(A)   Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      APPLICANT. Any individual, owner of land or his or her representative, legal entity, or development requesting to tie to city utilities.
      CITY. The City of Willis, Montgomery County, Texas.
      COUNCIL. The Willis City Council, the official governing body of the city.
      EASEMENT. The authorization by a property owner for the use by another, and for specified purpose, of any designated part of his/her property.
      EXTRATERRITORIAL JURISDICTION or ETJ. The legal ability of a Texas municipality to exercise authority beyond its corporate boundaries as provided in Chapter 42 of the Tex. Loc. Gov't Code, Ch 42.
      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for land-platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the right-of-way and not included within the dimensions or areas of the lots or parcels. Any right-of-way intended for public streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which the right-of-way is established.
      TEXAS COMMISSION ON ENVIRONMENTAL QUALITY or TCEQ. The environmental agency for the State of Texas.
      UTILITIES. The public service inclusive of water service and sewer service as provided by the city.
      UTILITY SERVICE. The public utility service inclusive of water service and sewer service as provided by the city.
   (B)   Outside city connections.
      (1)   The water and sewer system in the city is a public utility operated and maintained by the City of Willis and regulated by Texas Commission on Environmental Quality (TCEQ). Any system wishing to connect to the city outside of the established city limits shall operate in accordance with ordinances and policies adopted by the city, state law, and/or federal law. Subject to such requirements, the City Manager may make such reasonable regulations as necessary to govern the city water and sewer systems to ensure their continued operation.
      (2)   No water or sewer service shall be furnished beyond the city limits until such applicant shall furnish the city with satisfactory evidence that all rules and regulations required of applicant within the city, as a prerequisite for service, have been fully and strictly satisfied.
      (3)   Service extensions will be limited to properties within the extraterritorial jurisdiction (ETJ) and within contiguous service areas of the city. Approval of the extensions will be contingent upon a determination by the City Manager's designee that the city's available water and sewer capacity is adequate to provide service to the property.
      (4)   Cost allocation. On any extensions or additions to its water or sewer system which require expenditures of operating revenue that are not justified on the basis of the anticipated revenue or which are speculative in nature and primarily beneficial to a certain party or parties, the city may require sufficient charges or deposits which the city may deem necessary to assure that the costs are assumed by the developer or customer and not by the city.
      (5)   Property description. The person desiring water and sewer service from the city shall provide the city with a complete legal description of all property on which improvements are proposed to be located that require water and sewer service. This property description shall become part of the application for service and will be used in calculating the extension charges.
   (C)   Application for water and sewer service outside city limits.
      (1)   Any person and/or business requesting water and/or sewer service from the city shall complete an application on a form supplied by the city.
      (2)   Requests for water or sewer service connections will not be considered until the applicant has made a formal request to be annexed by the city.
      (3)   In lieu of annexation, City Council may authorize a water or sewer service connection provided the property owner has entered into a mutual development agreement with the city whereupon the city may impose certain regulations including but not limited to the types and nature of any proposed developments. In no case will a service connection be approved outside the city limits without an executed development agreement in effect.
      (4)   All water and sewer service connect requests outside the city limits must be approved by the City Council. No private service lines shall be connected to any city sewer line unless the connection/tap has been approved by the City Council and all design processes and requirements have been completed.
   (D)   Installation of service outside city limits.
      (1)   Prior to the installation of and water lines, sewer lines, drain, waste, vents, plumbing fixtures or appurtenances a plumbing permit must be secured through the city.
      (2)   If the proposed water or sewer service connections are commercial in nature or a residential development, signed and stamped plans from a registered professional engineer is required to be provided to the city before the permit will be issued.
      (3)   No private service lines shall be connected or tapped to any city water line unless a meter (or meters) is installed by the city at that connection.
      (4)   If the private service utilizes a water well for water service, a water meter approved by the city must be installed on the water well at the cost of the customer who uses the water well.
      (5)   If the private service utilizes a water well for water service and wishes to continue using the water well and city service, the customer must also provide at his own expense a testable reduced pressure zone device at the city meter. The reduced pressure zone device must be tested once per year.
      (6)   The customer must provide the city access to the water well for meter reading. Sewer rates for customers connected to the city sewer only with a private water supply will be subject to the outside rates established based on water consumption.
      (7)   Not more than one premise may be connected to any one water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc.
      (8)   No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service.
   (E)   Subdivision or development of properties.
      (1)   Any developer desiring to develop land as a subdivision and install water main and sanitary sewer facilities shall do so at the developer's own expense and in accordance with current city subdivision ordinances.
      (2)   All water and sanitary sewer mains that are six inches or larger constructed under the provisions of this section, upon approval and acceptance by the city shall become the property of the city. All such facilities shall be constructed in public easements and to all city and state specifications.
      (3)   All developers will install at their own expense laterals and service lines necessary to serve the land they are developing as subdivisions. All developers will construct at their own expense any and all lift stations and pump stations necessary to serve the land to be developed. In addition, the developer or the property owner will pay the city a connection charge for all water and for sewer taps in the amount as set forth in current city ordinances.
   (F)   Design.
      (1)   Any person or business requesting to connect to the city water or sewer system shall design all water and sewer projects that tie to the city system, including all lines, connections, or any other items related to the water or sewer system, must meet or exceed the design specifications of the city, the Plumbing Code, and TCEQ Design Specifications.
      (2)   Developers must submit plans and documentation to the city showing the proposed route, kind of material used for construction, and how construction will take place.
      (3)   Once the preliminary design has been approved by the city, a final set of plans stamped by a registered professional engineer must be used for construction. Once a stamped set of plans has been provided to the city and all corrections have been addressed satisfactory to the city, the city will then issue a building permit.
   (G)   Wholesale. Water service to wholesale water customers of the city who resell the city water delivered to their retail users, such as households, commercial or industrial users, shall be required to comply with the following:
      (1)   The wholesale water customer must sign a negotiated contract with the city specifying the contract time, maximum quantity desired, cost of service and other conditions of service.
      (2)   The wholesale customer shall pay applicable charges and deposits as stipulated by the city.
      (3)   The wholesale water customer shall be responsible for providing potable water past the master meter in conformance with Federal Safe Drinking Water Act requirements, and in compliance with applicable local, state, and federal laws.
      (4)   The wholesale water customer is responsible for ground water protection through prevention of spills and collection system leaks and shall otherwise comply with all pollution control and other applicable state and federal laws.
      (5)   Wholesale customers shall comply with, impose and enforce all water conservation regulations of the city.
(Ord. 14-1216, passed 12-16-2014)