CCN.
A certificate of convenience and necessity as that term is
defined by 30 Texas Administrative Code, [section] 291.3(10).
City.
The City of Buda, Texas.
Compensation.
Determined by TCEQ for property that TCEQ determines is rendered
useless or valueless to the decertified entity as authorized by Tex.
Water Code, section 13.254 and TCEQ rules adopted in accordance with
that section.
Expedited release.
An expedited release of land from a CCN in response to a
petition filed with TCEQ pursuant to Tex. Water Code, section 13.254
and TCEQ rules adopted in accordance with that section.
Landowner.
An owner or owners of a tract of land including multiple
owners of a single deeded tract of land as shown on the appraisal
roll of the appraisal district established for the county in which
the property is located, and who has been granted release from a certificate
holder’s service area pursuant to Tex. Water Code, section 13.254
and TCEQ rules adopted in accordance with that section.
TCEQ.
The Texas Commission on Environmental Quality.
(Ordinance 2012-6 adopted 4/17/12)
(a)
If a landowner within the municipal
limits of the city:
(1)
Is subject to a water or wastewater
CCN of a retail public utility other than the city;
(2)
The landowner’s property is
decertified from the certificate holder’s specified geographic
service through expedited release; and
(3)
The landowner seeks service from
the city;
then the amount of compensation awarded
by the TCEQ as a result of the decertification and pursuant to Tex.
Water Code, section 13.254 and TCEQ rules adopted in accordance with
that section is a reasonable cost of serving the landowner, and shall
be borne by the landowner.
(b)
Upon an award of compensation by
TCEQ pursuant to Tex. Water Code, section 13.254 and TCEQ rules adopted
in accordance with that section, the city shall bill the landowner
for the amount of compensation owed to the city. The landowner shall
have thirty (30) days to pay the bill.
(c)
The landowner may not connect to
the city’s water or wastewater system until the landowner has
paid to the city its bill for the amount of compensation awarded by
the TCEQ.
(d)
Failure by the landowner to pay the
compensation awarded will constitute noncompliance with municipal
regulation applicable to the type of service requested, and connection
to the city’s utility system will be refused.
(Ordinance 2012-6 adopted 4/17/12)
Pursuant to Texas Local Government Code, [section] 552.0025 and section
24.02.079 of this code, the compensation due to the city shall be a delinquent cost of providing utility services, and the city may impose a lien on the landowner’s real property, unless the property is a homestead as protected by the state constitution.
(Ordinance 2012-6 adopted 4/17/12)