HomeMy WebLinkAbout2015-0519 Rules and Civil PenaltiesORDER NO. 2015-0519
ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
ESTABLISHING RULES AND CIVIL PENALTIES RELATING TO
INTERFERANCE WITH DISTRICT METERS, LINES OR OTHER PROPERTY.
WHEREAS, Trophy Club Municipal Utility District No. 1 (hereafter "District") of Denton and
Tarrant Counties in the State of Texas, owns, operates and maintains a water and sewer system ; and,
WHEREAS, Section 54.205, Texas Water Code, authorizes the District to adopt and enforce
reasonable rules and regulations concerning the administration of its utility facilities; and,
WHEREAS, Section 49.004, Texas Water Code, authorizes the District to set penalties for the
breach of any rule of the District, which penalties shall not exceed the jurisdiction of a justice court as
provided in Section 27.031, Texas Government Code; and,
WHEREAS, Section 54.206, Texas Water Code, states that after the required publication, these
rules shall be recognized by the courts as if they were penal ordinances of a city; and,
WHEREAS, Section 54.207, Texas Water Code, provides that the Board shall publish in a
newspaper once a week for two consecutive weeks a substantive statement of the rules and the penalty for
their violation; and,
WHEREAS, the Board of Directors has carefully considered the matter and is of the opinion that
the following rules, regulations, and penalties are necessary for the safe and efficient management of the
District's utility facilities;
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON AND TARRANT COUNTIES, IN THE STATE
OF TEXAS, THAT, FROM THIS DATE FORWARD:
The following fees, charges, rules, regulations, and civil penalties are hereby adopted pursuant to
Article XVI, Section 59, Texas Constitution and Chapters 49 and 54, Texas Water Code:
Section 1. Interfering with District Meters, Lines, or Other Property.
Liston , Pam I TCMUDl
(a) A person shall not commit any of the following acts without the effective consent of the
District:
1. Damage or destroy the tangible property of the District or any part of such property; or
11. Tamper with the tangible property of the District and cause pecuniary loss or substantial
inconvenience to the District, its customers, its inhabitants, or any other third person; or
111. Interfere with the proper operation of any tangible property of the District; or
IV. Divert or prevent the free passage and metering of any water from the water lines of the
District, or causes any flow of water from the water lines of the district to bypass a meter;
or
v. Supply water to other persons or families or allows them to take water, except for use on the
premises or for emergency needs.
(b) As used in these rules and regulations, "tangible property of the District" specifically includes,
but is not limited to, water lines, sewer lines, storm drainage lines, pumps, motors, fences,
buildings ,signs,or-equipment-owned by_the District and_meters upon the water lines_or_sewer __
lines, regardless of whether such meters are owned by the District or by the customers of the
District.
(c) Violation of these rules and regulations will result in the offending party being subject to the
payment of a civil penalty in an amount that does not exceed the jurisdiction of a justice court, as
provided by Section 27.031, Texas Government Code [up to ten thousand dollars ($10,000.00)].
Each day of violation constitutes a separate offense. In addition, the offending party will be liable
to the District for any costs incurred by the District, including fees for attorneys, expert witnesses
and other costs incurred before the court.
Section 2. Effective Date.
Following publication of these rules in accordance with Section 54.207 of the Water Code,
they shall become effective on the fifth day following said publication, as prescribed by
Section 54.208 of said Code.
Section 3. 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 the time, place, and subject matter of said meeting and of the
proposed adoption of this Order was given as required by Chapter 55 of the Texas
Government Code.
APPROVE AND ADOPTED this 19th day ofMay, 2015 .
Jim ss, President
Board of Directors
ATTEST:
Kevin R. Carr, Secretary
Board of Directors
Li ston, Pam I TC MUDl
-·