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2013-0515 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER No. 2013-0515
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
November 20, 2012 (the “2012 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 2013-0515 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.
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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 Water/Wastewater Superintendent has certified that the System or
applicable portion thereof is operable.
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 District not later
than a date to be fixed by the District.
If the Customer fails to comply with the terms of this Order, the District
shall, at its option, 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.
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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 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-twenty-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 (1½”) 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 nine-hundred-seventy-five dollars ($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 two-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
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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.
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
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. Re-inspections by the District requested after regular business
hours will be charged at a minimum of one-hundred dollars ($100.00).
B. Backflow Inspections. For all backflow installations
(residential and commercial) inspected by the personnel of the District, an
inspection fee of fifty dollars ($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 twenty-five
dollars ($25.00), plus payment by the customer of all outstanding charges.
If subsequent re-inspections are required, a re-inspection fee of twenty-
five dollars ($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 one-hundred dollars ($100.00).
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.
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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 (3” or 76 mm) 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 1.05. 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 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 one-thousand-seven-hundred-seventy-five dollars
($1,775.00) for a three-inch (3”) meter and RPZ; six-hundred-fifty dollars
($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. Construction Meter Fees and Rates. A fee of one-
hundred dollars ($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 Rate
Any amount $3.55 per each 1,000 gallons
D. Temporary Construction Meter Use Constraints. To
avoid damages resulting from freezing weather, all temporary construction
and irrigation meters shall be removed from fire hydrants at the end of
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each day and no later than 4:00 p.m. beginning November 1 and through
the following March 15. Any irrigation and/or construction meter found
still attached to a fire hydrant after 4 p.m. beginning November 1 and
through the following March 15, will be removed at a service charge fee of
seventy-five dollars ($75.00). Should any irrigation and/or construction
meter attached to a fire hydrant cause damage as a result of being
attached to a meter during freezing conditions beginning November 1 and
through the following March 15, renter will be responsible for all costs
associated with repair of damaged fire hydrant, to include labor costs.
Section 1.06. 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 Trophy Club Park at Lake Grapevine is specifically exempted
from the doubling provision of the preceding paragraph.
Section 1.06.01 Service to New Development. 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 two thousand
five hundred dollars ($2500.00) 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 two thousand five hundred dollars
($2,500.00) 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.
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Section 1.07. Water Meter and Water Tap Fees.
Domestic one-inch (1”) meter: $ 317.00
Fee for District-made Water Tap: $ 1,000.00
Inspection Fee for Water Tap: $ 50.00
The one-thousand-dollar ($1,000.00) fee must be received by the District
before any residential connection is initially made by District personnel to the
District’s water system, which includes the cost for a one-inch (1”) meter.
When taps have been made by someone other than District personnel,
there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the
appropriate 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 1.08. 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 1.09. 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:
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(1) Single-Family Homes. Each single family home shall
be billed as follows:
Basic Charge Fee: (Does not include water usage) $12.71
0-6,000 gallons per month $2.50/1,000 gallons
7,000 to 17,000gallons per month $3.05/1,000 gallons
18,000 to 25,000 gallons per month $3.30/1,000 gallons
26,000 to 50,000 gallons per month $3.40/1,000 gallons
51,000 plus gallons per month $3.50/1,000 gallons
(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 that is served by a single meter
shall be billed for water at the same rate as a single-
family home, with a Basic Charge Fee of $12.71 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 a Basic Charge Fee of $12.71 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.
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
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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:
Basic Charge Fee: (Does not include sewer usage) $12.71
0-12,000 gallons per month $2.50/1,000 gallons
12,000 gallons maximum per month for residential
B. Commercial Buildings (including 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:
Basic Charge Fee: (Does not include sewer usage) $12.71
0-6,000 gallons per month $2.50/1,000 gallons
7,000-17,000 gallons per month $3.05/1,000 gallons
18,000-25,000 gallons per month $3.30/1,000 gallons
26,000 to 50,000 gallons per month $3.40/1,000 gallons
51,000 plus gallons per month $3.50/1,000 gallons
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 a Basic Charge Fee of $12.71 times the number of units in the
building or complex.
Section 2.03. Golf Course Irrigation Water to the Lakes / 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 of
sixty cents ($0.60) per thousand gallons for the years 2009-2011. Effective May
1, 2011 and continuing through April 30, 2013, the charge shall be sixty-five
cents ($0.65) per thousand gallons. Effective May 1, 2013 and continuing
through April 30, 2015, the charge shall be seventy cents ($0.70) per thousand
gallons.
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 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,
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the District may in its discretion waive the demand and/or minimal payment
charges to the customer.
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 six dollars ($6.00) per month. Unless otherwise provided by the terms of
the recorded restrictive covenant applicable to a particular lot, the stand-by
charge 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 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,
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
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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 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. Residential Owners. A seventy-five dollar ($75.00)
security deposit shall be required from each residential owner customer
for a single-family home connected to the District’s system. The security
deposit shall be held for a period of (5) years at which time the deposit will
be refunded to customer on their current bill only if the customer has
maintained a current account with no more than (2) late fees occurring in
any calendar year and has had no disconnection of service for
nonpayment. If the customer has water service disconnected two or more
instances during any calendar year, said customer will be required to pay
an additional deposit of seventy-five dollars $75.00 plus service fees to
have water service restored. If the customer does not qualify for a refund
of the security deposit or the District’ maintains additional deposits due to
disconnection of services twice within any calendar year. Upon
discontinuation of service, the deposit shall be applied against amounts
due, including any disconnection fees.
C. 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. The security deposit shall be
held for a period of (5) years at which time the deposit will be refunded to
customer on their current bill only if the customer has maintained a current
account with no more than (2) late fees occurring in any calendar year and
has had no disconnection of service for nonpayment. If the customer has
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water service disconnected two or more instances during any calendar
year, said customer will be required to pay an additional deposit of
seventy-five dollars $75.00 plus service fees to have water service
restored. If the customer does not qualify for a refund of the security
deposit or the District’ maintains additional deposits due to disconnection
of services twice within any calendar year. Upon discontinuation of
service, the deposit shall be applied against amounts due, including any
disconnection fees.
D. Construction Meters. See Paragraph 1.05 above.
E. Other customers. A security deposit equal to two (2)
months’ estimated average monthly water and sewer bill shall be required
of all other customers.
F. Deposits. Currently, 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. 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 (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 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. Additional Charges – In the event that a service is
disconnected more than two (2) times per calendar year (January through
December) for non-payment, an additional Security Deposit of $75.00 will
be required for Residential homeowners and $75.00 for Lessees to restore
service in addition to a twenty-five dollar $25.00 service fee, an afterhours
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re-connection charges if applicable, and any outstanding balance on the
account to satisfy the minimum amount due.
C. Disconnection Fees - 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 twenty-five dollars ($25.00) 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).
D. 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. Customers may appeal to the Board of Directors. 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 or not service will be disconnected. In the event that
a service is disconnected more than two (2) times per calendar year (January
through December) for non-payment, an additional Security Deposit of one-
hundred dollars $100.00 will be required for Residential homeowners and one-
hundred dollars $100.00 for Lessees to restore service in addition to a twenty-
five dollar $25.00 service fee, an afterhours re-connection charges if applicable,
and any outstanding balance on the account to satisfy the minimum amount due.
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 twenty-five dollars
($25.00) 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, and between 7 a.m.
and 9 a.m. Saturdays, Sundays, and Holidays. All other times are outside
of the District’s normal business hours and will result in the higher charge.
D. Returned Checks. A twenty-five dollar ($25.00) charge will
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 all late charges and returned check
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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. Same-Day Service. A 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 ten dollars ($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 one-hundred-twenty-five dollars
($125.00) 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
G. Termination of Service. When a customer stops service
or service is terminated due to bankruptcy, foreclosure, or otherwise, then
it is the policy of the District not to impose any further monthly fees until
such time as service is initiated. There shall be no reoccurring monthly
fees imposed upon a residence that is vacant and receives no service.
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 and/or sewer system appurtenance. The District reserves the right,
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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.
B. Repair. It shall be the responsibility of each customer to
maintain the sewer line including the tap, from the point of connection to
the District’s sewer system and to the building served. 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. Requested Temporary Disconnection. If service is
temporarily disconnected at the customer’s request, the charge for such
voluntary disconnection shall be ten dollars ($10.00), and the charge for
subsequently reconnecting the service shall also be ten dollars ($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 during 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 the boundries of 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
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furnished by the District, under an existing Interlocal Agreement nor to the rates
the District charges for out-of-district water and sewer service.
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.
B. 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.
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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
five-thousand dollars ($5,000.00). 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 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.
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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 “2013 Rate Order” (Order 2013-
0515) of the District. All previous Rate 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 May 15, 2013
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.
PASSED, ADOPTED, ORDERED, AND APPROVED this 15th day of
May, 2013.