CM-10-09-189ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing the TCEQ Application to Obtain or Amend a Water/Sewer Certificate
of Convenience and Necessity (CCN) for the service area on the south side of town.
September 24, 2010
Department: Infrastructure Development and Construction Management
Project Manager: Michael Thane
Item Summary:
The City of Round Rock is submitting this application to the Texas Commission on Environmental Quality (TCEQ) to
amend the City's Water Certificate of Convenience and Necessity (CCN) service area on the south side of town. This
amendment is necessary in order for the City to serve the property that Manville Water Supply Corporation released
from their CCN service area. Once the application is approved by the TCEQ the City will be able to legally provide
water service to the property.
Strategic Plan Relevance: 27.0 "Ensure there is an adequate, affordable and safe water supply."
Cost: N/A
Source of Funds: N/A
REV. 6/10/10
F
Teta
TCEQ
APPLICATION TO OBTAIN OR AMEND A WATER/SEWER
CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN)
*CN#
*RN# *If known (See Instructions)
PURPOSE OF THIS APPLICATION
OBTAIN New Water CCN New Sewer CCN
AMEND x Water CCN # 11047 Sewer CCN #
1. APPLICANT INFORMATION
Utility Name: City of Round Rock
Utility Address (city/state/zip) 221 East Main Street
Utility Phone Number ( ) (512) 2185-5400 Fax ( )
Contact Person: Please provide information about the person to be contacted regarding this application.
Indicate if this person is the owner, operator, engineer, attorney, accountant manager, or other title related to
the applicant.
Name: Michael Thane, P.E. Title: Utilities Director
Address: 2008 Enterprise Dr. Telephone ( ) 512 671-2755
City Round Rock St TX Zip 78664 Fax ( ) 512 218-5563
E-mail: mthane@round-rock.tx.us
County(ies) in which service is proposed Williamson
A. Check the appropriate box and provide information regarding the legal status of the applicant:
Investor owned utility
Individual
Home or Property Owners Association
Partnership
For- 9 rofit co I oration
Non-profit, member -owned, member -controlled cooperative corporation (Water Code
Chapter 67, Water Supply or Sewer Service Corporation)
Municipality
District
Other Please Explain:
B. If the applicant is a For -Profit business or corporation: Not Applicable
i. Provide a copy of the corporation's •Certification of Account Status. from the Texas State
Comptroller of Public Accounts.
ii. Provide the corporations charter number as recorded with the Office of the Texas Secretary
of State.
iii. Provide a listing of all stockholders and their respective percentages of ownership.
iv. Provide a copy of the company's organizational chart, if available.
v. Provide a list of all directors and disclose the tile of each individual.
vi. Provide a list of all affiliated organizations (if any) and explain the relationship with the
applicant.
TCEQ-10362 (REV 4/09)
WH o --O
Page 7 of 28
C. If the applicant is a Water Code Chapter 67 water supply or sewer service corporation: Not Applicable
i. Provide a copy of the Articles of Incorporation and By -Laws.
ii. Provide the corporation's charter number as recorded with the Office of the Texas Secretary
of State.
iii. Identify all members including name, address, title, and telephone number.
iv. Provide a copy of the corporation's Certificate of Account Status from the Texas Comptroller
of Public Accounts.
2. LOCATION INFORMATION
A. Are there people already living in the proposed area?
YES X NO
If YES, are any currently receiving utility service?
YES NO X if YES, from Whom?
Demonstrate the Need for Service by providing the following:
B. Have you received any requests for service in the requested service area?
YES X NO if YES, provide the following:
i. Describe the service area and circumstances driving the need for service in the requested area.
Indicate the name(s) and address(es) of landowner(s), prospective landowner(s), tenant(s), or
resident(s) that have requested service; and/or: Warner Ranch PUD among other developers
are requesting water service. The requested area to amend is in Round Rocks' city limits.
The City of Round Rock can provide immediate water service with minimal cost for
infrastructure improvements.
ii. Describe the economic need(s) for service in the requested area (i.e. plat approvals, recent
annexation(s) or annexation request(s), building permits, septic tank permits, hospitals, etc.);
and/or: Plat approvals, building permits, PUD service request.
iii. Discuss in detail the environmental need(s) for service in the requested area (i.e. failing septic
tanks in the requested area, fueling wells, etc.); and/or Not Applicable
iv. Provide copies of any written applications or requests for service in the requested area; and/or
See attached letter from Warner Ranch PUD
v. Provide copies of any reports and/or market studies demonstrating existing or anticipated
growth in the requested area. If no, please justify the need for service in the proposed area.
Over the past several years the City of Round Rock has had numerous developers in this
area waiting to develop, vet prevented due to lack of utility service.
vi. If none of these items exist or are available, please justify the need for service in the proposed
area in writing. Not applicable.
Note: Failure to demonstrate a need for additional service in the proposed service area may result in
the delay and /or possible denial of the application.
C. Is any portion of the proposed service area inside an incorporated city or district?
YES X NO
If YES, within the corporate limits of: City of Round Rock (applicant)
Provide a copy of any franchise, permit, or consent granted by the city or district. If not available
please explain:
Proposed service areas are inside only the City of Round Rock (applicant) city limits and
/or ETJ — proposed service areas are not within any other incorporated city
D. Is any portion of the proposed service area inside another utility's CCN area?
YES X NO
TCEQ-10362 (REV 4/09) Page 8 of 28
If YES, has the current CCN holder agreed to decertify the proposed area?
YES NO X
If NO, are you seeking dual or single certification of the area? Explain why decertification of the area
is in the public interest. Yes. The City of Round Rock is seeking dual certification of the area.
According to TCEO the current service provider is shown to be TP investments The CCN number
is 12064. The area's North boundary is Louis Henna Blvd. The East boundary is Warner Ranch
Drive. The South boundary is approximately 156 feet from Dry Branch Creek. The West
boundary is Jazz St.
3. MAP REQUIREMENTS:
Attach the following hard copy maps with each copy of the application: See attached maps and compact
disk with digital shapefiles
A. A general location map delineating the proposed service area with enough detail to
accurately locate the proposed area within the county.
B. A map showing only the proposed area by:
i. metes and bounds survey certified by a licensed state or register professional land surveyor; or
ii. projectable digital data with metadata (proposed areas should be in a single record and
clearly labeled). Also, a data disk labeled with the applicant's name must be provided; or
iii. following verifiable natural and man-made landmarks; or
iv. a copy of recorded plat map with metes and bounds.
C. A written description of the proposed service area. The proposed service area is bound by
Louis Henna Blvd from Jazz St to approximately 301 feet to the west of A.W. Grimes Blvd. then runs
Southeast to approximately 302 feet South of Louis Henna Blvd., then runs Northeast to AW Grimes Blvd
The boundary then runs Southeast along Louis Henna Blvd.approximately 305 feet, then runs Southwest
approximately 250 feet. The boundary then runs Southeast approximately 180 feet, then turns Northeast
and runs approximately 295 feet. The boundary then runs Southeast along AW Grimes Blvd.
approximately 110 feet then runs Southwest approximately 530 feet. The boundary then runs Northwest
approximately 1000 feet, then logs Northwest along Warner Ranch Dr approximately 150 feet. The
boundary then runs West approximately 662 feet, then runs Northwest along Jazz St. and closes the
boundary at Jazz St. and Louis Henna Blvd.
There is a second boundary in the same area that starts approximately 160 feet North of the
Northeast end of Thibodeaux Dr. and runs Southeast approximately 166 feet, then runs Southwest
approximately 137 feet. Then boundary then runs Southeast approximately 1,525 feet, then runs
Norrtheast approximately 607 feet The boundary then runs Southeast approximately 576 feet,
then runs Southwest approximately 405 feet. The boundary then runs Northwest approximately
527 feet, then runs Southwest approximately 402 feet. The boundary then runs Southeast
approximately 575 feet, it then runs Southwest approximately 1500 feet. The boundary then runs
Northwest approximately 1300 feet, it then runs Southwest approximately 267 feet. The boundary
then runs Northwest approximately 1800 feet, it then runs Northeast approximately 1700 feet and
closes the boundary.
Provide separate and additional maps of the proposed area(s) to show the following:
i. all facilities, illustrating separately facilities for production, transmission, and distribution of
the applicant's service(s); and
ii. any facilities, customers or area currently being served outside the applicant's certificated
area(s).
Note: Failure to provide adequate mapping information may result in the delay or possible denial of your
TCEQ-10362 (REV 4/09) Page 9 of 28
application. Digital data submitted in a format other than ESRI AreGIS may result in the delay or
inability to review applicant's mapping information.
4. NEW SYSTEM INFORMATION OR UTILITIES REQUESTING A CCN FOR THE FIRST TIME
A. Please provide the following information:
i. a list of public drinking water supply system(s) or sewer system(s) within a 2 mile radius of
the proposed system; Round Rock and Manville
ii. copies of written requests seeking to obtain service from each of the public drinking water
systems or sewer systems listed in #4.A.i above or documentation that it is not economically
feasible to obtain service from each entity; See letter from Warner Ranch PUD
iii. copies of written responses from each system or evidence that they did not reply; and
iv. for sewer utilities, documentation showing that you have obtained or applied for a wastewater
discharge permit. Not Applicable
B. Were your requests for service denied?
Not Applicable
i. If yes, please provide documentation of the denial of service and go to 4.C.
ii.
If no, please provide a detailed analysis which justifies your reasons for not accepting service.
A separate analysis must be prepared and submitted for each utility that granted your request
for service.
C. Please summarize how the proposed utility system will be constructed and describe each
projected construction phase, if any: The City of Round Rock has offsite utilities to serve
the proposed area. Future water service installments
in this area will be constructed b develers
D. Date of plat approval, if required: Not Applicable
Approved by:
E. Date Plans & Specifications submitted for approval NotApplicable Log No.
Attach copy of approval letter if available.
F. Date construction is scheduled to commence Not Applicable
G. Date service is scheduled to commence Not Applicable
5. EXISTING SYSTEM INFORMATION
A. Please provide the following information for each water and/or sewer system, attach additional sheets if
necessary.
i. Water system's TCEQ Public Water System identification number(s):
6 0 0 0 7
2
4
ii. Sewer system's TCEQ Discharge Permit number(s)
W
Q
iii Date of last inspection
W
Q
iv Attach a copy of the most recent inspection report letter.
v. For each system deficiency listed in the inspection report letter, attach a brief explanation
listing the actions taken or being taken by the utility to correct the listed deficiencies,
including the proposed completion dates.
TCEQ-10362 (REV 4/09)
Page 10 of 28
B. Provide the following information about the utility's certified operators. See attached utility certified
operators
Name
Classes
License Number
- Attach additional sheet(s) if necessary —
C. Using the current number of customers, is any facility component in systems named in #5A above operating at
85% or greater of minimum standard capacity?
YES NO X
Attach an explanation listing the actions to be taken to make system improvements including proposed
completion dates (See 291.93(3)(A) of TCEQ Rules).
D. List in the table below, the number of existing and/or proposed metered and non -metered connections (by size).
The proposed number should reflect the information presented in the business plan or financial documentation
and reflect the number of service requests identified in Question 2.b in the application.
Water System
Sewer System
Connection
Existing
Proposed
Connection
Existing
Proposed
5/8" or 3/4" meter
29,351
1200
Residential
N/A
N/A
1" meter or larger
1454
113
Commercial
N/A
N/A
Non -Metered
N/A
N/A
Industrial
N/A
N/A
Other:
N/A
N/A
Other:
N/A
N/A
Total Water
30,805
1,313
Total Sewer
N/A
N/A
E. If this application is for a water CCN only, please explain how sewer service is or will be provided:
The sewer service for this area is provided by: The City of Round Rock and Southwest Water
Company,
F. If this application is for a sewer CCN only, please explain how water service is or will be provided:
Not Applicable.
TCEQ-10362 (REV 4/09) Page I 1 of 28
G Effect of Granting a Certificate Amendment.
Explain in detail the effect of granting of a certificate or an amendment, including, but not limited to
regionalization, compliance and economic effects on the following:
i the applicant,
ii any retail public utility of the same kind already serving the proximate area; and
iii any landowner(s) in the requested area.
The effect ofgrantine this request on the applicant (Round Rock) is that the change in
water service CCN will ensure a CCN designation for this area and will spur growth and
development in the area.
H Do you currently purchase or plan to purchase water or sewer treatment capacity from another source?
i No X (skip the rest of this question and go to #6)
ii Water Yes
Purchased on a X regular
seasonal Emergency basis?
Source
% of Total Treatment
Brazos River Authority
Lake Georgetown and Lake Stillhouse
Hollow
92 %
Ground Water
8%
iii Sewer treatment capacity
iv Yes
Purchased on a
regular
seasonal
Emergency basis?
Source
% of Total Treatment
vi Provide a signed and dated copy of the most current water or sewer treatment capacity
purchase agreement or contract.
Ability to Provide Adequate Service.
Describe the ability of the applicant to provide adequate service, including meeting the standards of
the commission, taking both of the following items into consideration:
i. the current and projected density, and
ii. the land use of the requested area.
The City of Round Rock has the water infrastructure capacity available to serve the
TCEQ-10362 (REV 4/09)
Page 12 of 28
proposed area.
J Effect on the Land.
Explain the effect on the land to be included in the certificated area. Will provide positive effect on by
enabling The City of Round Rock to commit to providing water service to this area, which will enable
growth and development.
6. FINANCIAL INFORMATION
A. For new systems and for applicants with existing CCNs who are constructing a new stand alone system:
Not Applicable
i. the applicant must provide an analysis of all necessary costs for constructing, operating, and
maintaining the system, and the source of that capital (such as a financial statement for the
developing entity) for which the CCN is requested for at least the first five years. In addition,
if service has been offered by an existing water service provider as stated in #4.A., but the
applicant has determined that the cost of service as finally offered renders the project not
economically feasible, the applicant must provide a comparison analysis of all necessary costs
for acquiring and continuing to receive service from the existing system for the same period.
ii. Attach projected profit and loss statements, cash flow worksheets, and balance sheets
(projected five year financial plan worksheet is attached) for each of the first five years of
operation. Income from rates should correlate to the projected growth in connections, shown
on the projected profit and loss statement.
iii. Attach a proposed rate schedule or tariff. Describe the procedure for determining the rates
and fees and indicate the date of last change, if applicable. Attach copies of any cost of
service studies or rate analysis worksheets.
B. For existing systems:
i. Attach a profit and loss statement and current balance sheet for existing businesses (end of
last fiscal year is acceptable). Describe sources and terms for borrowed capital such as loans,
bonds, or notes (profit and loss and balance sheet worksheets are attached, if needed). See
attached Comprehensive Annual Finacial Report
ii. Attach a proposed rate schedule or tariff.
*NOTE: An existing system may be required to provide the information in 6.A.i. above during the
technical review phase if necessary for staff to completely evaluate the application.
C. Identify any funds you are required to accumulate and restrict by lenders or capital providers.
Not Applicable
D. In lieu of the information in #6.A. thru #6.C., you may provide information concerning loan approvals within
the last three (3) years from lending institutions or agencies including the most recent financial audit of the
applicant. Not Applicable
Note: Failure to provide adequate financial information may result in the delay or possible denial of your application.
7. NOTICE REQUIREMENTS
A. All proposed notice forms must be completed and submitted with the application. However, do not mail or
publish them until you receive written approval from the Commission to do so.
B. The Commission cannot grant a CCN until proper notice of the application has been given. Commission rules
do not allow a waiver of these notice requirements for CCN applicants.
C. It is the applicant's responsibility to ensure that proper notice is given to all entities that are required to
receive notice.
D. Recommended notice forms for publication, neighboring cities and systems, landowners with 25 acres or more,
TCEQ-10362 (REV 4/09) Page 13 of 28
and customers are included with this application to use in preparing your proposed notices. (These notice
forms are also available in Spanish upon request.)
E. After reviewing and, if necessary, modifying the proposed notice, the Commission will send the notice to the
applicant after the application is accepted for filing along with instructions for publication and/or mailing.
Please review the notice carefully and note any additional neighboring utilities which may be included in the
acceptance letter.
F. Notice For Publication:
The applicant shall publish the notice in a newspaper having general circulation in the county or counties
where a CCN is being requested, once each week for two consecutive weeks beginning with the week after the
notice is received from the Commission. Proof of publication in the form of a publishers affidavit shall be
submitted to the Commission within 30 days of the last publication date. The affidavit shall state with
specificity each county in which the newspaper is of general circulation.
G. Notice To Neighboring Utilities:
i. List all neighboring retail public utilities and cities providing the same utility service within
the following vicinities of the applicant's proposed certificate area.
ii. For applications for the issuance of a NEW CCN, the applicant must mail the notice with a
copy of the proposed CCN map to all cities and neighboring retail public utilities providing
the same utility service within five (5) miles of the requested service area.
iii. For applications for the AMENDMENT of a CCN, the applicant must mail the notice with a
copy of the proposed CCN map to all cities and neighboring retail public utilities providing
the same utility service within two (2) miles of the requested service area.
H. Notice to Customers
Investor Owned Utilities (IOUs) that are currently providing service without a CCN must provide individual
mailed notice to all current customers. The notice must contain the current rates, the date those rates were
instituted and any other information required in the application. The notice must also list all zip codes affected
by the application. Not Applicable
I. The Commission may require the applicant to deliver notice to other affected persons or agencies.
Do not publish or send copies of the proposed notices to anyone at the
time you submit the application to the Commission. Wait until you
receive written authorization to do so. This will occur after the
Commission has reviewed the notices for completeness, and your
application has been accepted for filing. Once the application is accepted
for filing, you will receive written authorization to provide notice. Please
check the notices for accuracy before providing them to the public. It is
the applicant's burden to ensure that correct and accurate notice is
provided.
TCEQ-10362 (REV 4/09)
Page 14 of 28
OATH
STATE OF Texas
COUNTY OF Williamson
I, Jim Nuse, P.E. ,being duly sworn, file this application as
(► rari/4e (indicate relationship to Applicant, that is, owner, member
of partSiership, titlUs officer of corporation, or other authorized representative of Applicant); that, in such capacity, I
am qualified and authorized to file and verify such application, am personally familiar with the maps and financial
information filed with this application, and have complied with all the requirements contained in this application;
and, that all such statements made and matters set forth therein are true and correct. I further state that the application
is made in good faith and that this application does not duplicate any filing presently before the Texas Commission
on Environmental Quality.
I further represent that the application form has not been changed, altered or amended from its original form available
only from the Commission.
I further represent that the Applicant will provide continuous and adequate service to all customers and
qualified applicants for service within its certificated service area.
AFFIANT
(Utility's Authorized Representative)
If the Affiant to this form is any person other than the sole owner, partner, officer of the Applicant, or its attorney, a
properly verified Power of Attorney must be enclosed.
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for the State of Texas, this
day 2/ of 5QpEemkaa-, 20 10 .
SEAL
.o. yFf7;;, MEAGAN M. SPINKS
-'? ""? Notary Public, State of Texas
�,, My Commission Expires
1,%fo:4E'.•� September 09, 2014
TCEQ-10362 (REV 4/09)
411
N • TAR PUBLICD FOR T
STATE OF TEXAS
N\AEREAN , tPINKS
PRINT OR TYPE NAME OF NOTARY t,(�
MY COMMISSION EXPIRES 9-9-14-
`T
Page 15 of 28