Discussion
of Issues
Issue 1:
Should the Commission approve Commercial Utilities’
application for amendment of Certificate No. 164-S to extend its wastewater
territory in Duval County?
Recommendation:
Yes. It is in the public interest to amend Certificate
No. 164-S to include the territory as described in Attachment A, effective the
date of the Commission’s vote. The resultant order should serve as Commercial
Utilities’ amended certificate and should be retained by the Utility. The
Utility should charge the customers in the territory added herein the rates and
charges contained in its current tariff until a change is authorized by the
Commission in a subsequent proceeding. (M. Watts, Knoblauch, Johnson)
Staff Analysis:
The Utility’s application to amend its authorized
service territory is in compliance with the governing statute, Section 367.045,
F.S., and Rule 25-30.036, Florida Administrative Code (F.A.C.), Application for
Amendment to Certificate of Authorization to Extend or Delete Service Area. The
application contains proof of compliance with the noticing provisions set forth
in Rule 25-30.030, F.A.C, Notice of Application and of Customer Meeting. No
objections to the application have been received and the time for filing such
has expired. The Utility stated that it does not have its own treatment
facilities, but purchases wastewater treatment capacity from the Jacksonville
Electric Authority Wastewater Treatment System (JEA). Adequate service
territory maps and territory descriptions have also been provided.
The proposed additional service territory is intended to
serve two restaurants on Normandy Boulevard, adjacent to the Utility’s existing
service area. The City of Jacksonville Environmental and Compliance Department
stated in a November 30, 2015 letter to the Utility that the restaurants had
experienced operational deficiencies with the current system providing
wastewater treatment services to them, a wastewater package plant operated by
an adjacent property owner. The letter also stated that the proposed
connections to Commercial Utilities’ wastewater treatment system would help
eliminate future potential wastewater violations in the area, and it,
therefore, supports the Utility’s application to expand its territory to serve
these two properties. Additionally, on December 14, 2015, JEA submitted a
letter to the Utility echoing the City of Jacksonville’s concerns, and stating
it did not object to the Utility’s application to expand its territory to serve
these customers.
The Utility was granted a rate increase in 2011
and at that time, the Commission found the overall quality of service of Commercial
Utilities to be satisfactory. Based upon staff’s review of the financial
information provided in this docket, the Utility’s financial ability to operate
a utility has not diminished since that time. The Utility has filed its 2015
Annual Report and is current with the payment of its 2015 Regulatory Assessment
Fees.
The Utility has no approved service availability policy or
charges. However, a developer agreement was submitted with the amendment
application indicating that the customers in the new service area will install
and donate to the Utility, the collection system needed to connect the
customers to the Utility’s existing collection system, consistent with Rules
25-30.580 and 25-30.585, F.A.C.
The Utility stated in its application that its collection
system is adequately sized to accommodate the additional wastewater flows generated
by Krystal Restaurant and Church’s Chicken Restaurant. Also, with the
additional flows from the restaurants, the Utility’s wastewater flows to the
JEA treatment facility will remain within the limits set by the Utility’s
contract/agreement with JEA.
According to the application, the provision of wastewater
services in the proposed service territory is consistent with the City of
Jacksonville 2030 Comprehensive Plan, and there are no outstanding Consent
Orders or Notices of Violation from the Florida Department of Environmental
Protection. Based on the foregoing analysis, staff recommends that Commercial
Utilities has the financial and technical ability to service the amended
territory.
Conclusion
Based on the information above, staff recommends it is in
the public interest to amend Certificate No. 164-S to include the territory as
described in Attachment A, effective the date of the Commission’s vote. The
resultant order should serve as Commercial Utilities’ amended certificate and
should be retained by the Utility. The Utility should charge the customers in
the territory added herein the rates and charges contained in its current
tariffs until a change is authorized by the Commission in a subsequent
proceeding.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If the Commission approves staff’s
recommendation in Issue 1, no further action will be necessary, and this docket
should be closed upon issuance of the order. (Leathers)
Staff Analysis:
If the Commission approves staff’s recommendation in
Issue 1, no further action will be necessary, and this docket should be closed
upon issuance of the order.
COMMERCIAL UTILITIES,
INC.
DUVAL COUNTY
WASTEWATER
TERRITORY TO BE ADDED:
PARCEL 1.
GENERALLY DESCRIBED AS KRYSTAL
RESTAURANT, 5814 NORMANDY BLVD., JACKSONVILLE, FLA.;
THOSE LANDS DESCRIBED AS A
PART OF SECTIONS 24 AND 25, TOWNSHIP 2 SOUTH, RANGE 25 EAST, DUVAL COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 24 AND RUN NORTH 0°43’ EAST
ALONG THE EASTERLY LINE OF SAID SECTION 24, 31.19 FEET TO THE POINT OF
BEGINNING.
FROM THE POINT OF BEGINNING
THUS DESCRIBED RUN SOUTH 72°27’20” WEST, 186.29 FEET; RUN THENCE NORTH
19°39’03” WEST, 182.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF NORMANDY
BOULEVARD (A 100-FOOT RIGHT-OF-WAY AS NOW ESTABLISHED); RUN THENCE IN AN
EASTERLY DIRECTION ALONG THE ARC OF A CURVE IN SAID SOUTHERLY RIGHT-OF-WAY
LINE, SAID CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 12,177.66
FEET, A CHORD DISTANCE OF 253.79 FEET TO A POINT WHERE SAID SOUTHERLY
RIGHT-OF-WAY LINE INTERSECTS THE EASTERLY LINE OF SAID SECTION 24, THE BEARING
OF THE AFORESAID MENTIONED CHORD BEING NORTH 71°54’57” EAST; RUN THENCE SOUTH
0°43’ WEST ALONG SAID EASTERLY LINE OF SECTION 24, 194.04 FEET TO THE POINT OF
BEGINNING; AND
PARCEL 2.
GENERALLY DESCRIBED AS
CHURCH'S FRIED CHICKEN, 5870 NORMANDY BLVD., JACKSONVILLE, FLA.
THOSE LANDS DESCRIBED AS A
TRACT OF LAND LYING IN SECTIONS 24 AND 25, TOWNSHIP 2 SOUTH, RANGE 25 EAST,
DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR
POINT OF REFERENCE COMMENCE AT AN IRON PIPE AT THE SOUTHEAST CORNER OF SAID
SECTION 24 AND RUN NORTH 0°43’ EAST ALONG THE EAST LINE OF SAID SECTION 24, A
DISTANCE OF 223.05 FEET TO AN IRON PIPE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
NORMANDY BOULEVARD (BEING A 100 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED);
RUN
THENCE SOUTH 71°22’10” WEST, A DISTANCE OF 429.22 FEET TO AN IRON PIPE SET ON
SAID SOUTHERLY RIGHT-OF-WAY LINE OF NORMANDY BOULEVARD FOR THE POINT OF
BEGINNING.
FROM THE POINT OF BEGINNING
THUS DESCRIBED RUN IN A WESTERLY DIRECTION ALONG THE ARC OF A CURVE IN SAID
SOUTHERLY RIGHT-OF-WAY LINE, SAID CURVE BEING CONCAVE TO THE SOUTH AND HAVING A
RADIUS OF 12,177.66 FEET, A CHORD DISTANCE OF 160.0 FEET, THE BEARING OF THE
AFOREMENTIONED CHORD BEING SOUTH 70°00’40” WEST;
RUN THENCE SOUTH 19°48’50”
EAST, A DISTANCE OF 160.0 FEET;
RUN THENCE NORTH 70°00’4”
EAST, A DISTANCE OF 160.0 FEET;
RUN THENCE NORTH 19°48’50”
WEST, A DISTANCE OF 160.0 FEET TO THE POINT OF BEGINNING.
COMPOSITE WASTEWATER TERRITORY
A PORTION OF LAND LYING IN
SECTION 24, TOWNSHIP 2 SOUTH, RANGE 25 EAST, AND IN SECTION 19, TOWNSHIP 2
SOUTH, RANGE 26 EAST, DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF
THE EASTERLY RIGHT OF WAY LINE OF LANE AVENUE WITH THE SOUTHERLY LIMITED ACCESS
RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10; THENCE EASTERLY ALONG SAID
SOUTHERLY LIMITED ACCESS RIGHT OF WAY LINE A DISTANCE OF 2700± FEET TO IT'S
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF ELLIS ROAD; THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 330± FEET TO
IT'S INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF RAMONA BOULEVARD;
THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 762± FEET
TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF
THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 14431, PAGE 1628 AS RECORDED
IN THE CURRENT PUBLIC RECORDS OF SAID COUNTY, FLORIDA; THENCE SOUTHERLY ALONG SAID NORTHERLY
PROLONGATION AND ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 265± TO ITS
INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF AKRA AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF
WAY LINE, A DISTANCE OF 513± FEET TO IT'S INTERSECTION WITH THE WESTERLY LINE
OF FIRST ADDITION TO BUENOS AIRES SUBDIVISION AS RECORDED IN PLAT BOOK 12 PAGE
45 OF SAID CURRENT PUBLIC RECORDS; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, A
DISTANCE OF 468± TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 11600, PAGE 1075 OF SAID CURRENT PUBLIC RECORDS; THENCE WESTERLY,
A DISTANCE OF 26± FEET TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF
THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 3030,
PAGE 743 OF SAID CURRENT PUBLIC RECORDS;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROLONGATION AND ALONG THE
WESTERLY LINE THEREOF, A DISTANCE OF 643± FEET TO THE SOUTHWEST CORNER
THEREOF; THENCE EASTERLY ALONG THE
SOUTHERLY LINE THEREOF AND THE EASTERLY PROLONGATION THEREOF, A DISTANCE OF
1299± FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SAID
ELLIS ROAD; THENCE SOUTHERLY ALONG THE
WESTERLY RIGHT OF WAY LINE THEREOF, A DISTANCE OF 669± FEET TO IT'S
INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF NORMANDY BOULEVARD; THENCE
SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE THEREOF BEING AN ARC OF A
CURVE WITH A CHORD BEARING AND DISTANCE OF SOUTH 74° WEST, 2702± FEET TO IT'S
INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF LANE AVENUE; THENCE
NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE THEREOF, A DISTANCE OF 1349± FEET
TO IT'S INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF
THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7182, PAGE 796 OF SAID CURRENT
PUBLIC RECORDS. THENCE NORTH 89°10'19" WEST ALONG SAID EASTERLY
PROLONGATION AND ALONG THE SOUTHERLY LINE THEREOF AND THE SOUTHERLY LINE OF
THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 10274, PAGE 2132 OF SAID
CURRENT PUBLIC RECORDS, A DISTANCE OF 379± FEET TO THE SOUTHWEST CORNER
THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 105±
FEET TO THE NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTHERLY LINE
OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 9256, PAGE 1 OF SAID
CURRENT PUBLIC RECORDS, A DISTANCE OF 346± FEET TO IT'S INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF GRANDVILLE ROAD; THENCE NORTHEASTERLY ALONG THE
EASTERLY RIGHT OF WAY LINE THEREOF, A DISTANCE OF 370± FEET TO IT'S POINT OF
TERMINATION; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THOSE LANDS DESCRIBED
OFFICIAL RECORDS VOLUME 3927, PAGE 349 OF SAID CURRENT PUBLIC RECORDS, A
DISTANCE OF 557± FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 04° EAST
ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 657± FEET TO THE SOUTHWEST
CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 11263, PAGE 514 OF
SAID CURRENT PUBLIC RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF,
A DISTANCE OF 380± FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG
THE EASTERLY LINE THEREOF AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF
409± FEET TO IT'S INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID
RAMONA BOULEVARD; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE
THEREOF, A DISTANCE OF 116± FEET TO THE SOUTHWEST CORNER OF THOSE LANDS
DESCRIBED IN OFFICIAL RECORDS VOLUME 10174, PAGE 2280 OF SAID CURRENT PUBLIC
RECORDS; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 329±
FEET TO IT'S INTERSECTION WITH SAID SOUTHERLY LIMITED ACCESS RIGHT OF WAY LINE
OF INTERSTATE HIGHWAY 10; THENCE EASTERLY ALONG SAID SOUTHERLY LIMITED ACCESS
RIGHT OF WAY LINE, A DISTENCE OF 900± FEET TO IT'S INTERSECTION WITH THE
WESTERLY RIGHT OF WAY LINE OF SAID LANE AVENUE; THENCE NORTHERLY ALONG THE
WESTERLY RIGHT OF WAY LINE THEREOF, A DISTANCE OF 823± FEET TO ITS INTERSECTION
WITH THE NORTHERLY LIMITED ACCESS RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY
10; THENCE SOUTHWESTERLY ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE, A
DISTANCE OF 106± FEET TO IT'S INTERSECTION WITH THE SOUTHERLY LINE OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 12059, PAGE 1065 OF SAID CURRENT
PUBLIC RECORDS; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF AND THE
SOUTHERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 12067, PAGE
2131 OF SAID CURRENT PUBLIC RECORDS, A DISTANCE OF 477± FEET TO A POINT IN THE
SOUTHERLY LINE OF LAST SAID LANDS; THENCE NORTHERLY, A DISTANCE OF 441± FEET TO
ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF STUART AVENUE; THENCE
WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE THEREOF, A DISTANCE OF 20± FEET
TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME
13770, PAGE 1003 OF SAID CURRENT PUBLIC RECORDS; THENCE NORTHERLY ALONG THE
WESTERLY LINE THEREOF ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF FOX STREET,
A DISTANCE OF 294± FEET TO A NORTHWEST CORNER THEREOF; THENCE EASTERLY ALONG
THE NORTHERLY LINE THEREOF AND ALONG THE EASTERLY PROLONGATION THEREOF, A
DISTANCE OF 645± FEET TO ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE
OF SAID LANE AVENUE; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE
THEREOF, A DISTANCE OF 343± FEET TO IT'S INTERSECTION WITH THE SOUTHERLY RIGHT
OF WAY LINE OF SAID STUART AVENUE; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF
WAY LINE THEREOF, A DISTANCE OF 283± FEET TO THE NORTHEAST CORNER OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 10281, PAGE 77 OF SAID CURRENT
PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE EASTERLY LINE THEREOF, A DISTANCE OF
305± FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE WESTERLY ALONG THE
SOUTHERLY LINE THEREOF, A DISTANCE OF 282± FEET TO IT'S INTERSECTION WITH THE
SAID EASTERLY RIGHT OF WAY LINE OF SAID LANE AVE; THENCE SOUTHERLY ALONG THE
EASTERLY RIGHT OF WAY LINE THEREOF, A DISTANCE OF 824± FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH
PART OF SECTION 24 AND 25,
TOWNSHIP 2 SOUTH, RANGE 25 EAST, AND PART OF SECTION 19, TOWNSHIP 2 SOUTH,
RANGE 26 EAST, DUVAL COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: BEGIN AT THE
SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTH ON THE WEST LINE OF SAID
SECTION 19 A DISTANCE OF 31.19 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED
IN OFFICIAL RECORDS 16242, PAGE 1677 OF THE PUBLIC RECORDS OF SAID DUVAL
COUNTY; THENCE SOUTH 72°27’20” WEST ON
THE SOUTH LINE OF SAID LANDS 186.29 FEET TO THE SOUTHWEST CORNER OF SAID LANDS;
THENCE NORTH19°39’03” WEST ON THE WEST
LINE OF SAID LANDS 182.0 FEET TO THE NORTHWEST CORNER OF SAID LANDS AND THE
SOUTH RIGHT OF WAY LINE OF NORMANDY BOULEVARD; SAID POINT LYING ON A CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 12,177.66 FEET; THENCE NORTHEASTERLY ON
THE NORTH LINE OF LANDS AND THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS 8483, PAGE 928, PARCEL 1 AND SAID SOUTH RIGHT OF WAY LINE AN ARC
DISTANCE OF 667.22 FEET AND A CHORD OF 667.14 FEET TO ITS INTERSECTION WITH THE
NORTH LINE OF THOSE CERTAIN LANDS DESCRIBED
IN DEED, RECORDED IN OFFICIAL RECORD VOLUME 122, PAGE 402 OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY; THENCE NORTH 88°32’02” EAST ALONG THE NORTH LINE OF
SAID LAST MENTIONED LANDS 72.25 FEET TO THE
NORTHEAST CORNER OF LAST SAID LANDS ; THENCE SOUTH ON THE EAST LINE OF
SAID LANDS 333.48 FEET TO THE SOUTH LINE OF SAID SECTION 19; THENCE WEST ON
SAID SOUTH LINE 467.07 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE LANDS
DESCRIBED AS A TRACT OF LAND LYING IN SECTIONS 24 AND 25, TOWNSHIP 2 SOUTH,
RANGE 25 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT AN IRON PIPE AT THE SOUTHEAST
CORNER OF SAID SECTION 24 AND RUN NORTH 0°43’ EAST ALONG THE EAST LINE OF SAID
SECTION 24, A DISTANCE OF 223.05 FEET TO AN IRON PIPE ON THE SOUTHERLY RIGHT OF
WAY LINE OF NORMANDY BOULEVARD (BEING A 100 FOOT RIGHT OF WAY AS NOW
ESTABLISHED); RUN THENCE SOUTH 71°22’10” WEST, A DISTANCE OF 429.22 FEET. TO AN
IRON PIPE SET ON SAID SOUTHERLY RIGHT OF WAY LINE OF NORMANDY BOULEVARD FOR THE
POINT OF BEGINNING. FROM THE POINT OF BEGINNING THUS DESCRIBED RUN IN A
WESTERLY DIRECTION ALONG THE ARC OF A CURVE IN SAID SOUTHERLY RIGHT OF WAY
LINE, SAID CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 12,177.66
FEET, A CHORD DISTANCE OF 160.0 FEET, THE BEARING OF THE AFOREMENTIONED CHORD
BEING SOUTH 70°00’40” WEST; RUN THENCE SOUTH 19° 48’50” EAST, A DISTANCE OF
160.0 FEET; RUN THENCE NORTH 70°00’40” EAST, A DISTANCE OF 160.0 FEET; RUN
THENCE NORTH 19°48’50” WEST, A DISTANCE OF 160.0 FEET TO THE POINT OF BEGINNING.
