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)