Contract - SWWC Utilites - Windermere Utility Compa - 12/4/2014AGREEMENT FOR BILLING SERVICES
THIS AGREEMENT FOR BILLING SERVICES (the "AgLeement') is made and entered into by
and between SWWC UTILITIES, INC. d/b/a WINDERMERE UTILITY COMPANY, a Delaware
corporation ("Windermere") and the CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality
("City"). City and Windermere are herein referred to as the Parties of this Agreement.
RECITALS
A. Windermere, among other things, provides retail wastewater treatment and disposal services to
residents and property owners within its area of Certificate of Convenience and Necessity,
including areas within City's boundaries, as more fully described on Exhibit "A", attached hereto
and incorporated herein by reference ("Billing- Service Area").
B. City provides retail water services to customers located within its boundaries, including the Billing
Service Area, and has administrative and field personnel who will collect water tap fees and other
fees and charges for water service, read customer water meters, and prepare monthly water bills
for City's water customers and, in the event of non-payment, will discontinue water service to
non-paying customers.
C. Windermere has requested, and City is willing to provide, wastewater billing services for
Windermere's retail wastewater customers within the Billing Services Area.
D. Windermere has further requested that City collect certain wastewater fees and charges from
Windermere's customers and remit such payment to Windermere, and City is willing to provide
this service.
E. Windermere has also requested that, pursuant to Texas Water Code §13.250(b)(2) and 30 Texas
Administrative Code, 291.88(e), City agree to disconnect retail water services to any Windermere
customer within the Billing Services Area who has not paid that customer's retail wastewater
service charges, upon written request from Windermere.
F. City is willing to provide these requested services on the terms and conditions set forth in this
Agreement.
G. Each Party represents and warrants to the other Party that the following are true, accurate and
complete as of the Effective Date:
(1) The Party has full right and authority to enter into this Agreement and to consummate the
transaction described in this Agreement;
(2) This Agreement constitutes the valid and legally binding obligations of the Party and is
enforceable against the Party in accordance with its terms;
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Billing Agreement- sls clean- 11 04 14 (00314942xA08F8).docx
(3) Neither the execution or delivery of this Agreement nor the performance of each Party's
obligations under this Agreement violates, or will violate, any contract or agreement to
which each Party is a parry or by which each Party is otherwise bound.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I.
SERVICES AND COMPENSATION
1.1 City will perform the following services during the term of this Agreement:
a) District Application Forms and Fees. City will (i) provide each retail wastewater customer
within the Billing Services Area with the Windermere application form and customer
service agreement attached as Exhibits "B" and "C", respectively (the "WINDERMERE
Applications"), and (ii) collect, on behalf of Windermere, the executed Windermere
Applications and Windermere's wastewater tap and inspection fees, security deposits, and
any other pre -connection fees specified by Windermere.
b) Retail Wastewater Billing.
(i) Billing. City will:
1) Record all water meter readings and calculate monthly bills. All charges
shall be calculated at Windermere's wastewater rates and billing procedures as they may
be amended from time to time. Windemere's current wastewater rates are specified on the
Company's tariff attached as Exhibit "D". Windermere agree to amend rates no more than
once annually, to limit annual increases to be equal to the annual percentage increase in the
Consumer Price Index for All Urban Consumers for the South Region as published by the
Bureau of Labor Statistics, and to provide City with an updated tariff reflecting the updated
rates. Windermere shall notify the City of any change in its wastewater rates or billing
policies at least sixty (60) days prior to the date that the amended rates go into effect.
2) Prepare and mail bills. Windermere agrees to pay the City $3.00 per month
for each Windermere customer to compensate the City for postage, handling, and
administrative responsibilities related to the services provided herein. The City agrees to
add the $3.00 to each customer's monthly bill which, when received by the City, will be
credited against Windermere's obligation.
3) At least annually, include a notice complying with Section 182.052 of the
Texas Utilities Code (Confidentiality of Customer Information) in Windermere's
customer's bills.
4) At least annually, include a notice or bill message to customers notifying
them of Windermere's customer service number and procedures for reporting service
problems.
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(ii) Collection. City will:
1) Deposit Windermere utility payments and other revenues received into an
appropriate account monthly.
2) City may make adjustments of less than $100 to customers' sewer bills as
necessary due to clerical errors, meter malfunctions, and meter reading errors; however, all
such adjustments must be reported to Windermere on a monthly basis and adjustments in
excess of $100 must be approved, in advance, by Windermere.
3) Collect tap, inspection, and
accordance with the Windermere's tariff,
Windermere account monthly.
other fees from Windermere customers, in
and deposit these fees in the appropriate
1.2 Billing Reports. City will provide Windermere with the following monthly reports within thirty
(30) days after the end of each month via fax or electronic mail:
a) A report showing all new wastewater connections made or new wastewater service at an
existing water connection initiated during the prior calendar month, including the date and
the customer name and service address. The report will also confirm that Windermere
Applications were received for each new connection or new service, and the amount of the
related fees payable to Windermere that were collected and remitted to Windemere.
b) A report reflecting the water meter reading for each wastewater customer within the
Billing Services Area during the prior billing period by customer name and service
address.
1.3 Payments. City will remit any Windermere fees collected by City on behalf of Windermere under
this Agreement to Windermere within thirty (30) days of receipt of such payments. The City may
deduct any amounts owed to it by Windermere from the payment made to Windermere but first
Windermere must approve such amounts.
1.4 Disconnection Services. City will disconnect water service to a retail water customer within the
Billing Services Area for non-payment of a wastewater bill if. a) the Windermere provides City
with a copy of the written notification to the customer stating that, in compliance with the
Windermere's tariff, the customer has not paid his wastewater bill and that water and wastewater
service will be terminated within ten days if the bill is not paid; and b) ten days have passed from
the date of the written notification.
1.5 Excluded Services. All services not specifically identified in Sections 1.1 through 1.4 of this
Agreement are excluded from this Agreement. City is not responsible for enforcement of
Windemere's tariff, verifying whether a customer has paid for wastewater services other than
those connection and tap -related fees, monthly charges, and deposits specified in Section 1.1, or
for pursuing any efforts for the collection of wastewater payments; rather City's responsibilities
are limited to the services specifically set out in this Agreement.
1.6 Compensation. As compensation for the performance of the services described in Sections 1.1- 1.4
of this Agreement, Windermere will pay City $3.00 per month for each customer receiving a bill
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within the Billing Services Area for services provided in Section 1.1. As stated in 1.1 above, City
will add this amount to the customers' bills, but Windermere is obligated to pay the City whether
or not the customer pays the additional fee.
1.7 Additional Services and Charges. If Windemere requests additional services not included in this
Agreement, the Parties must agree in advance by amendment on the terms of and payment for
such services.
1.8 Payment and Billing Terms. City will invoice Windermere for all payments required under this
Agreement. Windermere agrees to make the required payments to City by check or bank wire on
or before the due date specified on the invoice or if no due date is specified, on or before 45 days
from the date of the invoice. Payments must be mailed to the address indicated on the invoice, or
can be hand -delivered to City's headquarters in City, Texas, upon prior arrangement or wired to
City pursuant to separate arrangement. If payments will be made by bank wire, Windermere must
verify wiring instructions with City's Finance Department. Payment must be received at City's
headquarters or bank by the due date in order not to be considered past due or late. In the event
payment is not received by the due date then Windermere will have the opportunity to cure the
breach in accordance with Article IIIc) and if such breach is not cured then the Windermere must
pay a one-time late payment charge of five percent of the unpaid balance of the invoice.
1.9 Receivables. In its billing reports the City will provide Windermere with an accounting of
uncollected and past due amounts (i.e. aged receivables) resulting from customer move -outs or
unresolved disputes. All such charges will remain the property of Windermere and Windermere
retains the right to pursue collection of the charges through its approved and legal processes.
1.10 Insurance; Audits. Windermere reserves the right to obtain a fidelity bond or insurance, including
commercial crime insurance, to protect Windermere's interests under this Agreement. In addition,
Windermere reserves the right to audit, or hire an independent third party to audit, the records,
internal controls and processes of City with regards to the provision of services described in
Section 1.1 above. The cost of any such bond, insurance or audit shall be borne by Windermere.
ARTICLE II.
MISCELLANEOUS TERMS AND CONDITIONS OF THE AGREEMENT
2.1 Term and Termination.
a) Term. The term of this Agreement will begin on the Effective Date and shall continue
therefrom for a period of one (1) year ("Initial Term").
b) Extensions. After the Initial Term, this Agreement will continue from month to month until
either City or Windermere gives written notice to the other of its desire to amend or
terminate this Agreement.
C) Termination for Cause. Either party (the "Terminating Party") may terminate this
Agreement for a material breach or for failure to perform to the standards set forth in this
Agreement (a "Default") by the other party (the "Defaulting arty"), provided that the
Terminating Party first gives written notice of such breach or failure to perform to the
Defaulting Party and extends that party 60 calendar days from the date of the notice to cure
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the breach or correct the failure (a "Cure") if the Defaulting Party fails to cure the default
to the satisfaction of the Terminating Party, in the Terminating Party's sole and absolute
discretion, the Agreement will terminate at the end of the 60 day cure period. The
foregoing notwithstanding, in the event of gross negligence or fraud in the performance of
City's duties, Windermere may terminate this Agreement by delivery of written notice to
City, and the termination will be effective immediately upon delivery of such notice. In the
event of termination, Windermere will compensate City pursuant to this Agreement up to
the date of termination (pro rated for less than a full month, if necessary) and will pay any
unpaid expenses due to City pursuant to this Agreement so long as Windermere deems
such services satisfactory up until the termination date.
d) Termination Without Cause. Anything in this Agreement to the contrary notwithstanding,
this Agreement may be terminated by either party by delivery of at least 30 days' written
notice to the other party. In the event of termination, Windermere will compensate City
pursuant to this Agreement up to the date of termination (pro rated for less than a full
month, if necessary) and will pay any unpaid expenses due to City pursuant to this
Agreement so long as Windermere deems such services satisfactory up until the
termination date.
e) Return of Windermere PropertX. Upon termination of this Agreement, for any reason, City
agrees to immediately turn over all Windermere records, funds, and other property to
Windermere's designated representative.
2.2 Assignment. This Agreement is binding upon and inures to the benefit of the Parties, their
successors and assigns. Except for a sale of all or substantially all of the assets of either party, a
merger, acquisition or transfer of 50% or more of the stock of either party, this Agreement may
not be assigned by either Parry without prior written approval by the other Party, which consent
shall not be unreasonably withheld, delayed or denied.
2.3 No Oral Modification. This Agreement may not be modified or amended, except by an agreement
in writing signed by the authorized representatives of both Parties.
2.4 No Oral Waiver. The Parties may waive any of the conditions contained herein or any of the
obligations of the other party hereunder, but any such waiver will be effective only if in writing
and signed by the authorized representative of the party waiving such conditions or obligations.
2.5 Total Agreement. This Agreement constitutes the entire agreement among the parties pertaining to
the subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the parties in connection therewith. No representation, warranty, covenant,
agreement or condition not expressed in this Agreement will be binding upon the parties hereto or
will affect or be effective to interpret, change or restrict the provisions of this Agreement.
2.6 Partial Invalidity. If any clause or provision of this Agreement is or should ever be held to be
illegal, invalid, or unenforceable under any present or future law applicable to the terms hereof,
then and in that event, it is the intention of the parties hereto that the remainder of this Agreement
will not be affected thereby, and that in lieu of each such clause or provision of this Agreement
that is illegal, invalid, or unenforceable, there be added as part of this Agreement a clause or
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provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may
be possible and be legal, valid, and enforceable such that the intention of the parties is effected as
closely as is possible.
2.7 Counterpart Execution. To facilitate execution, this Agreement may be executed in as many
counterparts as may be convenient or required. It is not necessary that the signature of all persons
required to bind any party appear on each counterpart. All counterparts will collectively constitute
a single instrument.
2.8 Holidays. If the date upon which any duty or obligation must be performed occurs on a Saturday,
Sunday or legal holiday, then the due date for performance of that duty or obligation will be
automatically extended to the next succeeding business day.
2.9 Effective Date. The Effective Date of this Agreement is the date of execution set forth below.
2.10 Governing Law and Forum. This agreement will be construed under and in accordance with the
law of the State of Texas. Venue shall lie in Williamson County, Texas for any and all litigation.
2.11 Authorized Representatives and Addresses. Any deliveries made or notices required under this
Agreement will be effective on the date of delivery if forwarded to a Party by hand -delivery to the
address of the Party indicated below. Written notices given under this Agreement will be effective
on the date of actual receipt if. (i) forwarded to a Party by hand -delivery to the address of the Party
indicated below; (ii) transmitted to a Party by confirmed electronic communication to the address
of the Parry indicated below; or, (iii) deposited with the U.S. Postal Service, postage prepaid, to
the address of the Party indicated below. The authorized representatives on the date of execution
of this Agreement include the individuals listed below. Either Party may notify the other Party of
changes in address or authorized representatives by written notice given in accordance with this
Agreement.
Windermere: Windermere Utility Company
Attn: Chuck Profilet
12535 Reed Road
Sugar Land, Texas 77478
Phone: (281) 207-5931
Email Address: cprofilet@swwc.com
City: City of Round Rock
221 E. Main St.
Round Rock, Texas 78664
Attn: Michael Thane
Telephone: (512) 218-3236
Email Address: mthane(c�roundrocktexas.gov
G
Executed to be effective this _� day of I)UV �y-, 2014.
CITY OF ROUND ROCK, TEXAS
By:
— am ,,
Alan McGraw, Mayor
SWWC UTILITIES, INC. d/b/a WINDERMERE
UTILITY COMPANY
By: C I Gtl Y /1
Charles W. Profilet Jr., P.E.,�Vice President
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EXHIBIT "A"
Billing Service Area
EXHIBIT A
Description of the Property (subdivision plat or metes and bounds)
BEING an 84.538 acre lot, tract or parcel of land situated in the M. Hunt Survey Abstract No. 314 and the
William Barker Survey, Abstract No. 107, Williamson County, Texas, and the William Barker Survey
Abstract No, 109, Travis County, Texas, and being a portion of that certain tract of land conveyed to
Villages at Warner Ranch PUD, LP by deed recorded in Clerks file number 199965664 of the deed
records of Williamson County, Texas and being more particularly described by metes and bounds as
follows;
BEGINNING at a 5/8" iron rod found at the southeast corner of Warner Ranch PUD, LP tract, said iron
rod being on the north line of that certain called 5.372 acre tract of land conveyed to IL KOOK KIM and
recorded under Clerks file number 199947127, Deed Records, Williamson County, Texas, said point also
being on the west line of Cambridge Heights, Phase A, Section 3, recorded under Film Code No.
200048531;
THENCE North 61 degrees 01 minutes 00 seconds West along the north line of said KIM tract, passing
the northwest corner of said KIM tract and the northeast corner of that certain tract of land conveyed to
I.E. SHAHVANDI, recorded in Volume 2304, Page 345, Deed Records Williamson County, Texas,
continuing along the common line between said I.E. SHA14VANDI tract and said Warner Ranch PUD,
LP tract in all a distance of 1126.60 feet to a 1/2 inch iron rod found at the northwest corner of said I.E.
SHAHVANDI tract;
THENCE South 28 degrees 57 minutes 34 seconds West a distance of 410.39 feet along the west line of
said I.E. SHAHVANDI tract to the north line of Correction Plat Meadows at Cambridge Heights, Phase
1-A, Section 3, according to the Plat recorded in Cabinet X, Slide 276, Plat Records, Williamson County,
Texas, from which a 1/2 inch iron rod found bears North 47 degrees East a distance of 0.7 feet;
THENCE North 61 degrees 32 minutes 51 seconds West a distance of 125.63 feet along the north line of
said Correction Plat Meadows at Cambridge Heights to a 1/2 inch iron rod found bears North 75 degrees
West a distance of 0.5 feet;
THENCE North 60 degrees 51 minutes 46 seconds West a distance of 1046.17 feet continuing along the
north line of said correction Plat, passing the easterly line of Warner Ranch Drive continuing and passing
the westerly line of Warner Ranch Drive and continuing to a 60-D nail found on the east line of
Remington Heights, Phase II, Section B, according to the Plat recorded in Cabinet 0, Slide 392, Plat
Records, Williamson County, said 60-d nail being on the east terminus line of Breaux Drive (50' wide
right-of-way) for the southwest corner of said Warner Ranch PUD LP tract;
THENCE North 29 degrees 01 minutes 17 seconds East a distance of 1789.25 feet along the east line of
Remington Heights, Phase 11, Section B, according to the plat recorded in Cabinet 0, Slide 392, the east
line of Remington Heights, Phase I, Section B, according to the plat recorded in Cabinet 0, Slide 18, and
a east line of Remington Heights, Phase 1, Section A, according to the plat recorded in Cabinet N, Slide
238, Plat Records, Williamson County, Texas passing the south line of THIBODEAUX LANE (50' right-
of-way) and continuing passing the north line of THIBODEAUX LANE to a 1/2 inch iron rod with a
plastic cap marked "1st AMER 4053785800" set on the south line of Lot 2, Block A, Warner Ranch
Phase 1-A, according to the plat recorded in Cabinet S, Slide 25-28, Plat Records, Williamson County,
Texas;
Exhibit A
AGREEMENT FOR BILLING SERVICES Page 1 City of Round Rock
THENCE along the south line of said Lot 2, Block A the following 4 courses and distances;
1. North 86 degrees 35 minutes 03 seconds East a distance of 50.96 feet to a 5/8 inch
iron rod found;
2. South 69 degrees 36 minutes 42 seconds East a distance of 111.06 feet to a 5/8 inch
iron rod found;
3. South 20 degrees 23 minutes 17 seconds West a distance of 130.00 feet to a 5/8 inch
iron rod found;
4. South 69 degrees 36 minutes 42 seconds east a distance of 113.36 feet to a 5/8 inch
iron rod found at the beginning of a curve to the left having a radius of 30.00 feet;
5. THENCE along the are of said curve to the left through a central angle of 96 degrees
54 minutes 43 seconds, a length of 50.74 feet and whose chord bears North 61 degrees 55
minutes 56 seconds East a chord distance of 44.91 feet to a 5/8 inch iron rod found on the west
line of Warner Ranch Drive (variable width right-of-way) and being in a curve to the right having
a radius of 580 feet;
THENCE along the are of said curve to the right and the west line of Warner Ranch Drive through a
central angle of 07 degrees 38 minutes 01 seconds, a length of 77.28 feet and whose chord bears South 17
degrees 17 minutes 35 seconds West a chord distance of 77.22 to a 5/8 inch iron rod found for the
southwest Terminus corner of Warner Ranch Drive according to the plat recorded in Cabinet 5, Slides 25
thru 28, Plat Records, Williamson County, Texas;
THENCE South 68 degrees 53 minutes 32 seconds East a distance of 74.93 feet along the south Terminus
line of said Warner Ranch Drive to a 5/8 inch iron rod found for the southeast Terminus corner of Warner
Ranch Drive, said iron rod also being the southwest corner of Lot 2, Block D, Warner Ranch, Phase 1-A;
THENCE South 64 degrees 55 minutes 00 seconds East a distance of 1299.62 feet along the south line of
said Lot 2, Block D, to the west line of a called 50 foot Access Easement (Glen Drive) according to the
plat recorded in Cabinet S, Slides 25-28, Plat Records, Williamson County, Texas, from which a 1/2 inch
iron rod found bears South 03° West a distance of 0.3 feet;
THENCE North 28 degrees 57 minutes 59 seconds East a distance of 670.05 feet along the west line of
said 50' Access Easement (Glen Drive) to a 1/2 inch iron rod found at the southeast corner of that certain
tract of land conveyed to Tommy D. Arnold by deed recorded in Volume 686, Page 241, Deed Records,
Williamson County, Texas;
THENCE South 61 degrees 02 minutes 00 seconds East a distance of 25.00 feet to a 1/2 inch iron rod
found in the approximate center of a gravel road, said iron rod being on the west line of that certain tract
of land conveyed to L.C. Schwartz by deed recorded in Volume 659, Page 405, Deed Records,
Williamson County, Texas;
THENCE South 28 degrees 57 minutes 59 seconds West a distance of 109.36 feet along the west line of
said Schwartz tract to a 1/2" inch iron rod with a plastic cap marked "1st AMER 4053785800" set;
THENCE South 60 degrees 57 minutes 32 seconds East a distance of 574.66 feet along the south line of
said Schwartz tract to a 112" inch iron rod with a plastic cap marked "1st AMER 4053785800" set on the
west line of that certain tract of land conveyed to SOVRAN ACQUISITION by deed recorded in Clerks
file number 200462343 of Official Public Records, Williamson County, Texas;
THENCE South 28 degrees 55 minutes 34 seconds West a distance of 386.14 feet to a 1/2 inch iron rod
found for the northeast comer of that certain tract of land conveyed to James Burrows by deed recorded
in Clerks file number Volume 715, Page 929, of the Deed Records, Williamson County, Texas;
Exhibit A
AGREEMENT FOR BILLING SERVICES Page 2 City of Round Rock
THENCE North 61 degrees 03 minutes 39 seconds West a distance of 574.93 feet along the north line of
said Burrows tract to a 1/2 inch iron rod found in the approximate center of a 50 foot wide Access
Easement (Glen Drive);
THENCE South 28 degrees 57 minutes 59 seconds West a distance of 386.77 feet along said Access
Easement and the west line of said Burrows tract to a 1/2 inch iron rod found bears South 51 degrees
West a distance of 0.4 feet, for the southwest corner of said But -rows tract;
THENCE South 61 degrees 02 minutes 35 seconds East a distance of 575.00 feet along the south line of
said Burrows tract to a 1/2 inch iron rod with a plastic cap marked "1st AMER 4053785800" set on the
west line of the aforementioned SOVRAN ACQUISITION tract, said iron rod also being the southeast
corner of the Burrows tract;
THENCE South 28 degrees 53 minutes 56 seconds West a distance of 1160.57 feet along the west line of
the SOVRAN ACQUISITION tract and a west line of aforesaid Cambridge Heights, Phase A, Section 4,
according to Film Code No. 2000068829, the west line of Cambridge Heights, Phase A, Section 3,
according to Film Code No. 2000048531 to the POINT OF BEGINNING and containing 84.538 acres of
land, more or less.
Exhibit A
AGREEMENT FOR BILLING SERVICES Page 3 City of Round Rock
EXHIBIT "B"
Windermere Application
SWWC Utilities, Inc. Appendix B Page 1 of 1
Return Signed Application to:
SWWC Mail: 12535 Reed Rd, Sugar Land, TX 77478
Utilities, Inc. Email:
(832) 209-5395 Phone: (866) 654-7992
Email: turn on@swwc.com
A SouthWest Water Company (We must receive second pate with signature)
THIS APPLICATION MUST BE COMPLETED, SIGNED AND RETURNED TO SWWC UTILITIES, INC. BEFORE
SERVICE CAN BE ESTABLISHED. A TRANSFER FEE IN THE AMOUNT OF $45 MAY BE ASSESSED IF APPLICABLE.
SWWC Utilities, INC.
d.b.a
Diamond Water Company, Hornsby Bend Utility Company, Inc., Huntington Utility
Company, Inc., Inverness Utility Company, Inc., Mid -Tex Utilities, Inc., SW Utility Company, Water Services,
Inc., and Windermere Utility Company, Inc.
CONTRACT/APPLICATION FOR UTILITY SERVICE
Name of Applicant*: Authorized User:
*This is the person or other entity in whose name service will be rendered and who will responsible of all service and other bills.
Are you ❑Buying or ❑Renting? (provide valid Lease Agreement) Purchase Settlement/ Lease Date: _/_/_
SSN Last 4 Digits: Driver's License: Date of Birth:-/-/
Date to Begin Service (MM/DD/YY): / / Is the water currently on? ❑Yes ❑ No
Type of service Water ❑, Sewer ❑, or Both ❑ Residential ❑, Commercial ❑, Industrial ❑, or Developer ❑
Service Address:
City: State:
Zip Code:
Lot: Block: Section:
Mailing Address if different then above:
City: State:
Zip Code:
Water Emergency Contact Preference (please check one): Home Phone: ❑ Cell Phone: ❑ Text: ❑ E-mail: ❑
Telephone(s): Home: ( ) Day: ( ) Cell: ( )
Email address:
Have you ever been an SWWC Utilities, Inc. customer? ❑ Yes❑ No
Previous Address:
(Street, City, State, Zip)
EXHIBIT "C"
Windermere Customer Service Agreement
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SWWC Utilities, Inc. Appendix C Page 1 of 2
All utility services to be provided hereunder shall be subject to all terms and conditions of Utility's state -approved tariff(s),
Public Utility Commission of Texas ("PUCT") and the rules of the Texas Commission on Environmental Quality ("TCEQ"). This
Contract/Application for Utility Service ("Contract/Application") is by and between SWWC Utilities, Inc., a Texas corporation,
("Utility") and the applicant ("Customer" or "Applicant") whose name and signature is shown below at the end of this
document.
Deposit: If a residential service applicant does not establish credit to the satisfaction of the utility, the residential service
applicant may be required to pay a deposit of $50 for water service and $50 for sewer service. No deposit may be required of
a residential service applicant who is 65 years of age or older if the applicant does not have a delinquent account balance with
the utility or another water or sewer utility. Applicant must provide valid proof of age.
CUSTOMER LIABILITY: Customer shall be liable for any damage or injury to Utility -owned property or personnel by the
customer or others under his control. Customer agrees to take no action to create a health or safety hazard or otherwise
endanger, injure, damage or threaten Utility's plant, its personnel, or its customers.
LIMITATION ON UTILITY'S PRODUCT/SERVICE LIABILITY: Public water utilities are required to deliver water to the
customer's side of the meter or service connection which meets the potability and pressure standards of the TCEQ. Utility will
not accept liability for any injury or damage occurring on the customer's side of the meter. Utility will not accept liability for
injuries or damages to persons or property due to disruption of water service caused by: (1) acts of God, (2) acts of third parties
not subject to the control of Utility, (3) electrical power failures, or (4) termination of water service pursuant to Utility's tariff,
TCEQ and PUCT rules.
FIRE PROTECTION: Utility is not required by law and does not provide fire prevention or fire fighting services. Utility therefore
does not accept liability for fire -related injuries or damages to persons or property caused or aggravated by the availability (or
lack thereof) of water or water pressure (or lack thereof) during fire emergencies.
PLUMBING CODE: Utility has adopted the Uniform Plumbing Code. Utility has further adopted its own specific plumbing rules
contained in its tariff. Any extensions and/or new facilities shall comply with that code and all standards established by the
TCEQ. Where conflicts arise, the more stringent standard must be followed. The piping and other equipment on the premises
furnished by the Customer will be maintained by the Customer at all times in conformity with the requirements of the applicable
regulatory authorities and all tariffed service rules of Utility. No other water service will be used by the Customer on the same
property in conjunction with Utility's service, either by means of a cross-over valve or any other connection. Customer shall
not connect, or allow any other person or party to connect, onto any water lines on his premises.
The following undesirable plumbing practices are prohibited by state regulations. Other prohibitions are found in the Uniform
Plumbing Code and/or Utility's tariff.
A. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential
sources of contamination shall be isolated from the public drinking water system by an air -gap only.
B. No cross -connection between the public drinking water supply and a private water system is permitted. These potential
threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap only.
C. No connection that allows water to return to the public drinking water supply is permitted.
D. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any
connection that provides water for human use.
E. No solder or flux that contains more than 0.2% lead can be used for the installation or repair of plumbing of any connection
that provides water for human use.
RIGHT OF ACCESS AND EASEMENTS: Utility will have the right of access and use of the Customer's premises at all reasonable
times for the purpose of installing, inspecting or repairing water mains or other equipment used in connection with its provision
of water service, or for the purpose of removing its property and disconnecting lines, and for all other purposes necessary to
the operation of Utility's system. If the property to be served does not have dedicated, recorded public utility easements
available for Utility's use in providing water utility service to the property, the Applicant (or the Applicant's landlord in the case
of a tenant applicant) shall be required to provide Utility with a recorded permanent easement as a condition of service. Such
easement shall be in a location acceptable to Utility and shall be for a corridor no less than fifteen (15) feet in width.
LANDLORD GUARANTEE: Applications by tenants must be countersigned by the fee owner of the property. By signing the
application, the landlord grants all required rights of access and easements.
PLUMBING INSPECTION: Applicants for service at new consuming facilities or facilities which have undergone extensive
plumbing modifications, including remodeling, are required to deliver to the Utility a certificate that their facilities have been
inspected by a state -licensed inspector and that they are in compliance with all applicable plumbing codes and are free of
potential hazards to public health and safety. Service may be denied until the certificate is received or any identified violations
or hazards are remedied. When potential sources of contamination are identified that require the installation of a backflow
prevention device, such backflow flow prevention device shall be installed, tested and maintained at the customer's expense.
SEWER REGULATIONS: (only if sewer service provided) The Utility only provides "sewage" collection and disposal service to
the public. This service is limited to the collection, treatment and disposal of waterborne human waste and waste from domestic
activities such as washing, bathing, and food preparation. This service does not include the collection, treatment or disposal of
waste of such hiah BOD or TSS characteristics that it cannot reasonably be processed by the Utility's state -approved wastewater
SWWC Utilities, Inc. Appendix C Page 2 of 2
treatment plant within the parameters of the Utility's wastewater discharge permit. THIS SERVICE DOES NOT INCLUDE THE
COLLECTION AND DISPOSAL OF STORM WATERS OR RUN OFF WATERS, WHICH MAY NOT BE DIVERTED INTO OR
DRAINED INTO THE UTILITY'S COLLECTION SYSTEM. NO GREASE, OIL, SOLVENT, PAINT, OR OTHER TOXIC
CHEMICAL COMPOUND MAY BE DIVERTED INTO OR DRAINED INTO THE UTILITY'S COLLECTION SYSTEM. It shall
be the customer's responsibility to maintain the service line and appurtenances in good operating condition, i.e., clear of
obstruction, defects, or blockage. If there is excessive, infiltration or inflow or failure to provide proper pretreatment, the Utility
may require the customer to repair the line or eliminate the infiltration or inflow or take such actions necessary to correct the
problem.
RESIDENTIAL SINGLE FAMILY GRINDER / SEWAGE STATIONS: (only if sewer service provided) The utility will install the
grinder pumps, storage tanks, controls and other appurtenances necessary to provide pressurized sewer service to a residential
connection. The customer will have ownership of all utility -installed grinder pumps, receiving tanks, lift stations or controls on
the customer's property, and all maintenance, repairs and replacement are the customer's responsibility. The repairs may be
performed by anyone selected by the customer, who is competent to perform such repairs. The utility requires that parts and
equipment meet the minimum standards approved by the TCEQ, to insure proper and efficient operation of the sewer system.
CUSTOMER AGREEMENT: By signing this application for public utility service, I agree to comply with Utility's rules and tariff
and all rules and regulations of applicable regulatory agencies. I guarantee prompt payment of all utility bills for the service
address printed above. I will remain responsible for utility bills until the day service is terminated at my request. I agree to
take no action to create a health hazard or otherwise endanger, injure, damage or threaten Utility's plant, its personnel, or its
customers. I agree to put no unsafe, non-domestic service demands on Utility's system without notice to and permission from
Utility.
Signature: Date: / / Reference Number:
EXHIBIT "D"
Wastewater Service Rates
11
EXHIBIT "D"
Wastewater Service Rates
SEWER UTILITY TARIFF
For
SWWC Utilities, Inc. d/b/a
Windermere Utility Company, Inc.
12535 Reed Road, Sugar Land, Texas 77478
Business: (281) 207-5800 Customer Service: (866) 454-2334
This tariff is effective for utility operations under the following Certificate(s) of
Convenience and Necessity:
20542
This tariff is effective in the following county(ies):
Williamson
This tariff is effective in the following cities or unincorporated towns (if any): Round Rock
This tariff is effective in the following subdivisions or systems: See list on page 2
This tariff is effective for the following wastewater system number(s): See list on page 2
TABLE OF CONTENTS
The above utility lists the following sections of its tariff (if additional pages are needed
for a section, all pages should be numbered consecutively):
PAGE
SECTION 1.0 RATE SCHEDULE
1
SECTION 2.0 SERVICE RULES
4
SECTION 2.16 SPECIFIC UTILITY SERVICE RULES AND REGULATIONS
9
SECTION 3.0 EXTENSION POLICY
14
SECTION 3.07 SPECIFIC UTILITY EXTENSION POLICY
17
APPENDIX A CONTRACT/APPLICATION FOR UTILITY SERVICE
List of Affected Systems or Subdivisions
COUNTY
WASTEWATER SYSTEM
WQ PERMIT
SUBDIVISIONS
NUMBER
Travis
Windermere
11931-001
Somerville
Williamson
Wastewater Treatment
Warner Ranch
Facility
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 1 of 20
SECTION 1.0—RATE SCHEDULE
Section 1.01 – Rates
Rates Effective , 2014
Meter Size Monthly Minimum Charge
Includes 0gallons)
Gallonage Charge
(per 1,000gallons)
5/8" $32.20
All gallons $5.64
3/4" $32.20
1" $80.50
11/2" $161.00
2" $257.60
3" $483.00
4" $805.00
6" $1,610.00
8" $2,576.00
Residential sewer service will be billed year round using that service connection's average
winter water consumption during December, January, and February. Single family residential
service connections without an historic winter average will have an imputed average of 5,000
gallons until they have established an average. Multi -family residential service connections
without an historic winter average will have an imputed average of 5,000 gallons per residential
unit until they have established an average.
Non-residential service connections will be billed on actual monthly water consumption without
the use of winter averaging.
BILLING AND COLLECTION FEE $3.00
PER MONTH PER CUSTOMER TO COMPENSATE THE CITY FOR POSTAGE, HANDLING, AND ADMINISTRATIVE
RESPONSIBILITIES RELATED TO BILLING SERVICES
REGULATORY ASSESSMENT 1.0%
A REGULATORY ASSESSMENT, EQUAL TO ONE PERCENT OF THE CHARGE FOR RETAIL SEWER
SERVICE ONLY, SHALL BE COLLECTED FROM EACH RETAIL CUSTOMER
FORM OF PAYMENT: THE UTILITY WILL ACCEPT THE FOLLOWING FORM(S) OF PAYMENT:
Check x, Money Order x, MasterCard x, Visa x, and Electronic Fund Transfer x
AT THE CUSTOMER'S OPTION, ANY BILLING TRANSACTION OR COMMUNICATION MAY BE PERFORMED ON
THE INTERNET. THIS INCLUDES THE UTILITY SENDING PAPERLESS BILLS BY EMAIL.
Section 1.02 – Miscellaneous Fees
TAP FEE (gravity sewer, street or easement installation) $350.00
FOR STANDARD RESIDENTIAL SERVICE CONNECTIONS
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 2 of 20
SECTION 1.0 — RATE SCHEDULE (continued)
LARGE METER TAP FEE Actual cost
TAP FEE IS THE UTILITY'S ACTUAL COST FOR MATERIALS AN DLABOR FOR TAP SIZE INSTALLED
TAP FEE (unique costs) Actual Cost
FOR EXAMPLE, A ROAD BORE FOR CUSTOMERS OUTSIDE OF SUBDIVISIONS OR RESIDENTIAL AREAS.
ACCOUNT SET UP FEE $25.00
FEE TO SET UP ACCOUNT FOR NEW CUSTOMER APPLYING FOR SEWER SERVICE ONLY.
RECONNECTION FEE
THE RECONNECT FEE WILL BE CHARGED BEFORE SERVICE CAN BE RESTORED TO A CUSTOMER WHO
HAS BEEN DISCONNECTED FOR THE FOLLOWING REASONS:
a) Nonpayment of bill
b) Customer's request
OR OTHER REASONS LISTED UNDER SECTION 2.0 OF THIS TARIFF
$25.00
$35.00
SEASONAL RECONNECTION FEE
BASE RATE TIMES NUMBER OF MONTHS OFF THE SYSTEM NOT TO EXCEED SIX MONTHS WHEN LEAVE AND
RETURN WITHIN A TWELVE MONTH PERIOD.
TRANSFER FEE $00.00
THE TRANSFER FEE WILL BE CHARGED FOR CHANGING AN ACCOUNT NAME AT THE SAME SERVICE
LOCATION WHEN THE SERVICE IS NOT DISCONNECTED
LATE CHARGE 10% of the delinquent bill
A ONE-TIME PENALTY MAY BE MADE ON DELINQUENT BILLS BUT MAY NOT BE APPLIED TO ANY
BALANCE TO WHICH THE PENALTY WAS APPLIED IN A PREVIOUS BILLING.
RETURNED CHECK CHARGE $25.00
CUSTOMER DEPOSIT — RESIDENTIAL $50.00
CUSTOMER DEPOSIT — NON-RESIDENTIAL 1/6th est. annual bill
SERVICE RELOCATION FEE Actual cost to relocate that connection
THIS FEE MAY BE CHARGED IF A CUSTOMER REQUESTS RELOCATION OF AN EXISTING SERVICE
CONNECTION
LINE EXTENSION AND CONSTRUCTION CHARGES:
Refer to Section 2.12 Specific Utility Service Rules and Section 3.02 Specific Utility Extension
Policy for terms, conditions, and charges.
GOVERNMENTAL TESTING, INSPECTION AND COSTS SURCHARGE CLAUSE:
Increases in inspection fees and water testing costs imposed by state or federal law may be
passed through as an adjustment to the monthly base rate charge under the terms and
conditions of 16 TAC 24.21(k)(2) after notice to customers and upon written approval by the
PUC
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 3 of 20
SECTION 1.0 — RATE SCHEDULE (continued)
DAMAGE OR SERVICE DIVERSION PENALTY:
One time penalty per occurrence for tampering with or damaging a sewer service connection
or any appurtenance thereto including pumps or service diversion of one hundred dollars
($100.00). Additional charges may be made for all labor, material, equipment, and all
other actual costs necessary to repair or replace all equipment damaged due to
negligence, unauthorized discharges, discharges of non-standard or toxic wastes, or
service diversion. The utility may charge for all actual costs necessary to correct service
diversion or unauthorized taps where there is no equipment damage, including incidents where
service is reconnected without authority. An itemized bill of such charges can be provided to
the customer.
FRANCHISE FEE PASS THROUGH CLAUSE:
Charges a municipality makes for use of streets and alleys pursuant to Tax Code §182.025 or
other applicable state law shall be passed through as an adjustment to the sewer gallonage
charge according to the following formula:
AG = G + B, where
AG = adjusted gallonage charge, rounded to the nearest one cent:
G = approved gallonage charge (per 1,000 gallons); and
B = projected franchise fees payable (per 1,000 gallons).
PURCHASED SEWER PASS THROUGH CLAUSE:
Changes in fees imposed by any non-affiliated third party wholesale sewer service provider
shall be passed through as an adjustment to the sewer gallonage charge according to the
following formula:
AG = G + B
AG = adjusted gallonage charge, rounded to the nearest one cent:
G = approved gallonage charge (per 1,000 gallons); and
B = change in purchased sewer service gallonage charge (per 1,000
gallons).
SWWC Utilities, Inc. dba Windermere Utility Company, Inc.
Sewer Tariff Page 4 of 20
SECTION 2.0 --SERVICE RULES AND REGULATIONS
The Utility will have the most current Public Utility Commission of Texas ("PUC" or
"Commission") Rules, 16 TAC Chapter 24, Substantive Rules Applicable to Water and Sewer
Service Providers, available at its office for reference purposes. The Rules and this tariff shall
be available for public inspection and reproduction at a reasonable cost. The latest Rules or
Commission approved changes to the Rules supersede any rules or requirements in this tariff.
Section 2.01 --Application for and Provision of Sewer Service
All applications for service will be made on the Utility's standard application or contract form
(attached in the Appendix to this tariff) and will be signed by the applicant before sewer service
is provided by the Utility. A separate application or contract will be made for each service at
each separate location.
Section 2.02 --Refusal of Service
The Utility may decline to serve an applicant until the applicant has complied with the
regulations of the regulatory agencies (state and municipal regulations) and for the reasons
outlined in the PUC Rules. In the event that the Utility refuses to serve an applicant, the Utility
will inform the applicant in writing of the basis of its refusal. The Utility is also required to
inform the applicant that a complaint may be filed with the Commission.
Section 2.03—Fees and Charges and Easements Required Before Service Can be Connected
(A) Customer Deposits
If an applicant cannot establish credit to the satisfaction of the Utility, the applicant will be
required to pay a deposit as provided for in Section 1.02 of this tariff. The Utility will keep
records of the deposit and credit interest in accordance with PUC Rules.
Residential applicants 65 years of age or older may not be required to pay deposits unless the
applicant has an outstanding account balance with the Utility or another water or sewer utility
which accrued within the last two years.
Refund of deposit - If service is not connected, or after disconnection of service, the Utility will
promptly refund the customer's deposit plus accrued interest or the balance, if any, in excess
of the unpaid bills for service furnished. The Utility may refund the deposit at any time prior to
termination of utility service but must refund the deposit plus interest for any residential
customer who has paid 18 consecutive billings without being delinquent. Deposits from non-
residential customers may be held as long as that customer takes service.
(B) Tap or Reconnect Fees
A new customer requesting service at a location where service has not previously been
provided must pay a tap fee as provided in Section 1.02. A customer requesting service where
service has previously been provided must pay a reconnect fee as provided in Section 1.02.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 5 of 20
SECTION 2.0 — SERVICE RULES AND REGULATIONS (continued)
Any applicant or existing customer required to pay for any costs not specifically set forth in the
rate schedule pages of this tariff shall be given a written explanation of such costs prior to
request for payment and/or commencement of construction. If the applicant or existing
customer does not believe that these costs are reasonable or necessary, the applicant or
existing customer shall be informed of their right to appeal such costs to the commission or
such other regulatory authority having jurisdiction over the utility's rates in that portion of the
utility's service area in which the applicant's or existing customer's property (ies) is located.
Fees in addition to the regular tap fee may be charged to cover unique costs not normally
incurred as permitted by P.U.C. SUBST. R. 24.86(a)(1)(C) if they are listed on this approved
tariff. For example, a road bore for customers outside a subdivision or residential area could be
considered a unique cost.
(C) Easement Requirement
Where recorded public utility easements on the service applicant's property do not exist or
public road right-of-way easements are not available to access the applicant's property, the
utility may require the applicant to provide it with a permanent recorded public utility easement
on and across the applicant's real property sufficient to provide service to that applicant. Such
easement(s) shall not be used for the construction of production, storage, transmission or
pressure facilities unless they are needed for adequate service to that applicant
Section 2.04 - Utility Response to Applications for Service
After the applicant has met all the requirements, conditions and regulations for service, the
utility will furnish and install, for the purpose of connecting its collection system to the service
applicant's service line, the service pipe from its main to a point on the customer's property..
The utility will serve each qualified applicant for service within 5 working days unless line
extensions or new facilities are required. If construction is required to fill the order and if it
cannot be completed within 30 days, the utility will provide the applicant with a written
explanation of the construction required and an expected date of service.
Except for good cause where service has previously been provided, service will be
reconnected within one working day after the applicant has met the requirements for
reconnection.
Section 2.05 - Customer Resgonsibilit
The customer shall be responsible for furnishing and laying the necessary customer service
line from the utility's line to the residence.
Section 2.06 - Back Flow Prevention Devices
No water connection shall be made to any establishment where an actual or potential
contamination or system hazard exists without an approved air gap or mechanical backflow
prevention assembly. The air gap or backflow prevention assembly shall be installed in
accordance with the American Water Works Association (AWWA) standards C510, C511 and
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 6 of 20
SECTION 2.0 — SERVICE RULES AND REGULATIONS (continued)
AWWA Manual M14 or the University Of Southern California Manual Of Cross -Connection
Control, current edition. The backflow assembly installation by a licensed plumber shall occur
at the customer's expense.
The back flow assembly shall be tested upon installation by a recognized prevention assembly
tester and certified to be operating within specifications. Back flow prevention assemblies
which are installed to provide protection against high health hazards must be tested and
certified to be operating within specifications at least annually by a recognized back flow
prevention device tester. The maintenance and testing of the back flow assembly shall occur at
the customer's expense.
Section 2.07 --Meter Requirements, Readings, and Testing
It is not a requirement that the Utility use meters to measure the quantity of sewage disposed
of by individual customers. One connection is required for each residential, commercial, or
industrial facility in accordance with the PUC Rules.
Section 2.08 --Billing
(A) Regular Billin
Bills from the Utility will be mailed monthly unless otherwise authorized by the Commission.
The due date of the bills for utility service will be at least sixteen (16) days from the date of
issuance. If the customer is a state agency, the due date for the bill may not be less than 30
days after issuance unless otherwise agreed to by the agency. The postmark on the bill or, if
there is no postmark on the bill, the recorded date of mailing by the Utility will constitute proof
of the date of issuance.
If electronic billing is available the customer may elect to receive their monthly billing in
electronic form by email. The date of the email will constitute the date of issuance.
Payment for utility service is delinquent if full payment, including late fees and the regulatory
assessment, is not received at the Utility or the Utility's authorized payment agency by 5:00
p.m. on the due date. If the due date falls on a holiday or weekend, the due date for payment
purposes will be the next workday after the due date.
(B) Late Fees
A late penalty of 10% of the delinquent bill will be charged on bills received after the due date.
The penalty on delinquent bills will not be applied to any balance to which the penalty was
applied in a previous billing. The Utility must maintain a record of the date of mailing to charge
the late penalty.
(C) Information on Bill
Each bill will provide all information required by the PUC Rules. For each of the systems it
operates, the Utility will maintain and note on the monthly billing a telephone number (or
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 7 of 20
SECTION 2.0 — SERVICE RULES AND REGULATIONS (continued)
numbers) which may be reached by a local or toll-free telephone number (or numbers) to
which customers can direct questions about their utility service..
(D) Prorated Bills
If service is interrupted or seriously impaired for 24 consecutive hours or more, the utility will
prorate the monthly base bill in proportion to the time service was not available to reflect this
loss of service.
Section 2.09—Pavments
All payments for utility service shall be delivered through one of the Utility's designated
payment options or mailed to the Utility's business office. If the business office fails to receive
payment prior to the time of noticed disconnection for non-payment of a delinquent account,
service will be terminated as scheduled. Utility service crews shall not be allowed to collect
payments on customer accounts in the field.
Payment of an account by any means that has been dishonored and returned by the payor or
payee's bank, shall be deemed to be delinquent. All returned payments must be redeemed
with a valid money order. If a customer has two returned payments within a twelve month
period, the customer shall be required to pay a deposit if one has not already been paid.
Section 2.10 --Service Disconnection
(A) With Notice
Utility service may be disconnected if the bill has not been paid in full by the date listed on the
termination notice. The termination date must be at least 10 days after the notice is mailed or
hand delivered.
The Utility is encouraged to offer a deferred payment plan to a customer who cannot pay an
outstanding bill in full and is willing to pay the balance in reasonable installments. However, a
customer's utility service may be disconnected if a bill has not been paid or a deferred payment
agreement has not been entered into within 30 days from the date of issuance of a bill and if
proper notice of termination has been given.
Notice of termination must be a separate mailing or hand delivery in accordance with the PUC
Rules.
(B) Without Notice
Utility service may also be disconnected without notice for reasons as described in the PUC
Rules.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 8 of 20
SECTION 2.0 — SERVICE RULES AND REGULATIONS (continued)
Section 2.11 --Reconnection of Service
Utility personnel must be available to collect payments and to reconnect service on the day of
and the day after any disconnection of service unless service was disconnected at the
customer's request or due to a hazardous condition.
Service will be reconnected within 36 hours after the past due bill and any other outstanding
charges are paid or correction of the conditions that caused service to be disconnected.
Section 2.12 --Service Interruptions
The Utility will make all reasonable efforts to prevent interruptions of service. If interruptions
occur, the Utility will re-establish service within the shortest possible time. Except for
momentary interruptions due to automatic equipment operations, the Utility will keep a
complete record of all interruptions, both emergency and scheduled and will notify the
Commission in writing of any service interruptions affecting the entire system or any major
division of the system lasting more than four hours. The notice will explain the cause of the
interruptions.
Section 2.13 --Quality of Service
The Utility will plan, furnish, and maintain and operate a treatment and collection facility of
sufficient size and capacity to provide a continuous and adequate service for all reasonable
consumer uses and to treat sewage and discharge the effluent at the quality required by its
discharge permit issued by the Commission. Unless otherwise authorized by the Commission,
the Utility will maintain facilities as described in the PUC Rules.
Section 2.14 --Customer Complaints and Disputes
If a customer or applicant for service lodges a complaint, the Utility will promptly make a
suitable investigation and advise the complainant of the results. Service will not be
disconnected pending completion of the investigation. If the complainant is dissatisfied with
the Utility's response, the Utility must advise the complainant that he has recourse through the
PUC complaint process. Pending resolution of a complaint, the Commission may require
continuation or restoration of service.
The Utility will maintain a record of all complaints which shows the name and address of the
complainant, the date and nature of the complaint and the adjustment or disposition thereof,
for a period of two years after the final settlement of the complaint.
In the event of a dispute between a customer and the Utility regarding any bill for utility service,
the Utility will conduct an investigation and report the results to the customer. If the dispute is
not resolved, the Utility will inform the customer that a complaint may be filed with the
Commission.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 9 of 20
SECTION 2.0 — SERVICE RULES AND REGULATIONS (continued)
Section 2.15 --Customer Liability
Customer shall be liable for any damage or injury to utility -owned property or personnel shown
to be caused by the customer, his invitees, his agents, his employees, or others directly under
his control.
Section 2.16 --Specific Utility Service Rules and Regulations
This section contains specific utility service rules in addition to the rules previously listed under
Section 2.0. It must be reviewed and approved by the Commission and in compliance with the
PUC Rules to be effective.
All references in Utility's tariff, service contracts, or PUC Rules shall mean the Utility's offices
at 12535 Reed Road, Sugar Land, TX 77478. Customers may apply for service, and report
service problems at the office. Use of the term "business office" shall refer to this office.
Copies of the Utility's state and federal waste water discharge permits shall be available for
public inspection and copying in the Utility's business office during normal business hours.
Section 2.16.01 --Limitation on Product/Service Liability
The Utility will not accept liability for any injury or damage to individuals or their property
occurring on the customer's premises. The Utility makes no representations or warranties
(expressed or implied) that customer's appliances will not be damaged by disruptions of or
fluctuations in sewer service whatever the cause. The Utility will not accept liability for injuries
or damages to persons or property due to disruption of sewer service caused by: (1) acts of
God, (2) acts of third parties not subject to the control of the utility if the utility has undertaken
such preventive measures as are required by PUC rules, (3) electrical power failures in sewer
systems not required by Texas Commission on Environmental Quality (TCEQ) rule to have
auxiliary power supplies, or (4) termination of sewer service pursuant to the Utility's tariff and
the PUC's Rules.
Section 2.16.02—Non-Standard Service Applicants
If the services of a registered professional engineer are required as a result of an application
for service received by the Utility for service to that applicant's service extension only, such
engineer will be selected by the Utility and the applicant, and the applicant shall bear all
expenses incurred therein.
If an applicant requires service other than the standard service provided by the Utility, such
applicant will be required to pay all expenses incurred by the Utility in excess of the expenses
that would be incurred in providing the standard service and connection. Any applicant who
places unique or non-standard service demands on the system may be required to provide
contributions in aid of construction (as may be allowed by PUC rule) for the actual costs of any
additional facilities required to maintain compliance with the TCEQ minimum design criteria for
sewer collection, treatment, pumping and discharge.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 10 of 20
Section 2.16 — Specific Service Rules and Regulations (continued)
Any applicant or existing customer required to pay for any costs not specifically set forth in the
rate schedule pages of this tariff shall be entitled to a written explanation of such costs prior to
payment and/or commencement of construction. If the applicant or existing customer does
not believe that these costs are reasonable or necessary, the applicant, or existing customer
shall have the right to appeal such costs to the PUC or such other regulatory authority having
jurisdiction over the Utility's rates in that portion of the Utility's service area in which the
applicant's or existing customer's property(ies) is located.
Tap fees may be increased by unique costs not normally incurred as may be permitted by 16
TAC 24.86(b)(1)(C).
The Utility adopts the Uniform Plumbing Code pursuant to TCEQ Rule 290.46(1). The piping
and other equipment on the premises furnished by the customer will be maintained by the
customer at all times in conformity with the requirements of the TCEQ and PUC, the Uniform
Plumbing Code and with the service rules and regulations of the Utility. The customer will
bring out his service line to his property line at the point on the customer's property mutually
acceptable to the customer and the Utility subject to such requirements as may exist by PUC
rule.
Section 2.16.03—Riaht of Access
The Utility will have the right of access to the customer's premises at all times reasonable for
the purpose of installing, testing, inspecting or repairing sewer mains or other equipment used
in connection with its provision of sewer service, or for the purpose of removing its property
and disconnecting lines, and for all other purposes necessary to the operation of the Utility
system including inspecting the customer's plumbing for code, plumbing or tariff violations.
The customer shall allow the Utility and its personnel access to the customer's property to
conduct any tests or inspections required by law. Unless necessary to respond to equipment
failure, leak or other condition creating an immediate threat to public health and safety or the
continued provision of adequate utility service to others, such entry upon the customer's
property shall be during normal business hours. The customer may require any Utility
representative, employee, contractor, or agent seeking to make such entry to identify
themselves, their affiliation with the Utility, and the purpose of their entry.
Threats to or assaults upon utility personnel shall result in criminal prosecution.
Section 2.16.04—Exclusivity of Service /Ownership of Facilities
Except in cases where the customer has a contract with the Utility for reserve or auxiliary
service, no other sewer service will be used by the customer on the same installation in
conjunction with the Utility's service, either by means of a cross-over valve or any other
connection. Customer shall not connect, or allow any other person or party to connect, onto
any sewer lines on his premises. Except in urban residential areas where one lateral for dual
services is typically installed, two places shall not be permitted to be supplied with one service
pipe where there is a sewer main abutting the premises.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 11 of 20
Section 2.16 — Specific Service Rules and Regulations (continued)
No application, agreement, or contract for service may be assigned or transferred without the
written consent of the Utility.
It is agreed and understood that any and all sewer lines and other equipment furnished by the
Utility (excepting the customer's individual service lines from the point of connection to
customer's structures on customer's premises) are and shall remain the sole property of the
Utility, and nothing contained herein or in a contract/application for service shall be construed
to reflect a sale or transfer of any such lines or equipment to any customer. All tap and
extension charges shall be for the privilege of connecting to said sewer lines and for
installation, not purchase, of said lines.
Notwithstanding anything else in this tariff to the contrary, customers requiring pressurized
service shall be responsible for owning, maintaining, repairing and providing electricity to all
grinder pumps, storage tanks, controls and other appurtenances necessary to connect them to
the Utility's collection line.
Section 2.16.05—Disposal Limitations
Service applicants may be required to comply with any pre -condition to receiving service not
printed herein as may exist under PUC rule (customer service, health and safety or
environmental), USEPA rule, TCEQ rule, local regulatory district rule or health department rule.
Existing customers shall be required to comply with such rules, including modification of their
plumbing and/or consumption patterns, after notice.
The disposal into the Utility's sewer collection system of bulk quantities of food or food scraps
not previously processed by a grinder or similar garbage disposal unit and grease and oils,
except as incidental waste in process or wash water, used in or resulting from food preparation
by sewer utility customers engaged in the preparation and/or processing of food for other than
domestic consumption for sale to the public shall be prohibited. Specifically included in this
prohibition are grease and oils from grease traps to other grease and/or oil storage containers.
These substances are defined as "garbage" under Section 361.003 (12) of the Solid Waste
Disposal Act, Texas Health and Safety Code, and are not "sewage" as defined by Section
26.001(7) of the Texas Water Code.
The Utility only provides "sewage" collection and disposal service to the public. This service is
limited to the collection, treatment and disposal of waterborne human waste and waste from
domestic or commercial activities such as washing, bathing, and food preparation. This
service does not include the collection, treatment or disposal of waste of such high BOD or
TSS characteristics that it cannot reasonably be processed by the Utility's state -approved
waste water treatment plant within the parameters of the Utility's state and federal waste water
discharge permits.
Domestic sewage means wastewater, when analyzed, indicates that the concentration of
Biochemical Oxygen Demand (BODS) does not exceed 200 milligram per liter (mg/L), Total
Suspended Solids (TSS) does not exceed 200 mg/L and Chemical Oxygen Demand (COD)
does not exceed 450 mg/L. Commercial/Industrial sewage means waste which, when
analyzed, exceeds the concentrations of BODS, TSS and COD as stated in the prior
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 12 of 20
Section 2.16 — Specific Service Rules and Regulations (continued)
paragraph. Any sewage other than domestic sewage will require pretreatment which may be
waived, such waiver or non/waiver will be determined by the Utility at its sole discretion.
This service does not include the collection and disposal of storm waters or run off waters,
which may not be diverted into or drained into the Utility's collection system.
Section 2.16.06—Pretreatment for Non -Standard Service
Any pretreatment required shall be at the sole cost and expense of the Applicant.
Pretreatment means the processes and actions taken that result in the reduction of the amount
of pollutants, the elimination of pollutants, or the alteration of the nature of the properties of
pollutants in the sewage prior to introducing such pollutants into the Utility's sewage system.
Sole costs and expenses are to be paid by Applicant for any pretreatment facilities and/or
processes. The pretreatment requirements shall be such requirements that may be required
by the Rules for Commercial Wastewater Pretreatment as promulgated by the Texas
Commission on Environmental Quality ("TCEQ"), the City of Round Rock and City of Austin,
and any State and Federal laws, rules or regulations that may be adopted from time to time by
the Utility. Applicant agrees to be responsible and liable for and agrees to pay for any costs of
operation, maintenance, repair, compliance and fines and penalties that result from any
misuse and/or any failure of any pretreatment facilities on any pretreatment facilities installed
by Applicant and/or installed upon the Land. Applicant agrees to acknowledge receipt of the
documentation for all pretreatment requirements. When used in this Agreement, the terms
sewage and wastewater have the same meaning.
Section 2.16.07—Illegal Discharges to System, Service Diversion, Equipment Damage
Pursuant to PUC Rule 24.87(n), the Utility may charge for all labor, material, equipment, and
other costs necessary to repair to replace all equipment damaged due to service diversion or
the discharge of wastes which the system cannot properly treat. This shall include all repair
and clean-up costs associated with discharges of grease and oils, except as incidental waste
in process or wash water, used in or resulting from food preparation by sewer utility customers
engaged in the preparation and/or processing of food for other than domestic consumption or
for sale to the public discharged from grease traps or other grease and/or oil storage
containers. Specifically, the Utility may charge for all costs incurred due to damages
and service diversions due to malfunctioning, improperly maintained, or inadequately
designed or installed grease traps.
The Utility may charge for all costs necessary to correct service diversion or unauthorized taps
where there is no equipment damage, including incidents where service is reconnected without
authority. The Utility may charge an additional penalty for Tampering as approved in Section
1.01 in addition to the actual costs in remediation of damages and restoration of facilities...
Pursuant to PUC Rule 24.86(b)(3)(A) and (B), the customer's service line and appurtenances
shall be construed in accordance with the laws and regulations of the State of Texas, local
plumbing codes, or, in the absence of such local codes, the Uniform Plumbing Code. It shall
be the customer's responsibility to maintain the service line and appurtenances in good
operating condition, i.e., clear of obstruction, defects, or blockage. If the Utility can provide
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 13 of 20
Section 2.16 — Specific Service Rules and Regulations (continued)
evidence of excessive infiltration or inflow or failure to provide proper pretreatment, the Utility
may, with the written approval of the PUC, require the customer to repair the line or eliminate
the infiltration or inflow or take such actions necessary to correct the problem. If the customer
fails to correct the problem within a reasonable time, the Utility may disconnect service after
proper notice.
Non-residential customers requiring pretreatment for sewage with non-standard characteristics
may be charged those costs set forth in the Utility's extension policy if such pretreatment fails
or otherwise causes the Utility's facilities to violate their wastewater discharge permits.
Section 2.16.08—On-Site Pressurized Grinder/Sewage Stations
All grinder pumps, storage tanks, controls, and other appurtenances necessary to provide
pressurized sewer service shall conform to the Utility's specifications.
The Utility will install the grinder pumps, storage tanks, controls and other appurtenances
necessary to provide pressurized sewer service to a residential connection. The customer will
have ownership of all Utility -installed grinder pumps, receiving tanks, lift stations or controls on
the customer's property, and all maintenance, repairs, replacement, and electric bills are the
customer's responsibility. The repairs may be performed by anyone selected by the customer,
who is competent to perform such repairs. The Utility requires that parts and equipment meet
the minimum standards approved by the TCEQ, to insure proper and efficient operation of the
sewer system.
The customer will have the option to install the grinder pumps, storage tanks, controls, and
other appurtenances necessary to provide pressurized sewer service to a multi -family or
commercial service connection. Prior to the installation of a grinder/sewage station, the Utility
must be given a complete listing of all materials and equipment that will be used, along with
the storage for that development.
In order to minimize inflow and infiltration into the collection system, the installation and
materials must comply with standard specifications approved by the TCEQ.
After the Utility has approved the proposed grinder/sewage station, the construction may
begin. Once the work has been completed, the Utility will do an inspection of the
grinder/sewage station to ensure the complete installation was as specified.
Before approval for the installation and use of an existing receiving tank or lift station that is
being used as an interceptor tank for primary treatment, wastewater storage or pump tanks
prior to discharge into an alternative or conventional sewage system must be cleaned,
inspected, repaired, modified, or replaced if necessary to minimize inflow and infiltration into
the collection system.
Existing pumps and tanks must be of adequate size to insure proper pumpage in the event of
high flow or if one pump is out of service. If the existing pumps and receiving tanks or lift
stations are of inadequate size the Utility will not accept liability for backups due to: high flows,
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 14 of 20
Section 2.16 — Specific Service Rules and Regulations (continued)
one pump out of service, rainfall causing inflow or infiltration, power outages, lack of proper
storage capacity, etc.
Regardless of who performs the initial installation, the customer shall hold title to and the
responsibility to maintain and repair all equipment necessary to connect that service location to
the Utility's pressurized collection line. The customer shall be shall be responsible for the
monthly electric bill.
If the collection system that discharges into the receiving tank / lift station has an inflow or
infiltration problem and collects rainfall discharge, the owner will correct it within 90 days of
written notice from the Utility. If no action is taken to correct the problem within 90 days, the
Utility may take the responsibility to make corrections at the owner's or P.O.A.'s expense. The
Utility is not responsible for the collection system that discharges into the receiving tank / lift
station.
An adequate easement must encompass the receiving tank / lift station by a 15 foot radius and
also a 15 foot access easement to the receiving tank / lift station site. If this easement does
not exist, one must be created and filed of record.
SECTION 3.0 --EXTENSION POLICY
Section 3.01 --Standard Extension Reauirements
LINE EXTENSION AND CONSTRUCTION CHARGES. No contribution in aid of construction
may be required of any customer except as provided for in this approved extension policy.
The utility is not required to extend service to any applicant outside of its certificated service
area and will only do so under terms and conditions mutually agreeable to the utility and the
applicant, in compliance with commission rules and policies, and upon extension of the utility's
certificated service area boundaries by the commission.
The applicant for service will be given an itemized statement of the costs, options such as
rebates to the customer, sharing of construction costs between the Utility and the customer, or
sharing of costs between the customer and other applicants prior to beginning construction.
Section 3.02—Costs Utilities and Service Applicants Shall Bear
Within its certified area, the Utility will pay the cost of the first 200 feet of any sewer collection
line necessary to extend service to an individual residential customer within a platted
subdivision.
However, if the residential customer requesting service purchased the property after the
developer was notified of the need to provide facilities to the utility, the utility may charge for
the first 200 feet. The utility must also be able to document that the developer of the
subdivision refused to provide facilities compatible with the Utility's facilities in accordance with
the Utility's approved extension policy after receiving a written request from the Utility.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 15 of 20
SECTION 3.0 — EXTENSION POLICY (continued)
Residential customers not covered under Section 3.01 will be charged the equivalent of the
costs of extending service to their property from the nearest collection line even if that line
does not have adequate capacity to serve the customer. However, if the customer places
unique, non-standard service demands upon the system, the customer may be charged the full
cost of extending service to and throughout their property, including the cost of all necessary
treatment capacity necessary to meet the service demands anticipated to be created by that
property.
Exceptions may be granted by the TCEQ Executive Director if:
(1) adequate service cannot be provided to the applicant using the maximum line sizes listed
due to distance or elevation, in which case, it shall be the Utility's burden to justify that a larger
diameter pipe is required for adequate service;
(2) larger minimum line sizes are required under subdivision platting requirements or
applicable building codes.
If an exception is granted, the Utility shall establish a proportional cost plan for the specific
extension or a rebate plan which may be limited to seven years to return the portion of the
applicant's costs for oversizing as new customers are added to ensure that future applicants
for service on the line pay at least as much as the initial service applicant.
For purposes of determining the costs that service applicants shall pay, commercial customers
with service demands greater than residential customer demands in the certificated area,
industrial, and wholesale customers shall be treated as developers.
If an applicant requires service other than the standard service provided by the utility, such
applicant will be required to pay all expenses incurred by the utility in excess of the expenses
that would be incurred in providing the standard service and connection beyond 200 feet and
throughout his property including the cost of all necessary transmission facilities.
The Utility will bear the full cost of any oversizing of collection mains necessary to serve other
customers in the immediate area. The individual residential customer shall not be charged for
any additional treatment capacity or facilities. Contributions in aid of construction may not be
required of individual residential customers for treatment capacity or collection facilities unless
otherwise approved by the Commission under this specific extension policy.
Section 3.03—Contributions in Aid of Construction
Developers will be required to provide contributions in aid of construction in amounts sufficient
to furnish the development with all facilities necessary to provide for reasonable local demand
requirements and to comply with TCEQ's minimum design criteria for facilities used in
collecting, treating, transmitting, and discharging of wastewater effluent. For purposes of this
subsection, a developer is one who subdivides or requests more than two connections on a
piece of property. Commercial, industrial, and wholesale customers will be treated as
developers.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 16 of 20
SECTION 3.0 — EXTENSION POLICY (continued)
Any applicant who places unique or non-standard service demands on the system may be
required to provide contributions in aid of construction for the actual costs of any additional
facilities required to maintain compliance with the Texas Commission on Environmental Quality
minimum design criteria for collecting, treating, transmitting, and discharging of wastewater
effluent.
Section 3.04 - Aoaealina Connection Costs
The imposition of additional extension costs or charges as provided by Sections 3.0 -
Extension Policy of this tariff shall be subject to appeal as provided in this tariff, commission
rules, or the rules of such other regulatory authority as may have jurisdiction over the utility's
rates and services. Any applicant required to pay for any costs not specifically set forth in the
rate schedule pages of this tariff shall be given a written explanation of such costs prior to
payment and/or commencement of construction. If the applicant does not believe that these
costs are reasonable or necessary, the applicant shall be informed of the right to appeal such
costs to the commission or such other regulatory authority having jurisdiction over the utility's
rates in that portion of the utility's service area in which the applicant's property(ies) is located.
Section 3.05 - Applying for Service
The utility will provide a written service application form to the applicant for each request for
service received by the utility's business offices. A separate application shall be required for
each potential service location if more than one service connection is desired by any individual
applicant. Service application forms will be available at the utility's business office during
normal weekday business hours. Service applications will be sent electronically or by prepaid
first class United States mail to the address provided by the applicant upon request. Applicants
for service should contact a customer service representative in case there are questions which
might delay fulfilling the service request. Completed service applications may be submitted
electronically or by mail
Where a new tap or service connection is required, the service applicant shall be required to
submit a written service application and request that a tap be made. A diagram, map, plat, or
written metes and bounds description of precisely where the applicant desires each tap or
service connection is to be made.. The actual point of connection must be readily accessible to
utility personnel for inspection and servicing while being reasonably secure from damage by
vehicles and mowers. If the utility has more than one main adjacent to the service applicant's
property, the tap or service connection will be made to the utility's nearest service main with
adequate capacity to service the applicant's full potential service demand. Beyond the initial
200 feet, the customer shall bear only the equivalent cost of extending from the nearest main.
If the tap or service connection cannot be made at the applicant's desired location, it will be
made at another location mutually acceptable to the applicant and the utility. If no agreement
on location can be made, the applicant may refer the matter to the commission for resolution.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 17 of 20
SECTION 3.0 — EXTENSION POLICY (continued)
Section 3.06 - Qualified Service Applicant
A "qualified service applicant" is an applicant who has: (1) met all of the utility's requirements
for service contained in this tariff, commission rules and/or order, (2) has made payment or
made arrangement for payment of tap fees, (3) has provided all easements and rights-of-way
required to provide service to the requested location, (4) delivered an executed customer
service inspection certificate to the Utility, if applicable, and (5) has executed a customer
service application for each location to which service is being requested.
The utility shall serve each qualified service applicant within its certified service area as soon
as practical after receiving a completed service application. All service requests will be fulfilled
within the time limits prescribed by commission rules once the applicant has met all conditions
precedent to achieving "qualified service applicant" status. If a service request cannot be
fulfilled within the required period, the applicant shall be notified in writing of the delay, its
cause and the anticipated date that service will be available. The commission service dates
shall not become applicable until the service applicant has met all conditions precedent to
becoming a qualified service applicant as defined by commission rules.
Section 3.07 — Specific Utilitv Extension Polic
This section contains the Utility's specific extension policy which complies with the
requirements already stated under Section 3.01. It must be reviewed and approved by the
Commission and in compliance with PUC Rules to be effective.
Non-residential customers generating sewage creating unique or non-standard treatment
demands which might reasonably be expected to cause the Utility's treatment facilities to
operate outside their current wastewater discharge permit parameters may be charged the
cost of all studies, engineering plans, permit costs, and collection treatment or discharge
facilities construction or modification costs necessary to enable the Utility to treat said sewage
within permit limits acceptable to the TCEQ, EPA, and other regulatory agencies. In the
alternative, the customer may have the option of pre -treating said sewage in such a manner
that it may not reasonably be expected to cause the Utility's facilities to operate outside their
permit parameters. In such cases, the customer shall be required to pay the Utility's costs of
evaluating such pretreatment processes and cost of obtaining regulatory approval of such
pretreatment processes. In the event of the pretreatment facilities of a customer making this
election fail and cause the Utility's facilities to operate outside their permit parameters, the
customer shall indemnify the Utility for all costs incurred for clean ups or environmental
remediation and all fines, penalties, and costs imposed by regulatory or judicial enforcement
actions relating to such permit violations.
Non-residential sewer customers producing waterborne waste significantly different from waste
generated by residential customers may be required to provide a suitable sampling point at the
property line for testing the customer's waste for chemicals or substances, e.g., grease, oils,
solvents, pesticides, etc., which can reasonably be believed to have an injurious effect on the
Utility's plant and/or its ability to treat and dispose of such wastes within the parameters of the
Utility's permit. Utility shall have reasonable access to the sampling point at all times.
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 18 of 20
Section 3.07 — Specific Utility Extension Policy (continued)
Any service extension to a subdivision (recorded or unrecorded) may be subject to the
provisions and restrictions of 16 TAC 24.86(d) and this tariff. When a developer wishes to
extend the system to prepare to service multiple new connections, the charge shall be the cost
of such extension, plus a pro -rata charge based upon the capacities of collection,
transmission, storage, treatment and discharge facilities, compliant with the TCEQ minimum
design criteria, which must be committed to such extension. As provided by 16 TAC
24.86(d)(4), for purposes of this section, commercial, industrial, and wholesale customers shall
be treated as developers.
The Utility shall require a developer (as defined by TCEQ rule) to provide permanent recorded
public utility easements as a condition of service to any location within the developer's
property. The Developer shall be required to obtain all necessary easements and rights-of-
way required to extend the Utility's existing service facilities from their nearest point with
adequate service capacity (as prescribed by TCEQ rules and local service conditions) to and
throughout the Developer's property. The easements shall be sufficient to allow the
construction, installation, repair, maintenance, testing, and replacement of any and all Utility
plant necessary to provide continuous and adequate service to each and every potential
service location within the property at full occupancy. Unless otherwise restricted by law,
sewage treatment, holding tank sites, lift station sites shall convey with all permanent
easements and buffers required by TCEQ rules. Unless otherwise agreed to by the Utility,
pipe line right-of-way easements must be at least 15 feet wide to allow adequate room to
facilitate backhoe and other heavy equipment operation and meters. Easements must be
provided for all storage, treatment, pressurization and disposal sites which are sufficient to
construct and maintain all weather roads as prescribed by TCEQ rules. All easements shall be
evidenced, at Developer's expense, by recorded county -approved subdivision plat or by
specific assignment supported by metes and bounds survey from a surveyor licensed by the
State of Texas.
Prior to the extension of utility service to developers (as defined by PUC rules) or new
subdivisions, the Developer shall comply with the following:
(a) The Developer shall make a written request for service to property that is
to be subdivided and developed. The Developer shall submit to the Utility a
proposed plat on a scale of one inch (1") to two hundred feet (200') for review
and determination of required easements, utility plant, and plant location. If
sewer service is requested, the plat must contain elevation data. A reconcilable
deposit in an amount set by the Utility may be required to cover preliminary
engineering, legal, and copy cost to be incurred by the Utility in reviewing and
planning to meet this service request. The plat and/or accompanying information
shall identify the type, location, and number of houses and other planned
structures that will be requiring utility service. If other than residential structures
are to be located on the property, all other types of anticipated businesses and
their service demands shall be identified with specificity. All areas requiring
special irrigation and/or other unique water demands must be identified. To the
extent reasonably possible, this information must be precise so that adequate
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 19 of 20
Section 3.07 — Specific Utility Extension Policy (continued)
facilities can be designed and constructed to meet all future service demands
without hazard to the public, other utility customers, and/or the environment.
(b) After the requirements of easements and rights-of-way have been
determined, a red line copy will be returned by the Utility to the Developer for
final plat preparation.
(c) Copies of all proposed plats and plans must be submitted to the Utility
prior to their submission to the county or city as appropriate for approval to insure
that they are compatible with the adequate long-term utility needs of potential
service customers. Copies will be returned after review by the Utility so that
necessary changes may be incorporated into the Developer's final submitted
plat(s) and plans.
(d) The Utility shall be provided with three (3) certified copies of the final
plat(s) approved by the City or County Commissioners Court. At this time, the
Utility will work with the Developer to begin engineering design of the facilities
necessary to serve the property. Plans and specifications will be prepared and
submitted to the TCEQ by the Utility or the Developer's engineer if required by
law. If further plat or plans changes are necessary to accommodate the specific
service needs of the property and the anticipated customer demands, the
Developer will be so notified. Plat amendments must be obtained by the
Developer. The Developer shall be notified when all required TCEQ or other
governmental approvals or permits have been received. No construction of
Utility plant which requires prior TCEQ plans approval shall be commenced until
that approval has been received by the Utility and any conditions imposed by the
PUC in association with its approvals have been satisfied.
(e) If the Utility constructs the facilities the Developer shall be required to post
bond or escrow the funds necessary to construct all required Utility system
extensions, except individual sewer connections, required to serve the property.
Construction shall not commence until funds are available. If the construction is
to be done in coordination with the phased development of the property, funds
must be provided in advance which are sufficient to complete each phase. No
phase or facilities for any phase shall be constructed prior to the bonding or
escrowing of all funds associated with that phase. If the Developer constructs
the facilities, evidence of adequate financial capability may be required.
(f) At the sole option of the Utility, the Developer may be required to execute
a Developer Extension Agreement setting forth all terms and conditions of
extending service to their property including all contributions in aid of construction
and developer reimbursements, if any.
(g) The Utility may require the Developer to commence construction of
subdivision improvements within three (3) months of utility plans approval or the
Utility may abate its construction activities until full development construction
SWWC Utilities, Inc. dba Windermere Utility Company, Inc. Sewer Tariff Page 20 of 20
Section 3.07 — Specific Utility Extension Policy (continued)
begins. If the Developer stops construction of subdivision improvements for any
purpose, the Utility may abate its construction for a similar period.
(h) As soon as the roads are rough cut and prior to paving, extension lines will
need to be constructed at each road crossing. The Developer must notify the
Utility sufficiently in advance of this development stage to allow for the necessary
utility construction without disruption to other service operations of the Utility.
Failure to provide adequate advance notice and cooperation in the construction
of necessary Utility plant may result in additional delays in obtaining service to
the property. The Developer shall be required to pay for all additional costs of
road boring or other remedial construction necessary to install adequate Utility
plant throughout the affected property.
Within its certificated area, the Utility shall bear the cost of the first 200 feet of any water main
or sewer collection line necessary to extend service to an individual residential service
applicant within a platted subdivision unless the Utility can document:
(a) that the developer of the subdivision refused to provide facilities compatible with the
utility's facilities in accordance with the Utility's approved extension policy after receiving
a written request from the Utility; or,
(b) that the Developer defaulted on the terms and conditions of a written agreement or
contract existing between the utility and the developer or the terms of this tariff
regarding payment for services, extensions, or other requirements; or in the event the
Developer declared bankruptcy and was therefore unable to meet obligations; and,
(c) that the residential service applicant purchased the property from the
Developer after the Developer was notified of the need to provide facilities to the
Utility. A residential service applicant may be charged the remaining costs of
extending service to his property; provided, however, that the residential service
applicant may only be required to pay the cost equivalent to the cost of extending
the nearest water main or wastewater collection line, whether or not that line has
adequate capacity to serve that residential service applicant. The following
criteria shall be considered to determine the residential service applicant's cost
for extending service: The residential service applicant shall not be required to
pay for costs of main extensions greater than 2" in diameter for pressure
wastewater collection lines and 6" in diameter for gravity wastewater lines.