Town of Double Oak, TX SEWER RATES AND CHARGES

(a)

All persons using or discharging wastewater into the town’s sanitary sewer system shall pay a charge to cover all costs of collection and treatment.

(b)

Any person discharging wastewater into the sanitary sewer system shall comply with the regulations and requirements set forth in this article and the town’s ordinances, as well as any requirements imposed by the Upper Trinity Regional Water District, the Texas Water Commission, the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency, and any other local, state or federal regulatory authority having jurisdiction. Where any such regulations or requirements may conflict, the more stringent requirement shall apply.

(c)

Prior to any discharge into the sanitary sewer system, the user shall:

(1)

Submit an application on a form to be provided by the town;

(2)

Construct and install all on-site sewer service equipment, laterals, devices, lines and appurtenances in accordance with town ordinances and the International Plumbing Code as adopted and amended by the town;

(3)

Submit the applicant’s sewer facilities for inspection by the town; and

(4)

Remit a sewer tap or connection fee.

(d)

Each user of the sewer system will be notified at least annually, in conjunction with a regular sewer bill, of the rate and that portion of user charges that are attributable to the operation and maintenance of the sewer system.

(e)

The town will impose sewer charges to all users based on the actual costs incurred in providing the service to users, which shall include pass-through costs of wastewater treatment charges incurred by the town and capital charges designed to defray costs of administration, maintenance, operation and repair of the system.

(f)

(1)

Sewer Charges.

(A)

The rates as provided for in any fee schedule adopted by the town or as set forth herein are hereby established for the use of sewer services and facilities.

(B)

Wastewater Treatment Rate.

Wastewater treatment rates shall be based on the monthly assessment of charges to the town by the town’s wastewater treatment service provider, plus an additional ten percent (10%) charge for administration, maintenance, operation and repair of the system. The determination of charges to each user is based on the total number of users, each of whom shall remit an equal percentage of capital costs, plus the treatment and transportation charges based on water consumption, plus a ten percent (10%) charge for administration, operation, maintenance and repair, as follows:

(i)

Capital Cost Pass-Through.

Capital costs assessed to the town by the wastewater treatment service wholesaler, which includes joint facilities capital charges, and the town’s facilities capital charges, shall be paid equally, on a pro-rata basis, by each user, whereby the capital costs shall be divided by the total number of users and each shall remit an equal percentage on a monthly basis.

(ii)

Weighted Percentage.

Each user will be assigned a weighted percentage based on the user’s average monthly winter water consumption. The average monthly winter water consumption is derived by adding the user’s water consumption for the preceding months of December, January and February and dividing the total by three. The weighted percentage is then derived by dividing the user’s average monthly winter water consumption by the total average monthly winter water consumption of all users.

(iii)

Monthly Treatment Charge.

The monthly treatment charge and transportation charge to each user is derived by multiplying the user’s weighted percentage to the total monthly treatment and transportation charges to the town. Each user, in addition to the capital cost pass-through, shall remit the appropriate monthly treatment and transportation charge, plus the ten percent (10%) fee for administration, operation, maintenance and repair.

(C)

Users.

The number of users shall be ascertained by the issuance of a certificate of occupancy; each business or entity connected to the system that has been issued a certificate of occupancy shall be deemed a user of the system regardless of whether the business has a separate water meter or shares a water meter with other businesses.

(D)

New Users.

For new users with insufficient prior winter consumption history, the town may use the most recent and available monthly water consumption amounts to calculate the weighted percentage until adequate water consumption data becomes available. The water consumption data of new users will be included in the determination of the average monthly winter water consumption of all users.

(E)

Separate Meters; Alternate Measures.

Data from separate water meters for landscape irrigation systems or other water usage systems that do not discharge wastewater into the sanitary sewer shall not be used to determine average winter monthly water consumption. The town may make reasonable estimates of water consumption and the impact on the sewer system, or may require the user to provide a rendition of estimates, for users that employ water sources other than the public water supply system if the water is ultimately discharged into the sanitary sewer system. If actual sewer discharge data and/or flow rates is available (if, for, example, a user has employed a meter to accurately monitor wastewater discharge), the user may request the town to use this data in lieu of water consumption in determining the user’s weighted percentage.

(F)

Interpretation; Amendment.

The town has exclusive authority to interpret the foregoing rate structure provisions and may revise the rate structure as it deems fair and equitable to all users. Amendments or revisions of the rate structure may be effected by resolution amending the master fee schedule.

(2)

Sewer Tap Fee.

(A)

The fee established for a standard four inch (4") sewer tap within the right-of-way and streets of which the town is responsible for maintenance shall be as provided for in the town’s fee schedule. Fees for larger sewer taps shall be determined by the town based on actual costs. Payment will be required in advance.

(B)

All sewer taps and connections shall be approved by the town.

(3)

Sewer Inspection Fee.

The fee established for sewer inspection prior to sewer usage shall be as provided for in the town’s fee schedule.

(4)

Sewer service shall be delivered pursuant to and only upon a written application signed by the user, providing for a term of not less than six (6) months.

(5)

Payment Due.

All bills shall be due and payable immediately upon the receipt by the user. In the event that a bill shall remain unpaid after the tenth (10th) day of the month in which it was received, an additional late fee shall be charged as provided for in any fee schedule adopted by the town which shall be due and payable together with the bill for sewerage usage. Further, sanitary sewer service shall be subject to termination in accordance with the further terms hereof.

(6)

Termination of Services for Nonpayment.

The town shall have the right to terminate sewer services for nonpayment of any bill, after giving the customer reasonable opportunity to make payment, or to submit an explanation as to why payment has not been made. If a customer fails to submit an explanation to the town after being given a reasonable opportunity which, in the opinion of the town council or its authorized representative, does not justify the nontermination of services, such services shall be immediately terminated until payment of all delinquent bills, together with accrued late charges, and a reconnect charge as provided for in the town’s fee schedule.

(7)

Cessation of Use of Premises Upon Disconnect.

In the event that sewer service is disconnected or discontinued to any premises and the sewer service has not been resumed after the expiration of five (5) days, the use of the premises shall discontinue, the certificate of occupancy for the premises may be revoked, and no person shall use or occupy the building, structure or facility served by the sewer system until such time as the sewer service is reconnected or continued. Any certificate of occupancy or other permit issued by the town authorizing the use of any building or structure shall terminate automatically upon the town’s termination of sewer service.

(8)

Deposit.

The town may require, as a condition to connection to and use of the town’s sewer system, that an applicant submit a deposit to secure payment of sewer charges as the town may deem appropriate.

(Ordinance 15-02 adopted 9/21/15)