23-01120T


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BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT
NOTICE OF RULEMAKING PUBLIC HEARINGS FOR ADOPTION OF THE
AMENDED AND SUPPLEMENTED UTILITY RATES AND SOLIDS WASTE RATES AND REGULAR BOARD MEETING

The Governing Board (“Board”) of the Babcock Ranch Community Independent Special District (“District”) will hold a rulemaking hearing and a regular meeting at the following date, time and place:

Date and Time: December 21, 2023 at 1:00 p.m.
Place: The Hatchery
East Conference Room, Second Floor
42881 Lake Babcock Drive
Punta Gorda, Florida 33982

The public hearing will be a rulemaking hearing and will provide an opportunity for the public to address the proposed amended and supplemented Utility Rates and Solid Waste Rates. The purpose and effect of the proposed changes to the rules, rates, fees, and charges is to update such rules, rates, fees, and charges as provided below and to provide for efficient and effective District operations and to provide sufficient revenues to meet expenses and provide services within the boundaries of the District Prior notice of rule development and rulemaking for this rulemaking hearing was published in the Florida Administrative Register on November 16, 2023 and November 17, 2023, respectively. The proposed rules, rates, fees and charges are as follows:

POTABLE WATER, WASTEWATER AND IRRIGATION QUALITY WATER
RATES AND FEES SCHEDULE
Effective January 1, 2024

A. INITIAL FEES - CONNECTION FEES/AFPI, DEPOSIT FEES, TAP IN, ROAD PUSH

The below fees and rates are applicable to all Customers of the Utility at the time of an initial connection to the Utility System, depending on whether residential or non-residential.

Please consult the ERC Calculation Tool for an approximate ERC calculation. Final ERC calculation and meter sizing will be determined by the District.

Residential
Account Set Up Fee $47.00

Potable Water
Connection Fee/AFPI $2,899.46(per calculated # of ERC)
Meter Installation Fee
¾ ” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4
Customer Deposit $45.00
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Private Fire Protection1 (if separate meter/connection)
Connection Fee/AFPI (based upon fire flow)
0-50 GPM $4,808.10
51-100 GPM $6,256.60
01-150 GPM $7,291.23
151-300 GPM $9,470.10
301-500 GPM $11,372.66
501-750 GPM $13,382.31
751-1000 GPM $14,917.25
1001-1500 GPM $17,382.15
1501-3000 GPM $22,579.77
3001-4500 GPM $26,311.80
Meter Installation Fee
¾” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4
Customer Deposit $45.00
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Wastewater
Connection Fee/AFPI $3,044.32 (per calculated # of ERC)
Customer Deposit $50.00
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Irrigation Quality Water2
Connection Fee/AFPI $2,292.06 (per connection, regardless of meter size)
Meter Installation Fee
¾” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4
Customer Deposit $40.00
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Non-Residential
Account Set Up Fee $47.00

Potable Water
Connection Fee/AFPI $2,899.46 (per calculated # of ERC)
Meter Installation Fee
¾” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4

Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Private Fire Protection1 (if separate meter/connection)
Connection Fee/AFPI (based upon fire flow)
0-50 GPM $4,808.10
51-100 GPM $6,256.60
101-150 GPM $7,291.23
151-300 GPM $9,470.10
301-500 GPM $11,372.66
501-750 GPM $13,382.31
751-1000 GPM $14,917.25
1001-1500 GPM $17,382.15
1501-3000 GPM $22,579.77
3001-4500 GPM $26,311.80
Meter Installation Fee
¾” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4
Customer Deposit $45.00
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)
Wastewater
Connection Fee/AFPI $3,044.32 (per calculated # of ERC)
Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Irrigation Quality Water2

Connection Fee/AFPI $2,292.06 (per connection, regardless of meter size)
Meter Installation Fee
¾” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4
Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,524.20
(or Actual Cost4, whichever is greater)

Master Meter Irrigation Quality Water Service

Account Set Up Fee $45.00

Irrigation Quality Water2

Connection Fee/AFPI $2,292.06 (per calculated # of ERC)
Meter Installation Fee
¾” $558.99
1” $675.97
1½” $1,607.21
2” $1,785.67
Greater than 2” Actual Cost4
Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,606.31
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line)
$2,524.20 (or Actual Cost4, whichever is greater)

B. MONTHLY USE AND COMMODITY FEES - WATER, WASTEWATER AND IRRIGATION

Residential - Applicable to single-family Customers or multi-family Customers which are individually metered.

Potable Water
Monthly Base Facility Charge (based upon meter size)
¾” $31.20
1” $77.98
1½” $155.97
2” $249.54
Over 2” $31.20 (per calculated # of ERC)
Commodity Charge (per 1000 gallons)
0 to 6,000 gallons $6.18
6,001 gallons and above $9.03

Temporary Water Service (<2”) $337.65 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Private Fire Protection Service1
Monthly Base Facility Charge
2” or less $20.80
3” $41.58
4” $65.00
6” $129.99
8” $207.98
Commodity Charge (per 1000 gallons) $6.18

Wastewater
Monthly Base Facility Charge $36.50 (all meters)
Commodity Charge $6.48 (per 1,000 gallons, to max 10,000 gallons)

Temporary Wastewater Service $354.54 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Irrigation Quality Water2
Monthly Base Facility Charge (all meters) $10.03
Commodity Charge (per 1000 gallons) $3.00

Temporary Irrigation Service (<2”) $327.82 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge

Multi-Family Residential - Applicable to multi-family Customers as defined in the Babcock Ranch Water Utilities Policies Manual.

Account Set Up Fee $45.00

Potable Water
Monthly Base Facility Charge (per calculated # of ERC) $31.20
Commodity Charge (per 1,000 gallons)
0 to 6,000 gallons $6.18
6,001 gallons and above $9.03

Temporary Water Service (<2”) $337.65 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Private Fire Protection Service
Monthly Base Charge
2” or less $20.80
3” $41.58
4” $65.00
6” $129.99
8” $207.90
Commodity Charge (per 1000 gallons) $6.18

Wastewater
Monthly Base Facility Charge (per unit in building) $36.50
Commodity Charge $6.48
(per 1,000 gallons to max. 10,000 gallons per unit in the building)

Temporary Wastewater Service (<2”) $354.54 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Irrigation Quality Water2
Monthly Base Facility Charge (per meter) $10.03
Commodity Charge (per 1000 gallons) $3.00

Temporary Irrigation Service (<2”) $337.65 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Non-Residential - Applicable to non-residential commercial, industrial, office, civic, or other Customers for which no other rate schedule applies. Tiered rates are based on total gallons used.

Potable Water
Monthly Base Facility Charge
¾” $31.20
1” $77.98
1½” $155.97
2” $249.54
Over 2” $31.20 (per calculated # of ERC)
Commodity Charge (per 1,000 gallons)
0 to 6,000 gallons $6.18
6,001 gallons to 20,000 $9.03
20,001 and above $12.11

Temporary Water Service (Potable or Irrigation Quality) (<2”) $337.65 Deposit plus Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Private Fire Protection Service1
Monthly Base Charge
2” or less $20.80
3” $41.58
4” $65.00
6” $129.99
8” $207.98
Commodity Charge (per 1000 gallons) $6.18

Wastewater
Monthly Base Facility Charge $36.50 (all meters)
Commodity Charge (per 1000 gallons ) $7.77

Temporary Wastewater Service (<2”) $354.54 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Irrigation Quality Water2
Monthly Base Facility Charge (all meters) $10.03
Commodity Charge (per 1000 gallons) $3.00
IQ on a Bulk Basis (Golf Course Only, per 1000 gallons) $0.69

Temporary Irrigation Service2 (<2”) $327.82 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus
Commodity Charge

Raw Water
Monthly Base Facility Charge $25.59
Commodity Charge (per 1000 gallons) $3.30

Master Meter Irrigation Quality (IQ) Water Service - Applicable to Single-Family Residential Customers, Multi-Family Residential Customers, and other non-residential Customers.

Irrigation Quality Water2
Monthly Base Facility Charge ( per calculated # of ERC) $10.03
Commodity Charge (per 1000 gallons) $3.00

C. MISCELLANEOUS FEES

Violation of District policies may lead to discontinuation of Utility Service, assessment of fees and fines, as well as inspection charges and fees to reconnect services once the violation has been resolved. Any work performed between 3:00PM and 8:00AM shall be considered after normal working hours.

Disconnection of Services
Normal disconnect working hours $37.35
Normal disconnect after working hours $74.69
Due to Violation $74.69 plus violation fine
Premise Visit in Lieu of disconnection $36.27
during normal working hours
$72.51
after normal working hours
Reconnection of Services
Normal reconnect during working hours $56.02
Normal reconnect after working hours $68.47
Due to Violation $74.69 plus violation fine

Service Relocation Fees Actual Cost4
Trip Charge (per visit) $51.27
Late Payment (up to $133 past due) $2.29
Late Payment (greater than $133 past due) 1.50%
Returned Checks5 $27.85
(Face Value does not exceed $50.00)
$33.42
(Face Value is more than $50.00, but does not exceed $300.00)
$44.56
(Face Value more than $300)
Customer Account Transfer Fee $29.55
Unauthorized Water Use Fee $59.09 per violation per day
Unauthorized Tampering3
Single-Family $300.00 per violation
Multi-Family $580.00 per violation
Non-residential $1,155.00 per violation
Fire suppression, hydrant, fire line $580.00 per violation

Copy of Check Fee $6.00
Document Recording Fee $12.00 first page,
$10.00 each additional page
Fire Flow Test $180.00
Request for Third Party Meter Testing (up to 1 ½”) $84.00
Request for Third Party Meter Test Testing (2” and above) Actual Cost4
Request for Field Meter Testing (up to 1 ½”) $38.50
Request for Field Meter Test Testing (2” and above) Actual Cost4
Backflow Prevention- Device Repair and/or Certification Actual Cost4
Cross-Connection Actual Cost4
Service Policy Related Fees $42.00 per visit
Non-Compliant Irrigation System Fine $60.44 to $181.30
per day as determined by District
Non-Compliant Industrial Discharge Fine $60.44 to $181.30 per day as determined by District
Grease Trap Inspections Actual Cost4
Grease Trap Violations (within 10-year period)
(1st Occurrence) $240.00 + Actual Cost4
(2nd Occurrence) $470.00 + Actual Cost4
(3rd Occurrence) $690.00 + Actual Cost4
(4th Occurrence) Service Disconnection
Lien Search Request Fee $57.50
Utility Relocations Fee Actual Cost4
Traffic Bearing Meter Box Actual Cost4
Televising Sewer Laterals $2.35 per Linear Foot + Equipment Fee
Private Lift Station/Grinder Station Inspection and
Routine Preventative Maintenance $262.50 per month
per Lift Station/Grinder Station
Private Lift Station/Grinder Station Corrective Maintenance Actual Cost4

The District reserves the right to impose additional fees for the following to the extent not covered above, including cost for rental of any equipment not otherwise listed in the Tariff, plus a 10% markup.

Labor Classification Regular Working Hours After Working Hours

Unskilled Laborer per hour $75.73 $113.58
Plant / System Operator (Class A) per hour $94.67 $138.83
Plant / System Operator (Class B) per hour $88.35 $132.51
Plant / System Operator (Class C) per hour $82.04 $123.05
Skilled Maintenance per hour $82.04 $123.05
Foreman per hour $88.35 $132.51
Manager per hour $132.51 $145.14
Electrician per hour $88.35 $132.51
Inspector per hour $79.65 $119.47
Controls Technician per hour $94.67 $141.99
Administrative per hour $73.52 $110.28

Equipment Type Regular Working Hours After Working Hours
Backhoe with Operator per hour $157.76 N/A
Loader with Operator per hour $157.76 N/A
Track-hoe with Operator per hour $220.87 N/A
Dump Truck with Operator per hour $126.21 N/A
Utility Vehicle with Operator per hour $82.04 N/A
Flat Bed Truck with Operator per hour $108.34 N/A
Portable Pump (4” trash) per hour $44.16 N/A
Generator (35-45 kw) per hour $50.48 N/A
Vactor Truck with One Operator per hour $392.58 N/A
TV Truck with Operator per hour $252.43 N/A

D. INDUSTRIAL DISCHARGE AND APPROVAL FEES

Industrial Wastewater Discharge Approval
Application Fee $93.38
Transfer Fee $90.65

Industrial Wastewater Discharge Approval Annual Fees
Flow Rate (per gpd) Minor Significant
Up to 1,999 $124.49 $280.10
2,000 to 4,999 $217.85 $466.84
5,000 to 9,999 $311.23 $529.07
10,000 to 24,999 $404.59 $715.82
25,000 to 49,999 N/A $778.05
50,000 to 99,999 N/A $964.79
Over 100,000 N/A $1,027.04

High Strength Industrial Wastewater Surcharge
Minimum Monthly Charge $19.30
Biochemical Oxygen Demand (BOD) $0.1913 (per pound)
Concentration in excess of 400 mg/L

Total Suspended Solids (TSS) $0.1814 (per pound)
Concentration in excess of 400 mg/L

Oil and Grease (O&G) concentration
In excess of 50 mg/L $0.1381 (per pound)

Chemical Oxygen Demand (COD) in $0.1905 (per pound)
Excess of 2 times BOD and greater than 800 mg/L

Waste Hauler Charges6
Annual Fee per Hauler $248.99
Waste Disposal Fee (normal hours - per 1000 gallons) $68.47
Waste Disposal Fee (after hours - per 1000 gallons) $168.06
Mixed Load Fee (per 1000 gallons) $43.56
Violations Process Charge (per appeal) $121.78
Remediation (handling fee plus Actual Cost4) $248.99

E. NOTES
1. Automatic Cost Escalation. In the absence of Board action, the District's rates, fees and charges shall be automatically increased without further action five percent (5%) per year. Upon application of this automatic cost escalation provision, the District Manager shall submit to the District Board of Supervisors a report detailing the amount of the escalation and the new rates as revised. The Rate Schedule shall be adjusted pursuant to this section as required.

2. Utility Cost Pass-Through. The District's rates, fees and charges shall be automatically increased without further action of the Board based upon the implementation of a rate increase to the District Utility System by any utility which provides service to the District, or upon implementation or increase of any taxes levied by a governmental authority against the District, or upon an increase of costs incurred for water quality, wastewater or irrigation quality water quality testing required by the Department of Environmental Protection, or other unfunded mandates imposed by a controlling governmental agency. Upon application of this cost pass-through provision, the District Manager shall submit to the Board of Supervisors a report detailing the amount of the escalation and the new rates as revised. The Rate Schedule shall be adjusted pursuant to this section as required.

3. Water Use Restriction Surcharge. Commodity charges may be adjusted from time to time temporarily by up to twenty five percent (25%) to reflect a water use restriction surcharge rate adjustment that may be implemented in response to and for the duration of general water use restrictions imposed by the South Florida Water Management District (SFWMD).

4. Prorations. Base Facility Charges will be pro-rated for any partial month of service.

1 In the event that a new single-family Customer requests a meter up-sizing to support a fire sprinkler system for a residence, then the Customer will be required to pay for the cost of the meter to be installed. The Customer will be required to pay Base Facility Charges based on the size of meter installed. The Customer must also install a reduced pressure backflow prevention device on the fire sprinkler line. The backflow prevention device shall be registered with the District. The Customer will be required to perform annual inspections of the backflow prevention device and provide certified inspection reports to the Utility.

If a Customer has only a single meter that also provides Private Fire Protection Service, then potable water charges apply, subject to the meter size as detailed in the prior paragraph. If a Customer has a separate meter for the Private Fire Protection Service, Customer will pay according to both meters, i.e. a monthly potable water facility charge and a monthly Private Fire Protection Service facility charge.

2 Customers shall not have private irrigation wells nor utilize lake/pond water for irrigation purposes.

3 Tampering includes unauthorized connections or disconnections to potable water, wastewater, or irrigation water lines/services, and removal of wastewater cleanout caps for the purpose of draining rainwater or disposal of any other substances.

4 Actual Cost= Labor + Material (+10% markup) + Cost for Rental of any Equipment Not Otherwise Listed in the Tariff (+10% markup) + professional time incurred on behalf of Babcock Ranch Water Utilities or its Lessor or Operator.

5 All returned checks subject to service charge not to exceed the service fees authorized under Florida Statutes 832.08(5) or an amount of up to five percent (5%) of the face amount of the check, whichever is greater.

6 Waste refers to bio-solids, wastewater treatment plant effluent disposal, septage and bio-diesel. References to gallonage refers to “per 1,000 gallons of truck capacity”.

7 Applicable for non-phased projects. For projects with more than one phase, all additional phases are charged at Actual Cost4.
Babcock Ranch Community Independent Special District
Waste Collection Rates and Fees Schedule 1
A. RESIDENTIAL SERVICES:

The below fees and rates are applicable to all residential Customers of the District upon the commencement of Waste Services to the Customer's property.

Fees and Charges:

Bulk item pick-up (furniture or white goods)
1 item $20.29
2 items $28.98
3+ items (each) $11.60
Loose limbs/brush/vegetative waste $17.39 (one cubic yard)
2 or more cubic yards $14.50 (per cubic yard)
Extra pick up (normal route day) $6.96
Special pick up (not on normal route day) $17.39
Extra cart (normal collection day) $83.65 (per year)
Move-in waste (boxes/packing material, with boxes
flattened and next to recycle container) No charge
Additional Services:
Can Sanitize $19.00 (each)
Cart replacement 65 gallon residential $60.00 (each)
Lid replacement 65 gallon residential $21.00 (each)
Wheel axle replacement 65 gallon residential $21.00 (each
Grab bar replacement 65 gallon residential $11.70 (each)

B. NON-RESIDENTIAL SERVICES:

The below monthly fees and rates are applicable to all Non-Residential (including multi-family) Customers of the District upon the commencement of Waste Services and Recycling Services to the Customer's property.

Size/Frequency:


























Additional Services:
Enclosure opening/closure $6.96 (per occurrence)
Container roll out-in/close enclosure $13.91 (per occurrence)
Extra pick up, regular service day while on site $5.21 (per yard)
Extra pick up, return or on-call $13.91 (per yard)
Deodorize spray while on site $9.26 (per occurrence)
Cart replacement 95-gallon cart $70.00 (each)
Lid replacement 2-yard container $57.96 (per pair)
Lid replacement 95-gallon cart $21.00 (each)
Wheels/casters on 2-yard container $86.94 (one-time charge)
Wheels & axels 95-gallon cart $21.00 (per assembly)
Wheel replacement 2-yard container $28.98 (each)
Grab bar 95-gallon cart $11.70 (each)

C. COMMUNITY PARK SERVICES:
Can Collection $23.18 (per month/can)

D. MISCELLANEOUS:
Late payment (up to $133 past due) $2.12
Late payment (greater than $133 past due) 1.5% of past due amount
Credit card processing fee max of 4%
Restoration of Waste Service $79.57 (per occurrence)

E. NOTES:

1. Waste Services are mandatory for all properties within the District. No Customer shall refuse to receive and/or pay for Waste Services.

2. Automatic Cost Escalation. In the absence of Board action to the contrary, the District's rates, fees and charges shall be automatically increased, without further action, five percent (5%) per year. Upon application of this automatic cost escalation provision, the District Manager shall submit to the District Governing Board a report detailing the amount of the escalation and the new rates as revised. The Rate Schedule shall be adjusted pursuant to this section as required.

3. Prorations. Monthly charges will be pro-rated for any partial month of service.

4. All returned checks will be subject to a service fee, as per Section 832.07, Florida Statutes, equal to the greater of five percent (5%) of the face amount of the returned check, or $25.00 if the face value is less than $50.00; $30.00 if the face value is greater than $50.00, but less than $300.00; or $40.00 if the face value is greater than $300.00. Dishonored checks shall be handled in accordance with Section 68.065, Florida Statutes.

Specific legal authority for the rules includes Chapter 120, Florida Statutes, and Chapter 2007-306, Laws of Florida, as amended. Any person who wishes to provide the District with a proposal for a lower cost regulatory alternative as provided by section 120.541(1), Florida Statutes, must do so in writing within twenty one (21) days after publication of this notice.

A Board meeting of the District will also be held where the Board may consider any other District business that may come before the Board. The public hearing and meeting are open to the public and will be conducted in accordance with the provisions of Florida law. The meeting and public hearing may be continued to a date, time, and place to be specified on the record at the hearing. If anyone chooses to appeal any decision of the Board with respect to any matter considered at the meeting and public hearing, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which such appeal is to be based. At the hearing, one or more Supervisors may participate in the public hearing by telephone. Any person requiring special accommodations at the hearing because of a disability or physical impairment should contact the District Office at (561) 571-0010 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office. A copy of the proposed rules may be obtained by contacting the District Manager, Craig Wrathell, at 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431, (561) 571-0010, or by visiting the District's website at the following address: http://www.babcockranchliving.com/153/Independent-Special-District.

Craig Wrathell, District Manager
November 17, 2023 23-01120T

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