of such over sizing, County will collect from s'~bsequent Developer/Future Customers who utilize such facilities, their pro rata share of the cost of such facilities and act as transfer agent for return of such monies to the original Developer/Future Customer who paid for such refundable advance, pursuant to specific agreement therefo:. 0) Reserved Capacity: The specific allocation of water and/or wastewater capacity by the County for the benefit of Developer/Future Customer as evidenced by a Developer Agreement and supported by the payment of guaranteed revenue fees in accordance with this Policy. In the event Developer/Future Customer's actual capacity utilization exceeds the capacity allocated to Developer/Future Customer in its Developer Agreement, as determined by the County's engineers, then Developer/Future Customer shall pay, on demand, connection charges for such excess capacity utilized, together with accrued guaranteed revenue fees fi'om the date of execution of the Developer Agreement, and together with any fines or penalties levied by jurisdictional regulatory agencies as a result of over utilization of permitted facilities. The County reserves the fight to and Developer/Future Customer consents to the issuance of an injunction by a court of competent jurisdiction to prevent actual capacity utilization from exceeding the capacity al ocated. (n) Uniform Wastewater Service Policy (Airport Utility District): That certain Uniform Service Policy adopted by the County, as amended from time to time, establishing the rules, regulations, charges, billing procedures, collection procedures, lien rights and service responsibilities of all on-line customers. III. AVAILABILITY. The provision of service under this Policy is available to Developers/Future Customers subject to matters of technical, environmental and economic feasibility, which shall always allow to the County adequate revenue support for the County's capital which it has invested or may be required to invest in conjunction with any proposed extension. IV. ALLOCABLE C DSTS. (a) Developer's/Customer Facilities: Each Developer and/or customer shall be responsible for bearing the cost of the design, installation, inspection and testing of the complete water and/or wastewater collection and distribution systems located in the street or streets adjoining or within the bo andaries of Developer's property to a Point of Connection to the County's master water and/or wastewater collection/distribution systems and Point of Delivery of such size and capacity as needed to serve the Developer/customer's needs in accordance with all applicable regulations, standards and specifications. The term "complete water and/or wastewater system", as used herein, shall include all component parts of a wate: and/or wastewater collection/distribution systems, all collection lines, distribution lines, manholes, force mains, lift or pumping stations, water storage facilities, including the site for same and ali other appurtenances as shown upon the approved design for the installation of such water and/or wastewater collection/distribution systems. The County's requirement for the installation of oversized lines or facilities designed to provide capacity over ant above that which is required to meet the Developer's needs shall be the subject ora Refunding Agreement as set forth hereafter in this Policy. If so requested by the Developer and agreed to by the County, and taking into consideration the limited site of Developer's property for which service has been requested, the County may design and iastall the water and/or wastewater collection/distribution system(s). In such event, the County re serves the right to compute the estimated cost of such extension and to require Developer to pay such cost of construction in lieu of Developer's installation of the water and/or wastewater collect_on/distribution system(s). (b) Master Wastewater Collection System - Hydraulic Share: The County declares that service to each Devel ~per's property is dependent upon those water and/or wastewater collection/distribution lines, wastewater force mains, master pumping stations, and water facilities necessary to connect all Developer's property with the central facilities of the County adequate in size to provide proper pressure and transmission from all Developers' properties. All of these "master" facilities shall be designated by the County consulting engineers as the master water and/or wastewater collection system(s). The Master Water and Wastewater system is defined as those major force mains having a diameter of not less than six (4) inches and those water mains having a diameter of not less than four (4) inches. It is the County's policy to apportion the cost of the master water and/or wastewater system(s) pro rata against all properties receiving or designed to receive service from such master systems. The County further declares that the charge for Developer's hydraulic share of the master distribution and collection ~acilities will be applicable to Developer's property whether or not the master transmission lines, force mains and pumping stations have been previously constructed. The apportionment of the cost of the master distribution and collection system(s) has been equated to a cost per ERC, and such costs have been included within the connection charge in accordance with the schec ules set forth herein. The specific location of Developer% property and the County's requirement for economic feasibility may result in Developer being required to advance all or a portion of the cost of the master systems in order to extend the master systems of the County from their present terminus to the Point of Connectioa and/or Point of Delivery with Developer's facilities. Such eventualities are covered by provisions in the Uniform Extension Policy (Airport Utility District) under the heading of "Refundable Advances". (c) Connection Charees: County has established Connection Charges as a method of expressing the cost to De~ eloper of its allocable fair share of reasonably anticipated costs of expansion of facilities neoessitated by Customers connection to the existing facility. The County declares that such connection charges shall be uniform among all Developers within the service area. The minimum number of connections charged will be one (1) ERC per meter connection for all residential, commercial or general service customers. The Connection Charges shall be those adopted by resolution of the Board of County Commissioners for St. Lucie County, Florida, as same may be amended from time to time, as are in effect at the time of reservation of capacity, provided that guaranteed revenues are paid in full. (_f) Commercial: All property devoted to industrial, business, educational, mixed use, or other non-residential shall be considered to be commercial uses. The Connection Charges to be paid to the County for such proposed uses shall be based upon determining the residential equivalency (ERU) of such proposed use. The County's engineers shall estimate the anticipated wastewater discharge on a daily basis based upon the criteria contained within Chapter 10D-6, F.A,C., and shall divide such gross daily consumption by a factor of 250 gallons per day to determine the number of ERCs to be used. Such residential equivalency factor shall be multiplied by the Conner tion Charges then in effect for single-family residential use in order to determine the connection charges applicable to such proposed commercial use. The minimum connection charge for any commercial use shall be that of one ERC. (h) Connectioa Charges - When Payable: Connection Charges for all capacity reserved are declared to l:e due in full at the time of the execution of the Developer Agreement reserving capacity. This :eservation may be made for the entire project or specific phases. However, capacity shall only be reserved for that which Connection Charges have been paid. In the event Developer elects to pay Connection Charges in phases, he shall pay such Connection Charges in full for each p ~ase prior to the commencement of each such phase. In no instance shall active connections to the system be made prior to the payment of connection fees. V. GUARANTEED REVENUES. The Connty declares that each Developer/Future Customer is responsible to provide the economic support required to cover certain fixed costs of maintaining treatment plant capacities reserved for the Developer/Future Customers. Accordingly, Guaranteed Revenue Fees charged to a Developer/Future Customer for the capacity which it has reserved are established to recover certain of the fixed costs per month in the County's system from time to time. Guaranteed Revenue Fees shall be charged monthly to the Developer/Future Customer as part of the Developer/Future Customer Agreement. OBLIGATIONS OF DEVELOPER/FUTURE CUSTOMERS. (a) Reclaimed Water: It shall be the Developer/Future Customer's obligation to accept reclaimed water from the County when it becomes available, as delivered by the County. This policy does not commit the County to provide a specific amount of reclaimed water. (b) Engineering Information: It shall be the Developer/Future 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 prq ect in terms of the amount of water and/or wastewater services required or the number of ERCs required by the subject property. Increases in the number of ERCs required by the proj :ct beyond those which have been reserved will result in the requirement for the payment of additional Connection Charges and a recalculation to conform with the accurate ERC reqairements. Developer/Future Customer is solely responsible for errors or changes in engineering information or the design of its on-site water and/or wastewater collection/distribution system(s). Any error in Developer/Future Customer's plans or the construction 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 reconstruction of facilities. (c) Easements and Right of Way: Following the construction of any water and/or wastewater collection/distribution facilities proposed to be connected to the facilities of the County, Developer/Future Customer shall grant to County such easements or rights of way corresponding with the installation of the facilities. Such grant or conveyance shall be in form satisfactory to counsel of County, together with such evidence as may be required by County that the easements and/or fights of way transferred to County are titled to the County and free of ali liens, encumbrances and encroachments. Such conveyances shall be made without cost to County. County reserves the right to require such easement or right of way to the Point of Delivery and Point of Connection. (d) System Desien - Independent Engineers: County shall accept the design of wastewater facilities prepared by a professional engineer, registered in the State of Florida, regularly engaged in the field of environmental engineering, coveting the design of Developer/Future Customer's on-site wastewater collection and reclaimed water system. Provided, however, that each such design shall be fully subject to the approval of County's engineer and shall conform in all respects to the written criteria of County governing the installation of utility facili:ies 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 designs ofwastewater collection and reclaimed water facilities are at all times subject to the approval of other agencies having jurisdiction over such desi,~,m. The engineer of record shall be present at all pressure tests, lampings and lift station start- ups. Additionally, County reserves the tight to inspect all on-site systems to which it does not take title. In the event that the Developer/Future Customer completes construction of on-site facilities and covers such facilities prior to inspection by County, County reserves the right to require uncoveting of such lines so that same can be inspected prior to being placed into service. (e) Inspection Fees: County reserves the right to inspect the installation of all water and/or wastewater collecticn/distribution facilities installed by Developer/Future Customer, which facilities are propc sed to be transferred to County for ownership, operation and control. Such inspection is designed to assure County that water and/or wastewater lines and/or lift stations are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation. County further reserves the right to be present at tests of component parts of wastewater collection and reclaimed water systems £or the purpose of determining that the system, as constructed, conforms to the County's criteria including but not limited to exfiltration, infiltration, pressure testing, line and grade. Such tests wil be performed by Developer/Future Customer, but only under the observation of County's engineer or authorized inspector. County reserves the right to charge an inspection fee not to exceed two (2%) pement of the cost, either actual or estimated, of the subject water and/or wastewater facilities as installed by Developer/Future Cust)mer. County maintains full-time inspection capability and the cost for inspection services as set :brth herein is and shall continue to be designed to defray the actual cost of conducting such inspections and testing. (f) Inspections of Plumber's Hook-Up: It shall be the responsibility of Developer/Future Customer to connect Developer's plumbing installation with the water and/or wastewater collection and facilities of County. The connection is generally made at the Point of Connection or Delivery which shall be where the building water and/or wastewater line(s) connects with the Utility lateral coming from the main to the property line of customer. County reserves the right to inspec: all such connections to be assured that the same are properly made in accordance with County's rules governing such connections and that the connection, as made, is free from infiltration or lea cs within reasonable engineering standards. (g) Administrat on Fees: County reserves the right to charge Developer/Future Customer the actual administrative costs of processing Developer's service request, including, but not limited to, the cost of preparation of agreements, preliminary engineering costs, review and approval of governmental agency applications, construction/engineering plans and shop drawings, recording costs, and legal preparation, review and processing costs. VII. TRANSFER OF PROPERTY - BILLS OF SALE. Each Developer/Fmure Customer who has constructed portions of the wastewater collection and reclaimed water system on Developer/Future Customer's own property prior to intemonnection with County's existing facilities shall convey such component parts of the water and/or wastewater collection/distribution system(s) to County by bill of sale in form satisfactory to the County's counsel, to~ether with such evidence as may be required by County that the water and/or wastewater collection/distribution system(s) to be transferred to County is titled to the County and fi:ee and clear o['all liens and encumbrances. Any facilities in the category of "customer's lines" or "plun~ber's lines" located on the customer's side of the Point of Delivery or Connection shall not be transferred to County and shall remain the property of Developer/Future Customer, a subsequent owner-occupant thereof or their successors and assigns Such "customer's lines" or "plumber's lines" shall remain the maintenance responsibility of Developer~'uture Customer. County shall not be required to accept title to any component part of the water and/or wastewater collection/distribution system(s) as constructed by Developer/Future Customer until the Health Department and [11 other regulatory clearance is received and County's engineer has approved the construction of said lines, accepted the tests to determine that such construction is in accordance with the written criteria established by County and thereby has evidenced its acceptance of such lines for County's ownership, operation and maintenance. Developer/Future Customer shall maintain accurate cost records establishing the construction costs of all utility facilities constructed by Developer/Future Customer and proposed to be transferred to County. Such cost information shall be famished to County concurrently with the bill of sale and suc ~ cost information shall be a prerequisite for the acceptance by County of the portion of the wastewater collection and reclaimed water system constructed by Developer/Future Customer. County reserves the right to refuse connection and to deny the commencement of service to any customer seeking to be connected to portions of the wastewater collection and/or reclaimed water system installed by Developer/Future Customer until such time as the provisions of this section have been fully met by Developer/Future Customer or their successors or assigns. VIII. REFUNDABLE ADVANCES. County may require: in addition to the Connection Charges provided for herein, a refundable advance by Developer/Future Customer to deft:ay temporarily the cost of either over sizing any Developer installed facilities to a capacity greater than that which is required to meet the Developer/Future Customer's needs or for the extension of any portions of the master water and/or wastewater collection/distribution system(s) necessary to connect the Developer/Future Customer's property with the then terminus of the Utility's water and/or wastewater facilities. 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 Refimding Agreement which will provide for the contingent refund to Developer/Future Customer, in accordance with its terms and conditions, of such sums which exceed Developer/Future Customer's total commitmer, t for Connection Charges. The Refunding Agreement, where circumstances indicate, may be based upon the utilization by third party developers of the facilities constructed as a result of the refundable advance. The amount of retired due a Developer/Future Customer 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 property, in accordance with all applicable standards and specifications, and the cost of the oversized facilities as installed to meet the planning needs of the utility. This cost differential shall be divided by the number of future ERU's which may reasonably be connected to the oversized facilities in the future. In all cases, the speci 5c area to be served and the location and number of the 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 then current master water and/or wastewater collection/distribution system(s) components of the approved Connection Charges. The County shall not include any interest upon the ftmd of Developer/Futu:e Customer's advances, except in the case of specific agreements approved by the County. Tae term of the Refunding Agreement shall be limited to seven (7) years after the date of execution c f the Agreement. IX. AVAILABLE CAPACITY - APPORTIONMENT. The County reserves the fight to allocate available capacity among the several Developers/Future Customers to the end that a fair distribution of such capacity is accomplished and that no Developer/Futare Customer shall preempt others firom the reasonable opportunity to obtain such capacity when the same is required by such Developers/Future Customer in the near~ term future.