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Florida Governmental Ut¡lity Authority - FGUA

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esult in an automatic adjustment to such applicable rates and in such an event will be passed<br />

through to the customer in the following month after such adjustment, in an amount equal to such<br />

increase or decrease in such costs as billed or charged by others. The automatic annual rate<br />

increase shall apply to connection fees as established herein, but not capacity impact fees.<br />

(D) The application of the automatic annual rate index adjustment will be presented to<br />

the Board annually as part of the budgetary process and may be implemented without additional<br />

public hearing, prior authorization or further approval by the Board. lf the application of any<br />

automatic annual rate adjustment results in a change in rates of five percent (5%) or greater, such<br />

adjustment shall first require Board approval prior to implementation. Any pass through adjustment<br />

pursuant to Section 5(C) above, shall be presented for Board approval as soon as applicable upon<br />

receipt of notification.<br />

(E) The rates, fees and charges for water and wastewater services provided by or made<br />

available by the <strong>Authority</strong> shall at all times be sufficient to meet all requirements of system<br />

operation, maintenance, replacement, debt service costs, and other reserves and costs contained<br />

in indentures of trust or bond official statements issued by the authority to acquire and improve the<br />

utility system, as amended by any other applicable Financing Documents.<br />

SECTION 6. UNPAID FEES TO CONSTITUTE LIEN.<br />

ln the event that the fees, rates or charges for the services and facilities of any water or wastewater<br />

system are not paid as and when due; any unpaid balance thereof and all interest accruing thereon<br />

shall be a lien on any parcel or property affected thereby. Such liens shall be equal in rank and<br />

dignity with the liens by all state, county, district or municipal taxes and non-ad valorem<br />

assessmenis. Except as otherwise provided by law, such lien shall be superior in dignity to all other<br />

prior liens, mortgages, titles, and claims, until paid. The <strong>Authority</strong> shall have the right to foreclose<br />

and collect said lien in the manner provided by law for the foreclosure of mortgages on real property<br />

or any other lawful means and appoint or retain an agent to institute such foreclosure and collection<br />

proceedings.<br />

SECTION 7. UNLAWFUL CONNECTION PROHIBITED.<br />

No Person shall be allowed to connect into any water or wastewater line owned by the <strong>Authority</strong><br />

without the written consent of the <strong>Authority</strong>, and then the connection with such line shall be made<br />

only under the direction and supervision of the <strong>Authority</strong>. Any Owner, Customer or plumber who<br />

shall make any connection without such consent of the <strong>Authority</strong> shall be subject to criminal<br />

prosecution and civil damages.<br />

SECTION 8. OWNER OF PREMISES RESPONSIBLE FOR ALL ACTS.<br />

Every Owner will be held fully responsible and liable by and to the <strong>Authority</strong> for all that is done or<br />

omitted on, in or about the premises by any agent or Customer or other Persons not in the employ<br />

of the <strong>Authority</strong>, who may gain access thereto.<br />

SECTION 9. NO FREE SERVICE.<br />

No water or wastewater service shall be furnished or rendered free of charges to any Person.

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