ORD 2020-18 Water Fees (PID) TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2020-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (C) METER FEE, OF SECTION A1.014,
WATER AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT
DISTRICT NO. 1, OF ARTICLE A1.000, GENERAL PROVISIONS, OF
APPENDIX A, FEE SCHEDULE, OF THE TOWN OF TROPHY CLUB
CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR
SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, fees imposed by the Town are adopted via Ordinance and are codified
in Appendix A of the Code of Ordinances of the Town; and
WHEREAS, Appendix A, Article A1.000, Section A1.014 of the Town of Trophy
Club Code of Ordinances contains fees for public works for the Trophy Club Public
Improvement District No. 1 (hereinafter"PID"), including fees for meters utilized within the
PID; and
WHEREAS, the Town of Trophy Club (the "Town") is the owner and/or operator of
a water and sewer system designed to serve present and future inhabitants of the Trophy
Club Public Improvement District No. 1 (the "Town System"); and
WHEREAS, under the Amended and Restated Contract for Wholesale Water
Supply and Wastewater Treatment Services and Water and Wastewater Operational
Services between the Town and Trophy Club Municipal Utility District No. 1 dated July
25, 2017 (the "Contract"), the Trophy Club Municipal Utility District No. 1 (the "MUD") has
agreed to provide the Town with wholesale water and wastewater services and with
operations services related to the Town System within the boundaries of the PID Property,
as that term is defined in the Contract; and
WHEREAS, Section 7.1(a) of the Contract requires that the MUD shall provide to
Town any amended or revised MUD Rate Order adopted by MUD and Town shall adopt
a Town Rate Order identical to the amended or revised MUD Rate Order. The Town shall
adopt a Town Rate Order identical to the amended or revised MUD Rate Order provided
that the Town has received receipt of the amended or revised MUD Rate Order at least
96 hours before a regularly scheduled Council meeting. In the event that the Town
receives receipt of the amended or revised MUD Rate Order with less than 96 hours
before a regularly scheduled Council meeting then the Town shall adopt a Town Rate
Order identical to the amended or revised MUD Rate Order at the second regularly
scheduled Council meeting after receiving receipt of the amended or revised MUD Rate
Order; and
WHEREAS, Sections 3.9 and 4.10 of the Contract require the Town to adopt retail
water and wastewater service rules, regulations and policies at least as stringent as the
provisions of amended or revised MUD service rules, regulations or policies (the "MUD
Service Rules and Policies") within sixty (60) days of Town's receipt of the amended or
revised MUD Service Rules and Policies; and
WHEREAS, the Town received a revised MUD Rate Order, with revised MUD
Service Rules and Policies, on September 21, 2020 with an effective date of October 1,
2020; and
WHEREAS, the Town Council hereby finds that amending Subsection (c) of
Section A1.014, Water and Wastewater Fees for PID No. 1, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances, as further specified herein, meets its contractual obligations pursuant to the
Contract and serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Subsection (c) of Section A1.014, Water and Wastewater Fees for PID No. 1, of
Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy
Club Code of Ordinances are hereby amended as follows and all other subsections not
expressly mentioned hereafter shall remain the same:
"APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
Section A1.014 Water and Wastewater Fees for Public Improvement District No. 1
(c) Meter fee- Domestic 1" meter: $355.00.
ORD 2020-18 Page 2 of 4
Meter fees for meter sizes less than or greater than 1" shall be based upon the fee
charged by the Trophy Club Municipal Utility District No. 1 ("MUD1") in accordance with its duly
adopted rate order.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not
in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior
to the effective date of this Ordinance has been initiated or has arisen under or pursuant
to such repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
ORD 2020-18 Page 3 of 4
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on October 13, 2020 in accordance with law, and
it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 13th day of October 2020.
C. Nick Sanders, ayor
Town of Trophy Club, Texas
ATTEST: '(R P/YH '
2 O,
L Na Vacek, TR C/CMC/MMC
own ecretary/RMO
Town of Trophy Club, Texas
APPRO EDT S FORM:
J. D id Do d IT, Town Attorney
To of Trophy Club, Texas
ORD 2020-18 Page 4 of 4
RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
ORDER NO. 2020-0316A0921 B
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR
WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION,
RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED
CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY
FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the"District") is the owner and/or
operator of a water and sewer system designed to serve present and future inhabitants within the
District and the Trophy Club Development; and
WHEREAS, the District's most recent Rate Order was adopted on Septenber-44-,
2444March 16, 2020 (Order No 24192020-9916A6316A), and additional modifications are
needed. The District desires to establish all of its rate policies in a single new Rate Order; and
WHEREAS, the Board of Directors of the District has carefully considered the terms of
this Rate Order No. 2020-0316A921 B and is of the opinion that the following conditions and
provisions should be established as the policies, procedures, and rates for obtaining service from
the District's water and sewer system.
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person
desiring a water and sanitary sewer service connection to the District's System shall be required
to pay such fees as set forth in this Order. No service shall be established or re-established until
such fees are paid. All service connections are subject to all other rules, regulations, and policies
of the District.
A. Certification of System. Connections shall not be made to the District's
System or portions of the System until the District's engineer or District staff has
certified that the System or applicable portion thereof is operable and meets all
regulatory requirements.
B. Backflow Prevention. No water connections from any public drinking water
supply system shall be allowed to any residential or commercial establishment where
an actual or potential contamination hazard exists unless the public water facilities
are protected from contamination.
At any residential or commercial establishment where an actual or potential
contamination hazard exists, protection shall be required in the form of a backflow
prevention assembly. The type of assembly required shall be specified by the District.
The existence of potential contamination hazards without installation having been
made of the means of control and prevention as set out in the preceding paragraph;
or, the same having been installed, there is a failure to properly maintain the same,
shall be considered sufficient grounds for immediate termination of water service.
Service can be restored only when the health hazard no longer exists, or when the
health hazard has been isolated from the public water system in accordance with the
foregoing requirements.
All backflow prevention assemblies that are required according to this section
shall be tested upon installation by a recognized backflow prevention assembly tester
and certified to be operating within specifications. Backflow prevention assemblies
that are installed to provide protection against health hazards must also be tested
and certified to be operating within specifications at least annually by a recognized
backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain any
backflow prevention device required by this Rate Order. Copies of all testing and
maintenance records shall be provided to the District within ten (10) days after
maintenance and/or testing is performed.
If the Customer fails to comply with the terms of this Order, the District shall, at
its option,either terminate service to the property or properly install,test, and maintain
an appropriate backflow prevention device at the service connection at the expense
of the Customer. Any expenses associated with the enforcement of this agreement
shall be billed to the Customer.
C. Availability of Access/Obstructions. By application for connection to the
District's System, the Customer shall be deemed to be granting to the District and its
representatives a right of ingress and egress to and from the meter or point of service
for such installation, maintenance and repair as the District, in its judgment, may
deem reasonably necessary. The Customer shall also be deemed to be granting to
the District and its representatives a right of ingress and egress to the Customer's
property, including the exterior of the Customer's premises, for the purpose of
performing the inspections and completing the Customer's Service Inspection
Certifications required by the District's rules and regulations. Taps and connections
will not be made when, in the opinion of the District, building materials or other debris
obstructs the work area or the work area is not completed or finished to grade.When
sidewalks, driveways or other improvements have been constructed prior to
application for service, such application shall be construed and accepted as the
Customer's waiver of a claim for any damages to such improvements resulting from
the reasonable actions of the District in installation of the connection.
Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of at least
six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall have
installed on its one-inch (1") water service line, for fire protection, a one-inch (1") U-branch, with
a separate meter and meter-box. The cost of installation, including parts, equipment, and labor
shall be eight-hundred dollars ($800.00), payable at the time of permitting.
A residence of eight-thousand (8,000)square feet or greater, in addition to its regular one-
inch (1")water service line, shall have installed a separate one-and one-half(1 %")water service
line for fire protection with its own meter and meter-box. The cost of connection and installation
of the fire line and meter shall be either one thousand six hundred dollars($1,600.00) if the home
is on the same side of the street as the waterline; or, if it is on the opposite side of the street from
the waterline, necessitating boring, then the charge shall be Nye--five thousand nine hundred
seventy five dollars ($2-,9745,975.00), payable at the time of permitting to the District.
Section 1.03. Connections by District. All Connections to the District's water and sewer
system shall be made with written approval of the District and in accordance with the District's
Plumbing Code and its rules and regulations.
No person except the General Manager or his/her authorized agent shall be permitted to
tap or make any connection to the mains or distribution piping of the District's water system, or
make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture
connected with the water system or any manhole, main, trunk or appurtenance of the District's
sanitary sewer system. No sewer connection shall be covered in the ground and no house lead
shall be covered in the ground before it has been inspected and approved by a licensed plumbing
inspector with jurisdiction of the site.
Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed
by the District are as follows:
Water Service Taps:
Size Fee for Tap Bore if applicable)
up to 1"Tap $1,200.00 $5,000.00
2"Tap $1,800.00 $10,000.00
3" Tap $4,500.00 $10,000.00
4"Tap $5,500.00 $10,000.00
6"Tap $6,500.00 $10,000.00
8"Tap $7,500.00 $10,000.00
10"Tap $8,500.00 $10,000.00
Sewer Service Taps: Actual cost plus 10%. An estimate will be provided prior to work
being performed.
When water taps have been made by someone other than the District personnel, there is
an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter.
Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections
(other than for sewer and backflow inspections referred to below in subparagraphs A and B)
should be paid to the city or town in which the property is located or to the District if the property
is not located within a city or town.
A. Sewer Inspection and Fees. Sewer connections and house service lines shall
be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00)
shall be paid to the District for each connection to the District sanitary sewer system.
Installations that fail to conform at any time to the rules and regulations shall be
disconnected. Any customer whose connection is disconnected for such failure shall
be notified as to the basis for such disconnection. After noted deficiencies have been
corrected, a re-inspection shall be made upon payment to the District of a re-
inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all
outstanding charges. If subsequent re-inspections are required before the sewer
connection and service lines are in compliance with the rules and regulations, a re-
inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each
subsequent re-inspection. Inspections by the District requested after regular business
hours will be charged at a minimum of one-hundred dollars ($100.00).
B. Backflow Inspections. Backflow installations (residential and commercial)
that require annual inspections must have a certified Backflow Technician perform
the testing and submit the report annually to the District.
C. Swimming Pool Discharge into Sanitary Sewer System. New swimming
pools permitted on or after June 24, 2005, shall have all backwash and/or drainage
from said pool discharge into the sanitary sewer system. Owners of pools built or
permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie
into the sanitary sewer. However, swimming pool backwash and drainage must drain
to grassy areas and is not permitted to flow into the storm drain system, creeks, or
other waterways.
For swimming pools discharging to the sanitary sewer system, an indirect connection
shall be made by means of an air break, discharging into a tailpiece installed a
minimum of six inches (6") (or 152 mm) above adjacent grade. The tailpiece shall be
connected to a minimum three-inch (Y or 76mm) p-trap not less than twelve inches
(12"or 304 mm)below grade which discharges into the yard cleanout riser. Backwash
systems shall not flow onto neighboring properties or into the storm sewer. The tie-in
and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of
issuance of the pool permit.
Section 1.06 Temporary Water Service-Construction Meters.
A. Construction Meters. The District shall be authorized to make a temporary
connection to any fire hydrant or flushing valve upon request for temporary water
service.All temporary service shall be metered and billed to the temporary customer
as provided herein. All unauthorized withdrawal of water from flushing valves, fire
hydrants, or other appurtenances of the District's System is prohibited.
B. Application and Deposit. Each temporary customer desiring temporary
water service shall be required to execute an application for such temporary service
and shall provide a minimum-security deposit of one-thousand-seven-hundred-
seventy-five dollars($1,775.00)for a three-inch (3") meter and RPZ; one-thousand-
four-hundred-twenty-five dollars ($1,425.00) for a smaller meter and smaller RPZ.
The deposit shall be made by cashier's check or money order payable to the
District. The deposit shall be used by the District to secure the payment for
temporary water supplied by the District, the installation fee, and the cost of repair
of any damages caused by the temporary customer. The balance of the security
deposit, if any, shall be refunded after disconnection from the District's System.
C. Construction Meter Fees and Rates. Construction meters will be charged
the same monthly rates (base fee and volumetric rate) for water as commercial
accounts as set forth in Article 11 of this Rate Order.
D. Temporary Construction Meter Use and Billing. Construction meters can
be rented by filing an application at the District office and payment of all required
deposits. Upon approval of the application, a temporary meter and RPZ will be
provided to the applicant. Installation on any fire hydrant or flush valve must be
approved by the District and District meters may only be used within the District's
service area. The location of installation must be indicated on the application and
cannot be relocated unless notification is provided to and approved by the District in
advance. Temporary meters may only be rented for a period of ninety (90) days and
extensions may be approved upon request and approval. Failure to return a
temporary meter or request a usage extension by the due date will result in
repossession of the meter and forfeiture of the deposit.
Upon return of a temporary construction meter, an inspection of the meter and RPZ
will be performed. Any and all damages to the meter and/or RPZ will be charged to
the customer and deducted from the deposit. If the deposit does not cover the total
amount of damages, the balance will be billed to the customer and payment must be
received by the due date. Failure to pay all charges due will result in suspension of
rental privileges until payment in full and may result in collection procedures.
E. Return of Temporary Meter at District Request. The District reserves the
right to request the return of a temporary construction meter at any time determined
a
necessary by the District. Should Stage 2 Drought Restrictions or more stringent
restrictions be implemented, all temporary construction meters must be returned
within three(3) business days of notification by the District. Failure to promptly return
the temporary meter within three business days will result in repossession of the
meter and forfeiture of the deposit. Should District personnel be unable to locate the
temporary meter for repossession, theft charges will be filed against the meter holder
with local law enforcement.
Section 1.07 Service Outside the District. The rates and charges stated in this Rate
Order are for services to customers and property located within the boundaries of the District.Any
service to a customer or property located outside the boundaries of the District shall be granted
only upon approval by the Board of Directors of the District. Out of District customers will pay
the adopted rates for in district customers plus 15%for both water and sewer base and volumetric
rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is
considered "in-district" and subject to all rates and service provisions related to in-district
customers.
Section 1.08 Service to New Development and Extension of Facilities.
A. New Service Connections and Extension of Facilities. New service
connections and extension of facilities must be constructed and installed in
accordance with the District's Rules Governing New Service Connections and
Extension of Facilities as approved through separate Resolution by the Board of
Directors._ Applicants for Non-Standard Service must submit all required
information and pay all fees prior to conveyance of facilities and service
commencement.
B. Application Fee for Non-Standard Service. Upon request for non-standard
service an application fee of$150 must be submitted.
C. Design of Facilities. All water and wastewater facilities to be constructed to
extend service to new developments must be designed by a professional engineer
licensed in the State of Texas at the applicant's expense. The District must approve
the plans and specifications prior to the commencement of construction. At the time
of plan review submittal, the applicant must provide payment to the District in the
amount of $2,500.00 as deposit for review of each set of plans and specifications
reviewed by the District's engineer. The actual final fee for plan review by the District's
engineer shall be provided to the applicant upon approval of the plans. If there is a
balance due over the$2,500 paid by the applicant at submittal, the balance due shall
be paid by the applicant prior to receiving District approval of plans and specifications.
District construction plans, and specifications shall be strictly adhered to, but the
District reserves the right to change order any specifications, due to unforeseen
circumstances during the design or construction of the proposed facilities, or as
otherwise authorized by applicable laws, to better facilitate the operation of the facility.
All expenses and costs associated with a change order shall be charged to the
applicant. Service to new developments is subject to available capacity in the
District's water and wastewater systems. All new potential developments must seek
written approval from the General Manager that capacity is available to serve and
may be required to install offsite improvements if capacity is not available with current
system infrastructure.
D. Inspection Fees. The District will inspect all infrastructure during construction.
Inspection fees of$100 per lot must be paid to the District prior to a notice to proceed
being issued. A minimum of$500 for inspection fees is required if less than five (5)
lots are to be developed.
Section 1.09 Water Meter Fees.
METER SIZE WATER METER FEE
5/8" $2-7-8300
1" 3535
1-1/2" $736
2" Quoted at Time of Purchase
3" Quoted at Time of Purchase
4" Quoted at Time of Purchase
6" Quoted at Time of Purchase
8" Quoted at Time of Purchase
10" Quoted at Time of Purchase
Fees must be received by the District before any connection is installed.
A customer seeking service through an oversized connection line or from a meter larger
than a one-inch (1") standard meter shall follow the District's policy for new development as
outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees
to pay the water and sewer rates as outlined in Article II of this Rate Order.
Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection,
shall also pay to the District the applicable City of Fort Worth Impact Fee.
Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all
other appurtenances, including meter boxes, shall lie in the District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service Rates. The following monthly rates for water service shall
be in effect for each separate connection within the District. The base rate for each connection
(meter) is calculated upon meter size and will be charged for each residential and commercial
meter:
(1) Water Rates
_BASE RATES:
METER SIZE MONTHLY BASE RATE
5/8" & 3/4" $18.15
1" $34.11
1.5" $60.26
2" $91.63
3" $164.84
4" $269.43
6" $530.89
VOLUMETRIC RATES:
Gallons Used Rate per
1000 gallons
0 to 6,000 $3.96
6,001 to 17,000 $4.61
17,001 to 25,000 $5.34
25,001 to 50,000 $6.20
50,001+ $7.21
(2) Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.)
served by a single 5/8" meter or 1" meter shall be billed the base rate for
the meter size servicing the building multiplied by the number of units in the
building or complex.
Section 2.02. Sewer Service Rates. The following monthly rates for the collection and
disposal of sewage shall be in effect for each separate connection within the District:
Residential Sewer Rates: The District uses winter averaging for the purpose of
calculating sewer charges on utility bills. The sewer charges are based on average water
consumption for three months (December, January and February billing). The average
consumption will be analyzed annually and take effect the first of April each year.
New customers will be assigned a default value user charge that is equal to the average
winter water use for all residential customers. The winter average used for new residential
customer is 7,000 gallons.
A customer with a water leak during the averaging months may request a reduction in the sewer
usage calculation. Any customer filling a pool after resurfacing, construction or major repairs
during the averaging months may request that their winter average calculation be adjusted.
Requests for a reduction in sewer usage calculations must be submitted in writing to the General
Manager and have documentation showing the construction or repairs as applicable to the issue.
The General Manager or a duly authorized representative may adjust the metered water usage
in determining the winter average. To assist in establishing winter averaging sewer rates,
customers are encouraged to submit requests for sewer average reductions no later than March
15th.
A. Residential Sewer Rates: Effective April 1, 2020
Base Rate: $ 22.15
0 to 4,000 $4.10
4,001 to 8,000 $ 5.85
8,001 to 12,000 $ 8.25
12,000+ $ 11.75
B. Commercial Sewer Rates: Effective April 1, 2020
Base Rate: $ 22.15
Volumetric Rate: $ 6.94
*Commercial sewer usage is billed based on actual water usage per month
t
C. Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.) shall be
billed the base rate for each meter servicing the building and sewer usage will be
billed based on actual water usage per month.
Section 2.03 Effluent Charge. The effluent from the District's wastewater treatment
plant will be sold pursuant to separate contracts entered into with the District and approved by its
Board of Directors.
Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the
master meter reading minus the reading from the "Blow Down" meter equals the "evaporation."
Water usage less "evaporation" equals sewer usage for billing purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code,
and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the
Texas Commission on Environmental Quality("TCEQ") in the amount required by law on the total
charges for retail water and sewer service billed to its customers annually. The regulatory
assessment fee will be detailed separately on customer bills.
Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or
sewer service from the District shall be subject to the provisions of this Order and shall be charged
the rates established in this Order. No reduced rate or free service shall be furnished to any
customer whether such user be a charitable or eleemosynary institution, a political subdivision,
or municipal corporation; provided, however, this provision shall not prohibit the District from
establishing reasonable classifications of customers.
ARTICLE III
SERVICE POLICY
Section 3.01. Security Deposits. Security deposits shall be required as follows:
A. Builder's Deposit. A seventy-five dollar ($75.00) security deposit shall be
required of builders for each tap made by the District for such service connection,
payable at or prior to the time that such tap is made, and the security deposit is
refundable to the builder when the account is later transferred to an owner if that
account and all other accounts of the builder are current at the time of the transfer;
but, if that account or any other account of the same builder is not current at the time
of such transfer to an owner, then the security deposit shall be applied against the
outstanding balance of the builder's account(s) at the time of such transfer. The
District shall deduct from the deposit the cost to repair any damage caused to the
District's property by the builder or the builder's employees, contractors,
subcontractors or agents and shall deduct any delinquent water and sewer service
bills of the builder. In the event any amounts are deducted from the builder's deposit,
it will be incumbent on the builder to reinstate the original amount of the deposit, and
failure to do so will result in the suspension of any additional water taps for the builder.
B. Residential Owners. A security deposit of seventy-five ($75.00) shall be
required from each residential owner customer for a single-family home connected to
the District's system. Upon discontinuation of service, the deposit shall be applied
against amounts due, including disconnection fees.
C. Commercial Deposits
COMMERCIAL DEPOSITS
METER SIZE WATER SEWER
%11 $75 $60
1" $100 $100
1.5" $250 $200
2" $500 $320
3" $1,000 $700
4" $1,800 $1,200
6" $3,750 $2,500
8" $5,400 $3,600
D. Residential Lessees. A security deposit of one-hundred-fifty dollars
($150.00) shall be required from each residential lessee customer for a single-family
home. Upon discontinuation of service, the deposit shall be applied against amounts
due, including any disconnection fees.
E. Construction Meters. See Section 1.06 above.
F. Other customers. A security deposit equal to two (2) months estimated
average monthly water and sewer bill shall be required of all other customers
including commercial and multi-unit accounts.
G. Deposits. The District does not pay interest on deposits. The interest drawn
by the District on customer deposits is returned into the operating budget of the
water/sewer fund to help in providing the lowest possible water and sewer rates for
our customers.
Section 3.02. Billina Procedures. All accounts shall be billed in accordance with the
following:
A. Due Date and Delinquency. Charges for water and sewer service shall be
billed monthly. Payment shall be due on or before the twentieth(20th)day of the month
in the month in which the bill was received. Unless payment is received on or before
the twentieth (20th) day of the month, such account shall be considered delinquent. If
the due date falls on a holiday or weekend, the due date for payment purposes shall
be the next working day after the due date. The District shall charge a penalty on past
due accounts calculated at the rate of fifteen percent (15%) per month on water and
sewer charges. The rates for water and sewer service shall depend upon the type of
user and upon whether the water used has been chemically treated, as provided in
this Rate Order. All accounts not paid by the due date shall be deemed delinquent
and failure to make payment thereafter may result in the termination of water and
sewer service.
B. Notice and Appeal. Prior to termination of service, a customer who is
delinquent in payment shall be sent a notice that service will be discontinued on or
after the fifteenth (15th) day after the date of such notice unless payment in full is
received before by such day disconnection is scheduled. Notice shall be sent by first
class United States mail and shall inform the customer of the amount of the delinquent
bill, the date service will be disconnected if payment is not made, and of the
customer's right to contest, explain, or correct the charges, services, or
disconnection. Service shall not be disconnected where a customer has informed the
District of his or her desire to contest or explain the bill. If the customer appears before
the Board, the Board shall hear and consider the matter and inform the customer of
the Board's determination by sending written notice to the customer by first class
United States mail stating whether or not service will be disconnected. In the event
of a service is disconnected more than two (2) times per calendar year (January
through December) for non-payment, an additional Security Deposit of $150.00 will
be required for Residential homeowners and $150.00 for Lessees to restore service
in addition to a$50.00 service fee, and afterhours re-connection charges if applicable,
and any outstanding balance in Arrears will need to be brought current. As set out
above in Section 3.01. If payment is not received prior to the date that disconnection
has been scheduled, a service charge of$50.00 dollars will be added to the account.
Reconnections made outside of the District's normal business hours at the customer's
request will be charged at an additional after hour's fee of one-hundred dollars
($100.00).
C. Business Hours. For purposes of assessing the foregoing charges, "normal"
or "regular" business hours shall mean only the hours between 8 a.m. and 5 p.m.,
Monday through Friday. All other times, including District holidays, are outside of the
District's normal business hours and will result in the higher charge.
D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will
be charged to the customer's account for any check or ACH bank draft returned by
the bank.Any amounts due on an account which have been paid with a check or ACH
bank draft that has been returned by the bank must be paid in full by cash, cashier's
check or money order, including all late charges and returned check charges, within
ten (10) days from the day the District mails notice to the customer or otherwise
notifies the customer that the check or ACH bank draft has been returned by the bank.
E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall
be made when a customer requests same-day service. As an example, this charge
will be implemented upon request by a customer for same-day service to start or
terminate water and sewer service or to perform re-reads the same day as requested.
F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of
twenty-five dollars ($25.00) shall be charged to a customer by the District for each
meter accuracy reading made by the District for such customer when the original
reading appears to be accurate. If the original meter reading appears to be in error,
no fee will be charged. Each customer will be allowed one accuracy meter reading
per calendar year at no charge. ''Should a customer request that a meter be
removed, and bench tested by an outside source, then a fee of one-hundred-twenty-
five dollars ($125.00) will be charged to the customer. If the meter fails to meet
American Water Works Association standards for in-service meters, then the
customer will be given a credit offsetting the amount of the charge.
https://www.awwa.orQ/publications/journal-awwa/abstract/articleid/34055179.aspx
G. Meter Data Logging Fee. Each customer will be allowed one data log at no-
cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a
customer by the District for each meter data logging service performed thereafter.
Meter data logging service can only be provided during regular business hours.
Section 3.03. Entitlement. Water and sewer service shall be provided to customers in
accordance with all TCEQ rules covering minimum water and sewer standards.
Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein
are applicable for Domestic Waste as defined herein. Customers proposing to generate other
types of waste will be assessed additional charges as established by the District.
Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than a duly
authorized agent of the District shall tamper with or in any way interfere with a meter,
meter box, service line or other water and/or sewer system appurtenance.The District
reserves the right, immediately and without notice, to remove the meter or disconnect
water service to any customer whose meter has been tampered with and to assess
repair charges to the customer, plus a damage fee not to exceed five-thousand
dollars($5,000.00), plus any applicable charge for same day service. The District also
reserves the right to file civil and/or criminal charges against any person or entity
tampering with the District's public water system and/or sewer system.
B. Repair. It is the responsibility of the customer to maintain and repair the water
service line from the point of connection to the District's water meter. The District
reserves the right to repair any damage to the District's System and appurtenances
without prior notice and to assess against any customer such penalties as are provided
by law and such penalties provided for in this Rate Order in addition to those charges
necessary to repair the portion of the System so damaged.
C. Video. --If at any time a resident/customer wishes to have the District video their
sewer line to help the resident determine the condition of their sewer line, the fee will
be one-hundred-fifty dollars ($150.00) payable to the District assessed on the next
month's bill.
Section 3.06. Easements. Before service is established to any customer, the person
requesting such service shall grant an easement of ingress and egress to and from the meter(s)
for such maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.07. Required Service. No service will be provided by the District unless the
customer agrees to receive both water and sewer service, except that permanent irrigation only
meters may receive water service only. Irrigation meters cannot be connected to any building
plumbing.
Section 3.08. Additional Charges. In all cases where services are performed, and
equipment or supplies are furnished to a party or entity not within the District, the charge to said
party or entity shall be the District's cost of providing such services, equipment and/or supplies,
plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished
by the District under an existing Interlocal Agreement.
ARTICLE IV
INDUSTRIAL WASTE
Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste
shall be effective:
A. Definition. "Industrial waste" shall mean the water-borne solids, liquids, and/or
gaseous wastes (including Cooling Water), resulting from any industrial,
manufacturing,trade, business, commercial, or food processing operation or process,
or from the development of any natural resource, or any mixture of such solids,
liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as
amended, and the General Pretreatment Regulations contained in 40 C.F.R. 403
contain the requirements for user's discharge of industrial waste into wastewater
facilities.
B. Industrial Waste Discharge, Charges, and Rates. If any customer of the
District's sanitary sewer system proposes to discharge industrial waste into such
system, the Board of Directors of the District shall request the recommendation of the
District Engineer and shall establish rates and charges to provide for an equitable
assessment of costs whereby such rates and charges for discharges of industrial
waste correspond to the cost of waste treatment, taking into account the volume and
strength of the industrial, domestic, commercial waste, and all other waste discharges
treated and techniques of the treatment required. Such rates shall be an equitable
system of cost recovery which is sufficient to produce revenues, in proportion to the
percentage of industrial wastes proportionately relative to the total waste load to be
treated by the District for the operation and maintenance of the treatment works, for
the amortization of the District's indebtedness for the cost as may be necessary to
assure adequate waste treatment on a continuing basis.
C. Pretreatment. The Board of Directors of the District shall rely upon the
recommendation of the District Engineer and shall require pretreatment of any
industrial waste that would otherwise be detrimental to the treatment works or to its
proper and efficient operation and maintenance or will otherwise prevent the entry of
such industrial waste into the treatment plant.
ARTICLE V
ENFORCEMENT/CIVIL PENALTIES
Section 5.01. Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil penalties for
breach of any rule of the District: The violator shall pay the District twice the costs the
District has sustained due to the violation up to ten-thousand dollars ($10,000.00). A
penalty under this Section is in addition to any other penalty provided by the laws of
this State and may be enforced by complaints filed in the appropriate court of
jurisdiction in the county in which the District's principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the same
action, recover any reasonable fees for attorneys, expert witnesses, and other costs
incurred by the District before the court. The court shall fix the amount of the
attorneys' fees.
B. Liability for Costs. Any person violating any of the provisions of this Order
and/or the rules and regulations governing water and sanitary sewer facilities, service
lines, and connections shall become liable to the District for any expense, loss or
damage occasioned by the District by reason of such violation, and enforcement
thereof shall be in accordance with Paragraph A of Section 5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to enforce any section,
clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District
later to enforce any section, clause, sentence, or provision of this Order.
Section 6.03. Appeal. Any determination by the District of any dispute regarding the
terms and provisions of this order may be appealed to the Board of Directors of the District,which
shall conduct a hearing on the matter. The District shall provide the customer with information
regarding appeals and hearing procedures upon the customer's request.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments. The Board of the District has and specifically reserves the
right to change, alter or amend any rate or provision of this Order at any time.
Section 6.02. Severability. The provisions of this Order are severable, and if any
provision or part of this Order or the application thereof to any person or circumstance shall ever
be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Order and application of such provision or part of this Order shall not be affected
thereby.
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the "2020-0316,A0921 B Rate Order" (Order No. 2020-
O,316A921 B) of the District. All previous Orders adopted by the Board of Directors pertaining to
the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof.
ARTICLE Vill
EFFECTIVE DATE
This Order shall be effective on APFII tOctober 1, 2020.
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open to the public as required
by law, and that public notice of the time, place, and subject matter of said meeting and of the
proposed adoption of this Order was given as required by law.
ADOPTED AND APPROVED this W-21t' day of September 2020.
GF9gGFY AWLSO-RSteve Flynn, President
Board of Directors
(SEAL)
Steve T.Kelly Castonguay, Secretary/Treasurer
Board of Directors