§ 34-122.4. Water service interconnect rate.

(a)

Definitions. For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning in this section.

Customers. The application of the water service interconnect rate shall apply to customers or entities that request to interconnect into the system to receive water services on a temporary basis that:

(1)

Do not have a current contract for wholesale water service with the system at the point of service that is included in the request; and

(2)

Plan to resell the water provided by the system to its own customers.

The system shall have the discretion to determine whether or not a particular request for temporary water service qualifies as either a wholesale water service request or a request for temporary water service under this temporary interconnection rate. In making such a determination, the system may consider whether or not the requirements for service included in the request are within the system's long-term capabilities and consistent with the system's master plan.

Water rates of the customer. The water rates shall be herein defined as those water rates and charges in effect for residential customers of the customer at the time of the billing of the water service interconnect rate by the system. The water rates shall include but not be limited to all applicable water rates, surcharges, and charges for the procurement of existing or additional water sources.

Water rates of the system. The water rates shall be herein defined as those water rates and charges in effect for residential customers as defined under chapter 34 article II and amended from time to time. The water rates shall include but not be limited to the water supply fee, all applicable water rates, and Edwards Aquifer Authority Fees.

(b)

Application of water service interconnect rate.

(1)

Billing of customer. The system shall bill customer in accordance with the provisions in chapter 34, article II.

(2)

Systems' right to sell water. System has an obligation to serve its customers who are not under the water service interconnect rate. System shall have the right not to sell to customer in any event that it deems necessary to preserve the capacity to serve customers who are not under the water service interconnect rate. When possible, system shall notify customer in advance that it will not be able serve customer under the interconnect arrangement for a designated time period.

(3)

Required documentation. Customer shall provide to system on a monthly basis its monthly forecast for the next 12-month time period of water usage needs required of the interconnection infrastructure. The forecast documentation is necessary for system to determine its ability to service customer under the water service interconnect rate.

Customer shall also provide to system on a monthly basis its current rate schedules then in effect for its residential customers, including all applicable charges and fees that would be charged to its residential customers for that month. If billing to customer is not according to the applicable rate schedules then in effect at time of billing, system reserves the right to bill customer on the applicable rates for all usage that was applied to the incorrect rate schedules.

(4)

System's ability to provide standby services. System recognizes that the interconnect services are necessary to provide services that are on a standby basis and the rate should incorporate a provision for the standby service.

(5)

Payment for the interconnection infrastructure. Customer shall pay for all services related to connecting into the infrastructure of the system, to include capital and operations costs. Customer shall pay for the pipeline costs in advance of receiving water services from system. In the event system must incur operations costs to service the interconnect infrastructure, system shall bill customer the current costs of time and materials.

(6)

Assignment of water under water service interconnect rate. Water service provided to customer through the interconnect line is intended for the use of the customer on a temporary or emergency basis. Customer shall not assign the provisions of the water service to other water purveyors.

(c)

Water service interconnect rate. The water service interconnect rate is hereby established and is applicable to the use of potable water.

Customer shall be charged on a monthly basis for the preceding monthly metered usage based on the following calculations:

(1)

Rates. Customer shall be charged the highest bill calculated based on the metered usage on the interconnect line of the customer applied to the water rates of the system and the water rates of the customer;

(2)

Standby charge. Customer shall be charged monthly for the ability of system to provide standby services at the system's meter fee rate on the interconnect meter. If water usage is metered for two (2) consecutive months or for more than three (3) months during a calendar year, then the system shall charge additional standby services of ten (10) times the applicable meter fee rate or monthly service availability charge for each month of metered usage in the calendar year; and

(3)

Time and material charges. Customer shall be charged monthly for all time and material charges incurred to service the interconnect infrastructure. Such billing shall detail the reason for the charges in addition to the time and unit costs.

(Ord. No. 101684, § 1(Att. I), 11-17-05)