HomeMy WebLinkAbout2008-0408 2008 Rate Order2008 RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No.1
ORDER No.2008-0408
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 andlor 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
October 9,2007 (the "2007 Rate Order"),several additional modifications are
needed at this time and 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 2008 Rate Order 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
WaterNVastewater Superintendent has certified that the System or
applicable portion thereof is operable.
Trophy Club MUD 1 2008 Rate Order 2008·0408
B.Backflow Prevention.No water connections from any public
drinking water supply system shall be allowed to any commercial
establishment where an actual or potential contamination hazard exists
unless the public water facilities are protected from contamination.
At any commercial establishment where an actual or potential
contamination hazard exists,protection shall be required at the meter in
the form of a backflow prevention assembly.The type of assembly
required shall be the one known as "Reduced Pressure Zone"(RPZ)
unless otherwise specified by the District through its Superintendent
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 MUD not later
than a date to be fixed by the MUD.
If the Customer fails to comply with the terms of this Order,the MUD shall,
at its option,either terminate service or properly install,test,and maintain
an appropriate backflow prevention device at the service connection.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
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Trophy Cluh MUD 1 2008 Rate Order 2008-0408
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 six-thousand (6,000)square feet and less than eight-thousand
(8,000)square feet shall have installed on its one-inch (1")water service line,for
fire protection,and as part of said line,a one-inch (1 ")U-branch,with a separate
meter and meter-box.The cost of said U-branch,meter,and meter-box shall be
in the amount of five-hundred-!wenty-five dollars ($525.00),payable at the time
of permitting.
A residence of more than eight-thousand (8,000)square feet,in addition
to its regular one-inch (1")water service line,shall have installed a separate one-
and one-half inch (1)1,")water service line for fire protection,with its own meter
and meter-box.The cost of connection and installation of said separate line,
meter and meter-box shall be either $975.00 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 !wo-thousand-three-
hundred-fifty dollars ($2,350.00),payable at the time of permitting.
Section 1.03.Connections by District.All connections to the
District's sewer system shall be made in accordance with the District's Plumbing
Code and its rules and regulations.No person except the District 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,except for emergency
firefighting purposes,or make any repairs or additions to or alterations in any
meter,box,tap,pipe,cock or other fixture connected with the water service or
any manhole,main,trunk or appurtenance of the District's sanitary sewer
system,unless otherwise specified by the Board of Directors of the District.No
sewer connection shall be covered in the ground before a representative of the
District has inspected the sewer connection.No house lead shall be covered in
the ground before the water connection has been inspected and approved by a
licensed plumbing inspector with jurisdiction of the site.
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Trophy Club MUD 1 2008 Rate Order 2008-0408
Section 1.04.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
$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 are-inspection
fee of $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 $25.00 shall be paid to the District for each subsequent
re-inspection.Re-inspections by the District requested after regular
business hours will be charged at a minimum of $1 00.00.
B.Backflow Inspections.For all backflow installations
(residential and commercial)inspected by the personnel of the District,an
inspection fee of $50.00 shall be paid to the District.Inspections 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 $25.00,plus payment by the customer of
all outstanding charges.If subsequent re-inspections are required,a re-
inspection fee of $25.00 shall be paid to the District for each subsequent
re-inspection.Re-inspections by the District requested after regular
business hours will be charged at a minimum of $100.00.
Section 1.05.Builder's Deposit.
A.Residence,Commercial Building or Other Structure.Each
builder of a residence,commercial building or other structure shall,at the
time a request for a water tap is made,pay a deposit of $75.00 for the first
lot for which a water tap has been requested,and $75.00 for each
additional lot thereafter.The deposit shall be refunded within ninety (90)
days after the builder certifies the sale of its last residence,commercial
building or other structure within the District,less any amounts forfeited as
provided herein.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
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Trophy Club MUD 1 2008 Rate Order 2008-0408
deduct any delinquent water and sewer service bills of the builder.In the
event any amounts are so 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.Swimming Pool Discharge into Sanitary Sewer System.Any
backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system.An indirect connection shall be made by means of
an air break,discharging into a tailpiece installed a minimum of 6"(or 152
mm)above adjacent grade.The tailpiece shall be connected to a
minimum 3"(or 76 mm)p-trap not less than 12"(304 mm)below grade
which discharges into the yard clean out riser.Backwash systems shall
not flow onto neighboring properties or into the storm sewer.The tie-in
and inspection fee shall be $75.00 to be paid at the time of issuance of the
pool permit.
Section 1.06.Temporary Water Service.
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 without prior approval of the
District,except for emergency fire-fighting purposes,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
$1 ,875.00for a three-inch (3")meter and RPZ;$650.00 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.Fees and Rates.A fee of $100.00 for costs of installation,plus
the cost of the metered water,shall be charged for temporary water
service.The following rate for the sale of water for each temporary water
service connection shall be in effect from the effective date hereof until
such time as the Board amends said rate:
Gallons Used
Any amount
5
Rate
$2.94 per each 1,000 gallons
Trophy Cluh MUD 1 2008 Rate Order 2008-0408
Section 1.07.Service Outside the District.The rates and charges stated
in this Rate Order are for service 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 special approval by the
Board of Directors of the District.Unless other provisions are established by a
special contract approved by the Board of Directors of the District,any service to
customers or property outside the boundaries of the District shall be at the same
rates and terms as specified in this Rate Order,except that regular charges for
water,sewer,and tap charges shall be doubled.
Service to Marshall Creek Park is specifically exempted from the doubling
provision of the preceding paragraph.
Section 1.08.Water Tap Fees.A fee of $1,000.00 must be received by
the District before any residential connection is initially made to the District's
water system,which tap fee will include a one-inch (1 ")meter.Any request by a
customer for service from an oversized connection line or from a meter larger
than a one-inch (1")standard meter shall be granted by the District only if the
customer agrees and makes suitable arrangements to pay the increased costs
for such larger line and/or meter as set out above in Paragraph 1.02.
Each customer requesting an initial connection to the District's water
system shall also pay to the District the cost required to be paid by the District to
the City of Fort Worth as a "water impact fee"or "water access fee"for the
additional customer connection to the Fort Worth water system.
Section 1.09.Sewer Tap Fees.The charge for all taps of sewer lines
within the District shall be equal to the cost to the District for making such
connections.
Section 1.10.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.The following monthly rates for the sale of
water shall be in effect for each Separate Connection within the District from the
effective date hereof until such time as the Board of Directors amends said rates:
A.Chemically Treated Water.Water from the District's facilities
which has been mixed,chlorinated,or otherwise treated so that it is
suitable for human use and consumption shall be at the following rates:
(1)Single-Family Homes.Each single family home shall
be billed as follows:
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Trophy Club MUD 1 2008 Rate Order 2008·0408
Administrative Fee (Does not include water usage)$11.50
0-6,000 gallons per month $2.19/1,000 gal
,7,000 to 12,000 gallons per month $2.64/1,000 gal
13,000 to 25,000 gallons per month $2.84/1,000 gal
26,000-plus gallons per month $2.94/1,000 gal
(2)Commercial.Each business service connection shall
be deemed to be a single-family home for purposes of water
servIce.
(3)Clubs.Each club shall be deemed to be a single-
family home for purposes of water service.
(4)Golf Course.Each meter shall be deemed to be a
single-family home for the purposes of water service.
(5)MUlti-Family Buildings.
(i)Single Meter.Each multi-family building or
complex of buildings which is served by a single
meter shall be billed for water at the same rate as a
single-family home,with an administrative fee of
$11.50 times the number of units in the building or
complex.
(ii)Multiple Meters.If a multi-family building or
complex of buildings is served by more than one
meter,then water delivered through each meter shall
be billed at the same rate as a single family home,
with an administrative fee of $11.50 times the number
of units served by the meter.
(6)Public Access Parks.Any water or sewer services
utilized by the Town of Trophy Club in public access parks
for the operation and maintenance of such parks will be
billed at the in-district rate.Such water and sewer services
shall be for the benefit of the residents of the Town of Trophy
Club.Use for any other purpose shall require the services to
be billed at double the rate.
B.Golf Course Irrigation Water to the Lakes.
In addition to water usage charges,when the customer requests
fresh water on the day that established the District's peak draw from the
City of Fort Worth,the customer shall be required to pay its respective
portion of any demand rate and/or minimal payment rate as specified in
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Trophy Club MUD 1 2008 Rale Order 2008-0408
the District's wholesale water supply contract with the City of Fort Worth.
However,if the customer's demand is absorbed by the District with no
additional charges from Fort Worth,the District may in its discretion waive
the demand and/or minimal payment charges to the customer.
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 from the effective date hereof until such time as the Board of
Directors amends said rates:
A.Single-Family Homes and Cottages.Each single-family home
and cottage shall be billed based upon the treated water used by such unit
that month,as follows:
Administrative Fee (Does not include sewer usage)$11.50
0-6,000 gallons per month $2.19/1,000 gal
7,000-12,000 gallons per month $2.64/1,000 gal
12,000 gallons maximum per month for residential
B.Commercial Buildings (inciuding Clubs).Each commercial
building shall be billed for sewer service at the same rate as single-family
homes,based on the treated water used by such unit that month as
follows:
Administrative Fee (Does not include sewer usage)$11.50
0-6,000 gallons per month $2.19/1,000 gal
7,000-12,000 gallons per month $2.64/1,000 gal
13,000-plus gallons per month $2.64/1,000 gal
C.Multi-Family Buildings.Each unit in a multi-family building or
complex of buildings shall be billed at the same rate as a single-family
home,with an administrative fee of $11.50 times the number of units in
the building or complex.
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.The District has contracted to
sell effluent to the Trophy Club Country Club and discharge said effluent into golf
course lakes at a charge $.55 per thousand gallons for the year 2008-2009.
Section 2.04.Stand-by Charge.For those lots subject to recorded
restrictive covenants that require or authorize the District to charge a stand-by
fee for water and sewer service where the lot has water and sewer service
available but the lot is not yet connected to the District's system,the stand-by fee
shall be $6.00 per month.Unless otherwise provided by the terms of the
recorded restrictive covenant applicable to a particular lot,the stand-by charge
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Trophy Club MUD 1 2008 Rate Order 2008·0408
shall commence on the first day of the month following the date upon which
water and sewer service is available at the property line of the lot and the charge
shall cease on the first day of the month preceding the date upon which water
and sewer use charges become due and payable to the District for water and
sewer service supplied to the lot.
Section 2.05.Master Meter (Cooling Tower Calculation).
The water usage from the master meter reading less 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 TAC291.76,the District shall pay a regulatory assessment
to the Texas Commission on Environmental Quality ("TCEQ")annually in the
amount required by law on the total charges for retail water and sewer service
billed to its customers annually.
At the end of each year,the District shall prepare a written statement
indicating (i)the total charges for retail water and sewer service for the year and
(ii)the regulatory assessment due and payable to the TCEQ.
Section 2.07.No Reduced Rates or Free Service.All customers
receiving water andlor sewer service from the District shall be subject to the
provisions of this Order and shall be charged the rates established in this Order,
and 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 for which rates
differing from the rates stated herein may be adopted.
ARTICLE III
SERVICE POLICY
Section 3.01.Security Deposits.Security deposits shall be required as
follows:
A.Builders.A $75.00 security deposit shall be required of builders
for each tap made by the District for such service connection,payabie 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
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Trophy Cluh MUD 1 2008 Rate Order 2008-0408
security deposit shall be applied against the outstanding balance of the
builder's account(s)at the time of such transfer,
B.Residential Owners.A security deposit of $50,00 shall be
required from each residential owner customer for a single-family home
connected to the District's system,The security deposit is refundable to
the customer when the account is later closed if that account is current at
the time it is closed.However,if the account is not current at the time it is
closed,then the security deposit shall be applied against the outstanding
balance of the customer's account at that time.
C.Residential Lessees.A security deposit of $150.00 shall be
required from each residential lessee customer for a single-family home.
D.Construction Meters.See Paragraph 1.06 above,
E,Other customers.A security deposit equal to two months'
estimated average monthly water and sewer bill shall be required of all
other customers.
Currently,the MUD/District does not pay interest on deposits.The
interest drawn by the MUD/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 citizens.
Section 3,02.Billing Procedures,All accounts shall be billed in
accordance with the following:
A.Due Date and Delinquency.Charges for water service,sewer
service,and standby fees shall be billed monthly.Payment shall be due
on or before the twentieth (20 th )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 ten percent (10%)per month on water,sewer and standby 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 the fifteenth (15 Ih )day after the date of such notice
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Trophy Cluh MUD 1 2008 Rate Order 2008-0408
unless payment in full is received by such day.Notice shail be sent by
first class United States mail and will provide the customer with an
opportunity to appear in person or by written correspondence at a
scheduled meeting of the Board of the District to contest,explain,or
correct the charges,services,or disconnection.The notice shall inform
the customer of the amount of the delinquent biil,the date service wiil be
disconnected if payment is not made,and of the 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 his bill.If the customer appears before the
Board,in person or by written correspondence,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 service wiil be disconnected.If service is disconnected,it
shall be reconnected only upon payment in full of all amounts due,
including any late charges,the security deposit set out in Section 3.01,
and a reconnection charge of $25.00,if the reconnection is made during
the District's normal business hours.Reconnections made outside of the
District's normal business hours at the customer's request will be charged
at a reconnection fee of $25.00,plus an additional charge of $1 00.00.
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,and between 7 a.m.
and 9 a.m.Saturdays,Sundays,and Holidays.Ail other times are outside
of the District's normal business hours and will result in the higher charge.
D.Returned Checks.A $25.00 charge wiil be charged to the
customer's account for any check returned by the bank.Any amounts due
on an account which have been paid with a check that has been returned
by the bank must be paid in full by cash,cashier's check or money order,
including ail late charges and returned check charges,within five (5)days
from the day the District hangs a notice on the customer's door or
otherwise notified the customer that the check has been returned by the
bank.
E.Confidentiality Request.A one-time charge of $5.00 shail be
made on each confidentiality request as set forth in H.B.859.
F.Same-Day Service.An additional charge of $25.00 shail be
made on customer requested 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 do re-reads the
same day as requested.
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Trophy Club MUD 1 2008 Rate Order 2008-0408
G.Accuracy Reading Fee.A meter accuracy reading fee in the
amount of $10.00 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 the meter accuracy reading be made by
an outside source,then a fee of $35.00 will be charged to the customer.If
the original meter reading is found to be in error,then the customer will be
given a credit offsetting the amount of the charge.
Section 3.03.Entitlement.Customers are not guaranteed a specific
quantity or pressure of water or specific capacity in sewer facilities for any
purpose whatsoever;furthermore,in no instance shall the District be liable for
failure or refusal to furnish water or any particular amount or pressure of water or
to provide capacity in sewer facilities.
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 open a meter box,tamper with or
in any way interfere with a meter,meter box,service line or other water
andlor 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
$5,000.00,plus any applicable charge for same day service.
B.Repair.It shall be the responsibility of each customer to
maintain the water and sewer lines from the point of connection to the
District's water and sewer system to the building served.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 $150.00 payable to the District assessed
on the next month's bill.
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Trophy Club MUD 1 2008 Rate Order 2008-0408
Section 3.06.Requested Temporary Disconnection.If service is
temporarily disconnected at the customer's request,the charge for such
voluntary disconnection shall be $10.00,and the charge for subsequently
reconnecting the service shall also be $10.00.These charges apply to connects
and disconnects that are completed during normal business hours.
Section 3.07.Easements.Before service is begun to any customer,or
once begun before reconnection is made,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 3.08.Required Service.No service will be given from the
District's water and sewer system unless the customer agrees to take both water
and sewer service,except that permanent irrigation only services may receive
water only,and projects under construction may,if they wish,receive water
service only durinq the period of such construction.
Section 3.09.Additional Charges.In all cases where services are
performed for and equipment or supplies are furnished to a party or entity not
within MUD 1,the charge to said party or entity shall be the MUD's cost of
providing such services,equipment and/or supplies,plus 15%.This shall not
apply to services;equipment and/or supplies furnished by MUD 1 under an
existing Interlocal Agreement nor to the rates MUD 1 charges for out-of-district
water and sewer service.
ARTICLE IV
INDUSTRIAL WASTE
4.01.Poiicy.The following policy regarding industriai 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
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Trophy Cluh MUD 1 2008 Rate Order 2008-0408
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
$5,000.00.A penalty under this Section is in addition to any other penaity
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
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Trophy Club MUD 1 2008 Rate Order 2008-0408
waiver of the right of the District later to enforce any section,clause,sentence,or
provision of this Order.
Section 5.03.Appeal. Any determination by the District of any dispute
regarding the terms and provisions of this order may be appealed to the Board of
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.
Section 6.03.Headings.The section and paragraph headings used
herein are for reference only and are not to be construed as part of the text of the
section or paragraph.
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the "2008 Rate Order"(Order 2008-
0408)of the District.Ail 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 VIII
EFFECTIVE DATE
This Order shall be effective as of May 1",2008.
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open
to the pubiic 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 iaw.
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Trophy Cluh MUD 1 2008 Rate Order 2008-0408
PASSED,ADOPTED,ORDERED,AND APPROVED this 8th day of April
2008.
ATTEST:
(Seal)
~.L~
'CONSTANCE S.WHITE,Secretary
Board of Directors,Trophy Club
Municipal Utility District NO.1
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