§ 24-19. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Active meter means a meter on which regular and timely payments have been made as a consequence of normal monthly billing as stated in this article. Further, an active meter is deemed in current compliance with any and all regulations adopted by the town and/or published in this article and not subject to any past or current charges being in arrears.

Applicant means a person, partnership, cooperative corporation, corporation, agency, public or private organization, or any legal entity of any type applying for service with the town.

Authorized representative or town representative means the mayor or another authorized representative or employee of the town acting pursuant to the direction of the mayor or the town council.

Certificate of convenience and necessity (CCN) means the authorization granted under V.T.C.A., Water Code ch. 13 for the town to provide retail water service within a defined territory. The town has been issued Certificate Number 12670. Territory defined in the CCN shall be the certificated service area.

Connection means each residential unit occupied by a separate family, including separate apartments located within a single building, and each business unit occupied by a separate business, including separate establishments within a single building.

Customer means any person, corporation, organization, government, or governmental subdivision or agency, business trust, estate trust, partnership, association, or any other legal entity receiving the town's water service at any specified premises designated to receive service.

Debit account means an account where water service has been discontinued due to nonpayment of the monthly service charges for a period of 120 days and has been transferred to an inactive account.

Defined service area means that area within which water services are provided to customers and that includes the area within the town's corporate boundary and the area described within TCEQ CCN No. 12670.

Deposit means a non-interest-bearing fee, as set by the town council based upon the size of the water meter, which is held by the town as security for service being rendered.

Developer means any person, partnership, cooperative corporation, corporation, agency, or public or private organization, or other legal entity who owns land located within the town or the town's defined service area who has divided or proposes to divide the land into two or more parts for the purpose of laying out any subdivision or any tract of land or any addition to any town or city or for laying out suburban lots or building lots, streets, alleys, or parks or other portions intended for public use, or the use of the purchasers or owners, or lots fronting thereon or adjacent thereto.

Disconnection of service means the discontinuance of retail water service to a customer of the town.

Easement means a private perpetual dedicated right-of-way for the installation of water pipelines and necessary facilities which allows access to property for future operation, maintenance, facility replacement, facility upgrades, and/or installation of additional pipelines (if applicable).

Final plat means a complete and exact plan for the subdivision of a tract of land which has been approved by all regulatory agencies having jurisdiction over approval of the design, planning and specifications of the facilities of such subdivision.

Hazardous condition means a condition that jeopardizes the health and welfare of the customers of the town as determined by the town, or any other regulatory authority with jurisdiction.

Inactive meter means a specific location where water is metered from a distribution line, but where payment for water service has never commenced or has fallen into arrears and, as a consequence, service has been suspended and is no longer available under the terms originally agreed upon between the town and the customer as contained within the various signed agreements on file in the town's offices.

Indication of interest fee means a fee paid by a potential customer of the town for the purpose of determining the feasibility of a construction and/or expansion project.

Master meter means a meter that serves two or more connections and is installed in accordance with the requirements set forth in this article.

Rate ordinance or ordinance means this article, with all amendments hereto and hereinafter adopted.

Re-service means providing service to an applicant at a location at which service previously existed and at which there is an existing setting for a meter. Costs of such re-servicing shall be as established in this article or based on justifiable expenses in connection with such re-servicing.

Revenues means any funds received for water, tap fees, service charge fees, disconnect fees, reconnection fees or any and all other charges except for service deposits that may be charged and collected by the town from the ownership and operation of its water systems.

Service application and agreement means a written agreement on the current service application and agreement form between the applicant and the town defining the specific type of service requirements requested, and the responsibilities of each party regarding the service to be provided on property designated to receive service.

Service classification/unit means the type of water service required by an applicant as may be determined by the town based on specific criteria such as usage, meter size, demand, type of application, and other relevant factors related to the applicant's request. The base unit of water service used by the town in facilities design and rate making in this article is a five-eighths-inch by three-fourths-inch water meter.

Subdivide means to divide the surface area of land into lots or tracts (see V.T.C.A., Local Government Code ch. 212).

Subdivider means an individual, firm, corporation, or other legal entity that owns any interest in land and that directly or indirectly subdivides land into lots as a part of a common promotional plan in the ordinary course of business (see V.T.C.A., Local Government Code ch. 212).

Subdivision means an area of land that has been subdivided into lots or tracts (see V.T.C.A., Local Government Code ch. 212).

Temporary service means the classification assigned an applicant that is in the process of construction. This could also apply to service for uses other than permanent (agricultural, road construction, drilling, livestock, etc.). The town will set the length of time associated with this classification.

Texas Commission on Environmental Quality or TCEQ means the state regulatory agency having appellate jurisdiction over the rates and fees charged by the town, or any successor state agency with jurisdiction.

Town council means the governing body of the town elected in accordance with the applicable election laws.

Town's water system means the water production, treatment, and distribution facilities operated or to be constructed by the town as currently operating and any water system extensions or improvements which may be built within the town or its extraterritorial jurisdiction in the future.

(Ord. No. 2010-01, § 2(A), 1-18-2010)