HomeMy WebLinkAbout2015-0217 Resolution Establising Rules for New Service Connections and Ext. of FacilitiesRESOLUTION NO. 2015-0217
A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
ESTABLISHING RULES FOR NEW SERVICE CONNECTIONS AND EXTENSION OF
FACILITIES
WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is a conservation
and reclamation district, a body corporate and politic and governmental agency of the State of
Texas, created under Article XVI, Sec. 59 of the Texas Constitution, and the District operates
under Chapters 49 and 54 of the Texas Water Code;
WHEREAS, Section 54.205 of the Texas Water Code authorizes a municipal utility district
to adopt and enforce rules and regulations, inter alia, to provide and regulate a safe and adequate
freshwater distribution system; to secure and maintain a safe, sanitary and adequate plumbing
installations, connections, and appurtenances as subsidiary parts of its sanitary sewer system; to
preserve the sanitary condition of all water controlled by the district; and to prevent waste or the
unauthorized use of water controlled by the district; and
WHEREAS, pursuant to the foregoing authorization, the District desires to adopt
reasonable rules and regulations relating to the establishment of new service connections, and the
construction of improvements to the District's water and wastewater systems.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
SECTION 1. The facts and recitations in the preamble of this Resolution are hereby found
and declared to be true and correct, and are incorporated by reference herein and expressly made
a part hereof, as if copied verbatim.
SECTION 2. The Board of Directors of the District hereby adopts those certain "Rules
Governing New Service Connections and Extension of Facilities" in the form attached hereto as
Exhibit "A".
SECTION 3. The attached rules shall become effective immediately upon adoption of this
Resolution , and the General Manager is hereby authorized and directed to take all actions
necessary or convenient to the implementation of the new rules. Upon approval of this Resolution
by the Board of Directors, the General Manager shall publish a substantive statement ofthe rules
and the penalty for their violation in one or more newspapers with general circulation in the District
in accordance with the requirements of Section 54.207 of the Texas Water Code.
SECTION 4. This Resolution and the attached rules shall supersede all other policies and
rules previously adopted by the Board of Directors that conflict with the terms hereof.
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TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
BY:
Kevin R. Carr, Board Secretary
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RULES OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 GOVERNING
NEW SERVICE CONNECTIONS AND EXTENSION OF FACILITIES
1. Purpose; Findings; Application ofPolicy.
a. The purpose of these Rules Governing New Service Connections and Extension of
Facilities is to set forth the requirements of Trophy Club Municipal Utility District
No. 1 ("District") with respect to the installation, connection and provision of water
or wastewater services to new connections within the District's retail service
territory, and regarding the construction of improvements to the District's water
and wastewater system for service to new connections.
b. Unless expressly modified or waived by the Board of Directors for good cause
determined by the Board ofDirectors, all of the terms and provisions of these Rules
shall apply to new service connections and to the extension of, or construction of
improvements to, the District's water and wastewater system. These Rules shall be
applied in a non-discriminatory manner. These Rules shall not apply to new service
connections made by the District for the provision of service to District facilities or
property.
2. Legal Construction ofRules; Amendments.
a. Neither these Rules, nor their adoption by the Board of Directors (the "Board"),
any amendment or supplement hereto, nor any statements made during meetings or
consultations, shall be construed to obligate the District to approve any new service
connection, to authorize any person or entity to construct improvements to the
District's water or wastewater systems, or to entitle any person to water or
wastewater service. The District shall evaluate each proposed service connection
and request for extension of the District's water and wastewater systems, and may
condition the provision of service on terms and conditions established by the Board,
including the payment of all required fees and charges, and the installation of any
improvements required for the provision of service or to prevent impairment of
service to existing customers of the District.
b. These Rules may be amended and supplemented from time to time by the Board of
Directors regardless of the status of any new request for service.
3. Legal Authority.
These Rules have been adopted pursuant to the authority of Section 54.205 of the Texas
Water Code.
4. Connection Without Approval Prohibited.
It is unlawful and a violation of these Rules for any person or entity to connect to, or to
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improve, modify or extend, the District's water, wastewater or drainage system , as
modified from time to time (the "District System") without submitting an appropriate
application to the District for service, obtaining approval from the District, executing an
appropriate service agreement, and otherwise complying with all terms and conditions of
service, including payment of all applicable fees and charges.
5. Unauthorized Connection.
a. It is a violation of these Rules to use water or receive water and/or wastewater
service from the District System other than through an authorized tap for which a
service agreement has been executed and all connection fees, charges and deposits
have been made.
b. Any unauthorized connection to the District System shall be terminated
immediately at the sole cost and expense of the owner or person responsible for
such unauthorized connection. In the event the District is not able to identify the
person responsible for such connection, or the person deemed responsible fails to
remove the connection in accordance with the District's request, then the District 's
General Manager is hereby authorized to terminate the unauthorized service
connection.
c. It is a violation of these Rules for any person or entity to construct improvements
to, or modify, the District System except pursuant to a written Non-Standard
Service Contract (as defined below).
6. Multiple Connections Prohibited .
a. A water and wastewater connection is for the sole use of the customer that properly
applies for and establishes service and may not be extended to any other property.
b. The extension ofpipe(s) or improvements to transfer or extend water or wastewater
service from an existing meter or otherwise to another person, dwelling, busine ss
or prop erty is prohibited unless approved in advance by the District by written
contract between the parties.
7. Subdivision ofProperty
If any real property with an ex isting service connection is subdivided, any owner of a newly
platted lot who desires water or wastewater service for such lot must obtain a new serv ice
connection for the newly platted property and comply with all applicable requirements for
establishment of a new se rvice connection, including completion of a service agreement ,
payment of any required fees and charges , and construction of improvements. In the event
the provision of service to any platted lot requires the construction of facilities , then the
developer of the subdivision or subsequent owner of the platted lot will be required to enter
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into a Nonstandard Service Contract as a condition of service.
8. Refusal of Service
Service may be denied to any proposed new service connection for any of the following
reasons:
(i) Provision of service to the property is prohibited by federal, state or local
law, including Section 212.012 of the Texas Local Government Code
(which requires certification of compliance with platting requirements).
(ii) The Applicant fails to provide reasonable access to the property to connect
service.
(iii) The Applicant fails to comply with all conditions to new service of the
District.
(iv) The District determines that providing service to the property will exceed
the capacity of any portion of the District System .
(v) The Applicant seeks service from facilities that have not been accepted by
the District for ownership, operation and maintenance.
9. Extension of Service
a . Service Classifications. All new service shall be classified as "Standard Service"
or "Nonstandard Serv ice ", defined as follo w s:
(i) "Standard Service" is service from an existing pipeline where pipeline or
service facility extensions are not required and special design or engineering
considerations are not applicable. Typically, this would include only
standard-sized meter services set on an existing distribution line or
collection line adjacent to the property for which service is requested.
(ii) "Nonstandard Service" is any service that is not Standard Servic e .
b. Nonstandard Service Requests . Applicants for Nonstandard Service shall meet the
following requirements prior to the initiation of service:
(i) Applicant shall provide the District a written requ est for servic e that
specifies the followin g information :
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A. Location and size of property to be served;
B. Detailed map s, plans , and service demand requirements for th e
property prepared by a registered professional engineer; and
C. Any additional information requested by the District related to the
provision of service to the property that is the subject of the
application.
(ii) Payment of all applicable fees and charges, including costs for the District's
legal and engineering consultants to review and evaluate the request and
prepare a Non-Standard Service Contract.
c. Service Availability Letter
Upon receipt of the Non-Standard Service Application and payment of estimated
costs, the District's General Manager or Engineer will investigate the request for
service and determine what improvements to the District System are required to
make service available to the property in accordance with the request, and to
otherwise determine the terms and conditions on which service may be made
available to the property. This information will be set forth in a "Service
Availability Letter". The Service Availability Letter does not constitute a contract
or commitment for the District to provide service, and the District is not obligated
to provide service except in accordance with the Non-Standard Service Contract
entered into by the parties.
d. Non-Standard Service Contracts
(i) All applicants requesting or requiring Non-Standard Service shall enter into
a written contract, prepared by the District and executed by the District and
the owner of the property for which service is sought, defining the terms of
service prior to construction of required service facilities. The Nonstandard
Service Contract shall include, but is not limited to, the following terms and
conditions:
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A. The responsibility for the administration, design, construction,
inspection and testing of facilities required for service. At the
District's election, the District may construct such improvements (at
the applicant's sole cost or expense) or the applicant may be required
to do so;
B. Payment of impact fees, connection fees, and other fees and charges
by the applicant and/or by customers within the property to be
served;
C. Requirements relating to insurance and bonding to ensure that the
applicant completes construction of all facilities for which it is
responsible;
D. Indemnification provlSlons pursuant to which the applicant will
indemnify the District from all claims, damages, costs and lawsuits
relating to the contemplated project or applicant's breach of the
agreement;
E. Dedication of all facilities constructed by the applicant to the
District and the terms and conditions pursuant to which the District
shall assume operation and maintenance responsibility for the
facilities, including the enforcement of warranties;
F. The conveyance by applicant to the District of all easements and
other real property interests determined necessary by the District for
the construction and operation of all facilities required to make
service available to the property and/or easements within the
property required for the District to make service available to other
properties within the District's service territory; and
G. The provision of maintenance bonds, as-built plans, and assignment
of warranties.
(ii) It shall be unlawful and a violation of these Rules for any person to
commence construction of proposed improvements to the District System
except in accordance with a Non-Standard Service Contract executed by the
District and the owner of property for which service is requested.
(iii) Except as otherwise approved by the Board of Directors, the District shall
not accept for ownership, operation or maintenance any facilities that are
not constructed in accordance with a Nonstandard Service Contract.
e. Standard Service Contracts
(i) Any person seeking Standard Service must complete a service application,
pay all applicable fees and charges and otherwise meet all requirements for
Standard Service from the District System.
10. Additional Violations
a. It is a violation of these Rules and state penal laws to use water or receive water
and/or wastewater service from the District System other than through an
authorized tap for which a service agreement has been executed and all connection
fees, charges and deposits have been made.
b. The following actions are violations of these Rules and subject to enforcement
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action:
(i) Tapping into or connecting any pipe with any water or wastewater main,
line or facility owned or operated by the District, or causing or allowing
another person to tap into or connect any pipe with any water or wastewater
main, line or facility owned or operated by the District without the District's
prior written authorization;
(ii) Altering, changing, defacing, damaging, removing, interfering with,
opening, or closing any facility, property or equipment owned or controlled
by the District; and
(iii) Introducing, contributing, causing or allowing any water or wastewater to
enter the District System without prior authorization by the District pursuant
to a Service Agreement or Nonstandard Service Agreement.
11. Enforcement.
a . Any person who violates these Rules shall be subject to the following:
(i) The General Manager shall immediately discontinue water and/or
wastewater service to any and all premises, lands, buildings or structures
that have received water or wastewater service without authorization, and
service shall not be restored until all amounts owed to the District have been
paid and a proper application for service has been received, along with
payment of all required fees and charges.
(ii) In instances where unauthorized service is obtained by removing a locking
or shut-off device used by the District to discontinue service, a civil penalty
of $100 shall be assessed for the first violation. A second violation will
result in a civil penalty of $250, and any subsequent violation will result in
a civil penalty of $500. A valid application for service must be on file with
the District or submitted to the office prior to service reinstatement with
payment of a customer deposit and any other required fees for service.
Additionally, the fee assessed for unauthorized service, any past due
balance and additional usage charges must be paid in full before service can
be reinstated. Any offense(s) beyond the third violation will be referred to
law enforcement and criminal charges will be filed by the District's General
Manager.
(iii) In instances where unauthorized service is obtained where no meter or other
measuring device is installed, the person shall pay a civil penalty of
$500.00. Additionally, law enforcement shall be notified and criminal
charges shall be filed by the District 's Authorized Representative. For each
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subsequent violation, the person shall be subject to a civil penalty of
$1,000.00. Additionally, law enforcement shall be notified and criminal
charges shall be filed by the District's Authorized Representative.
(iv) For any instance where unauthorized service is obtained or an unauthorized
connection is made to the District System, the person(s) responsible for such
service or connection shall also be responsible for payment of any and all
costs of the District, its officers, directors, employees, agents, and/or
attorneys in connection therewith and incurred in enforcing these Rules, for
any damage or injury which may be caused to the District System as a result
of the unauthorized use, and for any fines or other costs incurred by the
District arising out of or related to such unauthorized service or connection
to the District System.
(v) Any person that causes or allows an unauthorized discharge into the District
System shall be subject to a civil penalty in the amount of $500 per
unauthorized discharge event. In addition, such person shall be liable for
any and all costs of the District arising out of related to such unauthorized
discharge, including damage to the District System, personal injury or
property damage incurred by others, and any regulatory fines or penalties
incurred by the District.
(vi) Payment of any fines or sums authorized under this Section shall be made
in full as a condition of receipt of continued service, or as a condition of
restoration of service, as applicable. In his or her sole and absolute
discretion, the General Manager may enter into payment agreements
providing for payment of the civil penalty over time by the customer or
payment of financial assurance to protect the District from any potential
fines or penalties arising out of the violation.
12. Unauthorized Connections or Extension of Facilities.
(i) Except as otherwise approved by the Board of Directors, the District shall
not accept for ownership or operation any facilities or proposed
improvements to the District System that are constructed except in
accordance with a Non-Standard Service Contract approved by the Board
of Directors.
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