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HomeMy WebLinkAboutResolution - 2008-R0177 - Agreement - South Garza Water Supply Inc.- Raw Water - 05_08_2008Resolution No. May 8, 2008 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Raw Water Supply Agreement by and between the City of Lubbock and South Garza Water Supply, Inc., and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Executed by the City Council this 8th day of May 2008. DAVID A. MILLER, MAYOR ATTEST: J— %2es0=42-4=�— e ca Garza, City Sec ary APPROVED AS TO-09tVTENT: Tom Adams, Deputy City Manager/Water Utilities Director APPROVED AS TO F Richard K. Casner, First Assistant City Attorney ao/ccdocs/Garza Raw Water Supply Agreement.res April 15, 2008 Resolution No. 2008—RO177 RAW WATER SUPPLY AGREEMENT BETWEEN THE CITY OF LUBBOCK AND SOUTH GARZA WATER SUPPLY The City of Lubbock (hereinafter the "City") and South Garza Water Supply, Inc. (hereinafter "South Garza") (collectively referred to as the "Parties") enter into this Raw Water Supply Agreement ("Agreement"). John Ward and Clifford & Clyde Kitten, L.P., enter into this Agrcement for the limited purposes set forth herein. I. RECITALS Whereas, the City is a home -rule municipality created pursuant to Article 111, Section S of the Texas Constitution and its Charter; and Whereas, South Garza is an investor -owned utility and public water system providing treated water for domestic and municipal purposes to customers within it Certificate of Convenience and Necessity (" CCN") No. 13056; and Whereas, on September 25, 1984, Permit No. 4146 (the "Permit"), was issued to the City authorizing the construction, storage, diversion, and use of water from Lake Alan Henry (the "Lake"); and Whereas, the City and Mr. and Mrs. John Ward, et al. (the "Landowners"), entered into that certain Memorandum of Agreement (the "MOA"), dated on or about April 3, 1986, recorded in Volume 179, Page 180, Deed Records, Garza County, Texas, wherein the Landowners and the City made certain agreements regarding the construction and operation of the Lake; Whereas, among other things, the MOA provides that: "In the event that City, in its discretion, determines to construct the [Lake] as contemplated by this [MOA] and does construct such facility, then and only then, the City will grant to the Landowners, Reed, Ward, and Httddleston, one tap each to allow use of the raw water in the pipeline(s) for such Landowners' domestic and normal ranching livestock consumption on Landowners' property." (herein called the "Water Rights"), Whereas, except to the extent specifically provided herein, nothing in this Agreement in any way modifies, amends, or otherwise waives, any rights, duties, or obligations the parties to the MOA have pursuant to the MOA; Whereas, the Water Rights were referred to in that certain Water Line Easement (the "Easement"), dated on or about November 16, 1989, by and between the City and Ward, recorded in Volume 185, Page 548, Deed Records, Garza County, Texas; Water Supply and Service Agreement Page 1 ol'43 Whereas, pursuant to that certain Assignment of Water Allotment and Boat Ramp Permit, dated on or about June 8, 2000, and recorded in Volume 255, Page 741, Deed Records, Garza County, Texas, Nonnie Rodgers Ward and husband, John Ward (collectively, "Ward"), purported to convey the Water Rights to Clifford & Clyde Kitten, Inc., a Texas corporation; Whereas, pursuant to the Plan of Conversion for Clifford & Clyde Kitten, Inc. converting to Clifford & Clyde Kitten 11, LLC, dated January 9, 2003, and the Plan of Conversion for Clifford & Clyde Kitten II, LLC converting to Clifford & Clyde Kitten, L.P. ("Kitten"), a Texas limited partnership, dated February 10, 2003, the June 8, 2000 Assigrunent of Water Allotment and Boat Ramp Permit was assigned to Clifford & Clyde Kitten, L.P. and notice of such assignment is recorded in Volume 296, Page 424, Deed Records, Garza County, Texas; Whereas, on April 15, 2008, Kitten leased to South Garza, pursuant to the Raw Water Lease (the "Kitten Lease") between Kitten and South Garza, the Water Rights to South Garza for the purpose of providing treated domestic water to the customers located on land to which the MOA applies; Whereas, the City requires potable water service to its Sam Wahl Recreation Area (hereinafter "Recreation Area") and the City has requested that South Garza provide the water to the Recreation Area and South Garza has agreed to provide the service; Whereas, the City has entered into a Lease with the Lake Alan Henry Water District (the "District"), which authorizes the District to purchase up to 520 acre-feet of raw water from the City, to deliver the twenty (20) acre-feet of raw water provided to South Garza under this Agreement, and to deliver the raw water required. for the Sam Wahl Recreation Area; Whereas, the City is providing the District with an easement so that it may deliver the raw water supplied pursuant to this Agreement and to the raw water leased to the District, and in consideration for that easement Kitten is granting, or causing to be granted, a new easement to the City, at no cost, for water pipeline purposes and terminating an existing easement, and South Garza is extending water delivery facilities to the Recreation Area; Whereas, although City expressly denies the obligation to provide the Water Rights to Kitten or its successors and assigns, including without limitation, South Garza, in the interest of maintaining peace and avoiding litigation, and without admitting to the obligation to provide such water to South Garza, City desires to provide such water to South Garza, and South Garza desires to accept such water from City, under the terms and conditions set forth herein; Now Therefore, for and in consideration of the mutual promises, the adequacy of consideration being hereby acknowledged, the City, South Garza, Kitten and Ward do hereby agree and covenant to each other the following. Water Supply and Service Agreement Page 2 of 43 IL RAW WATER SUPPLY A. Amount of Water Delivered. Upon completion of the facilities contemplated herein, South Garza shall be entitled to have delivered to the District, for its account, at the Point of delivery described in the Lease, up to twenty (20) acre feet of water per year at no cost to South Garza (hereinafter referred to as the "No -Cost Water"). Water to be delivered to South Garza shall be made available to the District pursuant the Raw Water Lease between the City of Lubbock and the Lake Alan Henry Water District dated on or about even date hereof (herein referred to as the "Lease"). In the event the level of the Lake should decrease to the level of 2185 feet above mean sea level or below during the term hereof, the amount of No -Cost Water required to be delivered by the City to South Garza shall decrease in a corresponding manner for such time as the Lake shall be at such level, as set forth in Exhibit "A" to this Agreement. B. Point of Delivery and Metering. Water supplied pursuant to this Agreement shall be delivered to the District for delivery to South Garza at the rate provided by the Lease. A]I water delivered to South Garza shall be metered by the City at the meter installed to deliver water to the District under the Lease. The meter requirements and detennination of meter accuracy for the meter through which the raw water is to be delivered to South Garza shall be conducted in accordance with the Lease between the City and the District. C. Saddle and Tap. The District has elected, as per the terms of the Lease, as a cost avoidance, to not install a separate valve assembly directly on the main raw water line from the dam, and instead has elected to have constructed a saddle and tap into the existing main raw water line in order to isolate the City's operation from the District's operation. As a result, due to the fact that South Garza is being delivered the No -Cost Water by and through the District, South Garza stipulates that there shall be times or events wherein water delivery to South Garza shall not be available and that the City is under no obligation to guarantee that water will be available if construction or operations by or on behalf of City require that water delivery by the District to South Garza be temporarily suspended. The City shall make reasonable efforts to minimize the amount of time that the water delivery to the District is temporarily suspended, however, it is expressly stipulated by South Garza that City shall not be under any obligation to incur additional costs or expenses to minimize the period of time said water delivery to South Garza, by and through the District, is temporarily suspended. The City shall give South Garza at least 72 hours notice of any planned suspension of the delivery of water not related to a force majeure event. In the event of a force majeure event causing suspension of water delivery, the City shall provide notice to the District as provided in the Lease. D. Water Conservation and Drouzht Contingency Measures — Pursuant to 30 Tex. Admin. Code Chapter 288, South Garza agrees to develop and implement water conservation and drought contingency measures consistent with, or more restrictive on water use than, the City's water conservation plan (the "Conservation Plan"), and that the water delivered to South Garza pursuant to this Agreement will be used in accordance with such Conservation Plan. The City, in accordance with applicable law, may from time to time modify the Conservation Plan. South Water Supply and Service Agreement Page 3 of 43 Garza agrees to provide the City with copies of Commission approved water conservation and drought contingency plans prior to the delivery of water pursuant to this Agreement. E. Notice — Each notice under this Agreement shall be transmitted by certified mail, return receipt requested, and shall be effective on the date actually received. All notices and statements shall be addressed to: South Garza Water Supply, Inc. Attention: President P.O. Box 640 Post, Texas 79356 City of Lubbock Attention: City Manager P.O. Box 2000 Lubbock, Texas 79457 In addition to notices provided under this Agreement, the City shall provide to South Garza copies of all notices provided to District pursuant to the Lease. Either party may change its address by giving written notice of such change to the other party. F. Assignment of Agreement Neither party may assign this Agreement unless the party seeking to assign this Agreement obtains written approval of the other party. G. Compliance with Commission Rules The City agrees to file a copy of this Agreement with the Executive Director of the Commission, it being fully recognized by South Garza hereunder that the effectiveness of this Agreement is dependent upon compliance with 30 Tex. Admin. Code Chapters 295 and 297. H. Quality of Water. The City makes no representation or warranty as to the quality of the raw water supplied hereunder, and South Garza hereby releases City and agrees to indemnify and hold harmless City, its respective officers, agents, employees and elected officials from and against any and all claims, liabilities, demands, losses or causes of action of any kind or naiture, I ncluding without limitation, all costs and expenses in the defense thereof, arising from or related to the use or consumption, in any way, manner or form, the raw water supplied hereunder. I. Use of No -Cost Water. The No -Cost Water supplied hereunder may be utilized by South Garza solely for the benefit of the land to which the No -Cost Water described in the MOA and Easement applies (the "No -Cost Water Lands") and to supply treated domestic water to the customers located on No -Cost Water Lands as contemplated by Paragraph IV of the MOA and the Easement. South Garza may also provide water for normal livestock consumption as contemplated by Paragraph IV of the MOA and the Easement on the No -Cost Water Lands. The quantities of raw water delivered hereunder to the District, for the account of South Garza, shall be provided by South Garza to City on or before the 5'" (fifth) day of the next month following such deliveries, along with a certificate, duly authorized and executed by South Garza, that such Water Supply and Service Agreement Page 4 of'43 amounts were used by, and only by, South Garza and solely for the domestic and normal livestock consumption of South Garza's retail customers, as described and limited above. .l. Representations and Warranties. (a) South Garza hereby represents and warrants to City that South Garza, and it alone, has leased by virtue of the Kitten lease, the Water Rights and any and all other rights obtained or purported to be obtained under this Agreement, the MOA, or the Easement (the "Rights"), and it has not transferred, conveyed, pledged, assigned, or made any other disposition of the Rights. South Garza, its successors and permitted assigns, hereby indemnifies and holds harmless the City, its respective officers, agents, employees and elected officials, from and against any and all claims, liabilities, damages, demands, losses or causes of action and the reasonable and necessary costs, including without limitation, attorneys fees, arising from or relating to, in any way, manner or form, the Rights and/or the claimed or purported ownership of the Rights, by any party other than South Garza, including without limitation, the existence or purported existence of any liens, whether statutory or otherwise. (b) Kitten hereby represents and warrants that it, and it alone, owns, subject to the Kitten Lease, the Rights and any and all other rights obtained or purported to be obtained under the Rights, and that, except for the lease of the Rights to South Garza, Kitten has not transferred, conveyed, pledged, assigned, or made any other disposition of the Rights to any other party. Kitten, its successors and permitted assigns, for and in consideration of the benefits it will enjoy due to the delivery of water and enhanced development activities, the sufficiency of such consideration being acknowledged and stipulated by Kitten, hereby indemnifies and holds harmless the City, its respective officers, agents, employees and elected officials, from and against any and all claims, demands, liabilities, damages, losses or causes of action and the reasonable and necessary costs, including without limitation, attorney's fees, arising from or relating to, in any way, manner or form, the Rights and/or the claimed or purported ownership of the Rights, by any party other than South Garza, including without limitation, the existence or purported existence of any liens, whether statutory or otherwise. (c) John Ward hereby represents and warrants that he and Nonnie Rodgers Ward conveyed the Rights solely to Clifford & Clyde Kitten, Inc., and that Ward has not transferred, conveyed, pledged, assigned, or made any other disposition of the Rights to any other party. John Ward, his heirs, successors and assigns, for and in consideration of the benefits it will enjoy due to the delivery of water and enhanced development activities, the sufficiency of such consideration being acknowledged and stipulated, hereby indemnifies and holds harmless the City, its respective officers, agents, employees and elected officials, from and against any and all claims, demands, liabilities, damages, losses or causes of action and the reasonable and necessary costs, including without limitation, attorney's fees, arising from or relating to, in any way, manner or form, the Rights and/or the Water Supply and Service Agreement Page 5 of 43 claimed or purported ownership of the Rights, by any party other than South Garza, including without limitation, the existence or purported existence of any liens, whether statutory or othem,Ise. (d) South Garza, Kitten and John Ward hereby stipulate that the City is relying on the representations, warranties and agreements by each of them as contained in this Agreement, and absent said representations, warranties and agreements, the City would not enter into this Agreement and/or provide the contractual commitments contained herein. K. Limitation of Remedy. Specifically excepting the indemnity obligations of South Garza Kitten and Ward as provided in Paragraphs II.H. and I1.J., respectively, (the "Indemnity Obligations"), neither South Garza nor City shall be liable or have any responsibility, in any circumstance, to the other for any indirect, special, consequential, punitive or delay related or performance related damages including, without limitation, lost earnings or profits. Such limitation on liability shall apply to any claim or action, whether it is based in whole or in part on contract, negligence, strict liability, tort, statute, or any other theory of liability of any kind or nature. The limitation of liability provided herein shall not apply, in any circumstance, to the Indemnity Obligations. L. Release. Except as otherwise provided in the Agreement, during the term of this Agreement, South Garza, Kitten and Ward hereby release the City of and from any and all claims, of any kind, type or nature, to any raw water deliveries as provided in or pursuant to the MOA, the conveyancing documents executed pursuant to, or related to, the MOA, the Easements and/or any other rights, purported rights, or rights that may be claimed, by South Garza, Kitten, and/or Ward to any water from the Lake or any other water owned by the City. South Garza, Kitten, and/or Ward expressly stipulates that, during the term of this Agreement, the agreement to provide raw water by City, as set forth herein, satisfies, in full and total, any obligation of City under the MOA or the Easement to provide water to South Garza, Kitten, and/or any party claiming thereunder, if any. Upon expiration or termination of this Agreement, the Water Rights shall revert to Kitten and/or South Garza, their successors and/or permitted assigns. III. RETAIL WATER SERVICE A. Service to City. South Garza hereby agrees to make available to the City retail potable water service at delivery rates and volumes acceptable to City to the meter located south of., the north boundary of the Sam Wahl Recreation Area, as approximately depicted on Exhibit "B," attached hereto. South Garza shall make the service available upon the earlier to occur of (1) within ninety (90) days after receipt by District of the City's approval the Plan and Specifications of the facility requiring approval under the Agreement or receipt by South Garza of the Texas Commission on Environmental Quality's approval of the facilities required to withdraw and treat water from Lake Alan Henry and to deliver water to the Recreation Area, whichever is later; or (ii) June 30, 2008. B. Costs to Provide Service. The City is a commercial customer with demands greater than residential customer demands. As per South Garza's Tariff, as attached hereto as Exhibit "C", Water Supply and Service Agreement Page 6 of43 the City shall pay the actual costs for materials and labor for the road bore and the meter size to be installed. South Garza shall extend, at its expense, a four inch (4") pipeline at a point mutually agreeable to the City and South Garza to the location of the meter described in Paragraph III.A. South Garza will use this pipeline to deliver treated water to the Recrcation Area. C. Rates for Service. The total rate payable by the City to South Garza for such water shall be that which is set forth in South Garza's Tariff as approved by the Texas Commission on Environmental Quality for the meter size installed for the Recreation Area, which as of the date hereof is $300 for the first 3,000 gallons of water and $5.00 per thousand gallons thereafter. The City shall be billed for the water metered at the Recreation Area meter in accordance with South Garza's Tariff. D. Certificated Area. To the extent the point(s) of ultimate use by the City are not located within South Garza's Water CCN No. 13056, the City hereby consents to the inclusion of the Recreation Area into the CCN of South Garza. E. Compliance with Tariff. The City shall comply with the requirements of South Garza's Tariff, including but not limited to the cross -contamination and back flow prevention requirements. The City shall also sign the South Garza Water Supply Service Agreement, attached hereto as Exhibit "D." F. Termination of Service. The City may termmate retail water service to the Recreation Area at any time in accordance with the Tariff. However, to the extent the Recreation Area is certificated to South Garza, the City may not obtain retail water service from any other retail water service provider. However, the City may provide its own potable water service to the Recreation Area and South Garza hereby consents to such activity. South Garza shall take whatever action is necessary to allow for such activity by the City. South Garza may terminate retail water service under this Agreement to the Recreation Area in accordance with the provisions of its Tariff. IV. EASEMENT TO CITY A. Kitten shall grant, or cause to be granted, to the City an easement for water pipeline(s) Purposes, over and across lands located in Section 79, 80, 95, and 96, Block 5, H & G.N. R.R. Co. Survey, Garza County, Texas, upon the route and description to be provided by the City. Such easement (i) shall be located over and across lands that are not, as of the date hereof, platted as filed of record in the real property records of Garza County, Texas; (ii) shall be granted to the City at no cost; and (iii) shall be in form and substance satisfactory to the City. B. The existing easement between the City and Kitten, as assignee and successor to Nonnie Rodgers Ward and husband, John Ward, as recorded at Volume 185, Page 548, Deed Records, Garza County, Texas, shall be tenninated upon the granting of the new easement as described in the Paragraph W.A. Water Supply and Sm ice Agreement Page 7 of 43 V. MISCELLANEOUS PROVISIONS A. No other agreements, other than this Agreement, now exist or have ever existed between the Parties concerning the matter of this Agreement. This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof. No modification of this Agreement shall be of any force and effect whatsoever, except as by subsequent modification in writing signed by the Parties. B. This Agreement shall be binding on the City and South Garza and shall be binding on and inure to the benefit of the successors and assigns of the respective parties to this Agreement. C. The section and paragraph headings contained in this Agreement are for reference purposes only and do not affect in any way the meanings or interpretations of this Agreement. D. The provisions of this Agreement shall be governed by and construed and enforced in accordance with the substantive laws of the State of Texas, not taking into account any conflicts of laws principles. E. This Agreement is performable, at least in part, in Lubbock County, Texas. Any action at law or in equity brought to enforce any provision of this Agreement shall be brought in a court of competent jurisdiction with venue in Lubbock County, Texas. F. A party shall be in default hereunder if any of the following shall occur and be continuing: (1) failure to perform and/or be in compliance with any covenant, warranty or agreement herein; or (ii) any representation shall prove to be untrue during the term hereof. In the event of a default hereunder by any Party, except as provided otherwise in this Agreement, any other Party shall be entitled to seek damages, specific performance, injunctive relief, or any other remedy to which it might be entitled in law or at equity. G. Whenever the context requires, the gender of all words herein shall include the masculine, feminine and neuter, and the number of all words shall include the singular and the plural. H. This Agreement was prepared and drafted jointly by legal counsel representing the City and South Garza. 1. if any provision in this Agreement shall for any reason be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein and in lieu thereof shall be substituted a new provision that is as near to the intent of the parties without being invalid, illegal or unenforceable. J. The parties hereto covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the intent of this Agreement. Water Supply and Service Agreement Page 8 of43 K. This Agreement may be executed in multiple originals, any originally executed copy of which shall be considered to be an original. L. The Effective Date of this Agreement shall be the date of execution by the City of this Agreement. M. The signatories hereto represent and affirm that they have the authority to execute and hind the Party on whose behalf they sign below. N. The Parties agree that nothing in this Agreement shall create any third -party beneficiary rights for any Person. O. The term "force majeure" as used herein, shall mean those situations or conditions which are beyond the control of City or South Garza and which, after the exercise of due diligence to remedy such situation or condition, render City or South Garza unable, wholly or in part, to carry out the covenants contained herein. Such force majeure includes, but is not limited to, acts of God, strikes, lockouts, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority having jurisdiction over the subject matters, insurrections, riots, epidemics, landslides, lightning, earth quakes, fires, hurricanes, storms, floods, washouts, droughts, civil disturbances, explosions, breakage or accidents to machinery, pipelines, canals, or dams, and partial or entire failure of water supply. City shall not be held liable or responsible for any damage that may be caused by its inability to make the supply of raw water available to South Garza due to any force majeure event. P. This Agreement shall be for a terns commencing on the Effective Date and ending on December 31, 2029. Executed by the signatures of the parties below. CITY OF LUBBOCK, TEXAS DAVID A. MILLER, MAYOR Date: May 8, 2008 ATTEST: .PAP Fteb ca Garza, City Secretary Water Supply and Service Agreement Page 9 of 43 APPROVED AS TO CONTENT: Tom Adams Deputy City Manager APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Richard/Garza Water SUPPly- S Service Assnmt 041008 SOUTH GARZA WATER SUPPLY, INC. Cl0e Kitten,'President Dater CLIFFORD & CLYDE 11 KITTEN, P. gy; Name: Title: ,%��c'��t-ld'c—<- ' �- iolWARD Water Supply and Service Agreement Page 10 of 43 Resolution No. 2008—RO177 EXHIBIT "A"' To Raw Water Supply Agreement SCHEDULE FOR REDUCTION OF WATER WHEN LAKE ALAN HENRY REACHES 2185 FEET ABOVE MEAN SEA LEVEL LAKE PERCENT WATER REDUCTION ELEVATION IN NO -COST (1) WATER QUANTITY 2185 10% 2180 20% 2175 30% 2170 40% 2165 50% (1) Feet above mean sea level as measured at the intake tower USGS gauge on January 1st of each year. Water Supply and Service Agreement Page I I of 43 Resolution No. 2008—RO177 EXHIBIT "B" To Raw Water Supply Agreement APPROXIMATE METER LOCATION AT THE SAM WAHL RECREATION AREA Water Supply and Service Agreement page 12 of 43 Resolution No. 2008—RO177 Exhibit "C" South Garza Water, Inc.'s Tariff Exhibit C "'ATER UTILITY T ARIFI: FOR K� o0pS7 Scl110l Cia-Ma Ui'atcx Suppll�IMOI iaor U-0 W Luhnock Stree: (Unfit, -ECK) ;BLs11cs; A Wrr_s , Slazon, Texas 393r 4 , fOt$ ° -185-7400 (':;iy. S4LLC, Zii -bdt (Area Cadrlrr.3e.;i!vw.cj This tariff is effe:::.(va for ulilit} s_ipc-rat: ins undsr the following (-. ;tificate of C:onvenienx-t and Necessity: I? This tariff is efi'c::ivr :n the foilnwiag Cnant} : QL0 I'his tariff is of€e_tivc :..:he foliam-ing Cities w uninc.)rparated w•.vns (if any): gone This tariff is of►cnive in tie following subdivi.,ions and public writer systems: ><Fnrtr Ridge Wale- St pp! : f'orlior3hon PUNSt)s 5[H?4 TABLE OF COR'T-NTS The abo we unhty Lists the following sections of i.s tariff (if additiona' pages are needL:d fora sc.-Jon. al r:wes shoule ne rumbui-nd consecutivelv). SECTION I.0 -- RATE SCI-IF.DULF .............. ° ..................... ... SEMOti '_'.0 SERVICE E RMLE,:S AI`TID POLICIES ........................... 4 SEC CIO\ 3.,) -- FXTENSIO?N POLICY ........ ....... I I SGCTION 4.0 -- DROUGH1' C;[iN I-Ni7jENC'' PLAN ....... ..... . 16 ,kPPENDIX A - SANWILw, SERVICE AGIRJ-:1:.MFI T APPFN7D!X B -- APPLICATION FOR SERVICE ptJZt-TARIFF n.�lf 3 Water Supply and Service Agreement Page 13 of 43 4 raL,,cr, V'ater UtzliT-� Tariff N-e No S1-,',--'T10N 1.0 -- RATE SCHEDULE 5ecjion 1.01 - Rases M-'LCT Si7e M.- mum 5i 8 or 5!4 S I -.00 S 3 S. 010 40.00I 60.0 4" Gallonage Churs,c per I ijc(; guilow thartzfic-- FORM. OFPAYMENITT: The utility will a --cep; the following forms ofpayment: ('ash X , Che.-k -__2S-_..Monc,-0r.1er X (,'rcditCard 01(iptcify) TIJF '711-ITY MA' REQUIRE FXA(-rCHANGE rr.)R I'AYPll&"'*-.'--% A NI) MAY REFUSETO ACCEPT PA1,.1,4EN7S MADE CSING MOKE THAN SI 00 IN S,'YIA'-L,- COINS. A WRr,'T['-',,' RF.CEIPT WILL 8e GIVEN FOR C1%SI T PAYMEN7.S- F-F,'GULA.TORY ASSF-SS'VM- N7 ............ ............................ .. I TCK) Rt:LES K--F- OF ONE N.E110ENT OF THE RETAIL MONITTILY BJL— SC-A10D-1.02 M'jscel "In-0 Lis Feel TAP FEE ................ .............................. .............. 4!�00.00 TAP STANDARD TIHS"DWHAT., 513'o., 54" MFI'Ef?.. AN ADDITIONAL rEF TO '1-.0',1ERUN!QL'F COSTS IS PFJ1-A1'-rrED IF LA SMTN ON TWS TAR f=F. l'-AP FEE (Diiauc costs) .......... .... ......... . ................ Actual Cos-, ,� TLA1- FOP EVA M PLE. A ROA' .) SORE FOR C, IS TOMFRS 011-SIDE OF SUB DI V1S IONS ORR Es IDL Tr ARRAS. TAP FEE (Large, meterl.................... ..... .. ................... Actual Cost TAP FEE Is THE I ",'1 -1 I-Y'S ACT'-)o%i- COST FOR NIATERIALS AND LABIOR FOR METER SIZE INSTALLED. METER R0,0C.-A.T10N IT-E ....... Actual Relocation COST. NOT LC Ex--Ond Tap — _LM THIS FEE MA� Ik. CJ-,AkGET)iF A TIAl A` EXISTING METER BE RF•LA'1CAMD. RATEti LISTED ARE EFFEIC'17[VE ONLY I.F'FV,IS PACiP, F'AS TC.-EQ APPROVAL STANV JUL Water Supply and Service Agreement Page 14 of 43 South Garza Wa-)r., S; pn-IV L 6r,. 4i Mier T1t.iitr Tlu;t; i'ag; No. 3 S`T-,M N 1,0 -- PATE SC:1.EC)CLE (Conunued! MEITER TEST FEE ..... ..................... • ................. ..... ... '71fiS FEE WHICH SHOULD REP;..F- "1" THE UTIL17` 'S CO-ST MA" RF CHARC:ED IF A C'JSTO'1 R REQUESTti A SECOND'v [70k FES- W!—, -IR A 'r i'v0-YE.AR Pf:k IOD AN'D THE "rE.ti3TINI)IC:.AT,ES THAT M F'TER IS RECORDING AMiRATFLY, 7HE FEE MAY NOT LXCEvD S25. RECONNECTION FEE THE RECONNEC7 FEE Nl+-I.C'f BE PAID aEFOKE SERVICE CAN BE RESTORED TO A CUSTOMF-R WHO HAS BEE,\' PIS'-'0NNE""6D POR 7'HE M-1,0MINC; KEASONS (CPR OTHER R6-60INS LISTED UNDER SECTION 10 OF TH;S 7AR[1F): Non payment of'Jill (Max mur- 5�5,(1O1 . . . ...... ................. Si35.IN1 h) UusmmeCs rc quest that service ibe clisrar; rectcc .................... S25. TRANSFEP, FEE ... .......................... ........................ $ 0,00 THE'7MANSFER PPF WIT..I. BECHARCT'D '.OR CNANGINc, AN ACCOUNPNAMF A'T THE SAME SERVICI= LOCATION NVIIH1 TH E SERVI: E IS NU'I DISCONNEC.T'ED L-,s,`1T;(-lIARGF iP.1'F1EP.iso0ORMly,OFTHE $;:,I.) .................... .......... JLLQ� 1•t:l ? RULES AL OW A ONE -TWE r EN aLT:' TO 9F CHARGED ON DEUNWE %T B[U-S A LATE. CHARGE MAY NOT BE s,PM 1F't) TO ANY &M-ANCE TC+ .k'Hh_.); 'I HE PENALTY W AS 4I' UEG IN A PREVIOUS B11-1,ING. RETURNED CHECK CHARGE ................................. . 125.00 Ri l URNED CIIh:C K CHARGES .h+l NT 13E EASED ON TI1 LTILITY'S WY-A.1IENTABLE COST _.. C JS'I'C_I;vIEFt 1]r F'c7SIT RESM1 NT1 AL (Mammurn S50i ................. ...... $50. CO-N RCIAI.. & ON -RESIDENTIAL ➢EPOS17' . li6rrf 0I` ESTIMATED ANNUAL rile. GOIVERNNiENTI AL TEST J NG, P\SPEC-FION AND COSTS SURCHARGE ........ I . . WHEN A UTHOR12M IN WRITING BY TC_EQ3 .AND AFTER NOTIC:I- TO CUSTOMERS. Thf, U',- 3TY ?,lAY M-REASERATE' TO R CQ'TR NCRFiASEV COSTS FOR INSPwCTION FL-ISS AND WATER TESTING. ! 10 LINT•±, EXTE SIGN .•AND CONSTRUCTION CHARGES: REFER TO SEC: i• ON 3.C-•E'XTENSION POLICY FOR 7iITh4& CONDITIONS. AND CHARGES WHEN NEW CONSTRUCTION IS NECESSAR•r TO PPON'TDE SERVICE. RATES .ISTEZ) ARF I:ITECTII1E ONLY L; T'HUS PAGE HAS TCEQ APPROVAL STAMP TE,4r Ir. r. ,' rVNI. V-i ENN; I.1�1. viU!I11 Water Supply and Service Agreement Page 15 of 43 Souf—i Ouga l�'4.er S1 ,lliv ;'ar��rn atEnt�. Water litility T2.riff Pagc No 4 SECTION 2.0 -- SERVICE RULES AND POLICII S T he utility will have the most : uirunt Texas Commission or. Environmental Quality Rules. Chapter 29 1, Water- Urilitti Regulation. available at tt5 mfrce for reference purposes. 'Fhe Rules and this tariff shall he avaiiahie for pubic :nsRaWon and repruductiun at a reasol"Able cost. The ]ntcst Rut cs or Coinmission appro,�L:c .:.;ante; to tie Rules supc:sede any rules or requirernen.s in this tariff. Section ? A - Annlication for WaW-r SerL3ce Ali applications for sr,:r111ce wil, he make on th_ utilitv's standard application or contract form (attached in the Appcudix to this tariff), will vc si,-r&z;e by the applicant. any reyuared tens (dePosms, recorineCt, tap. extensuir fees, etc. as applicable) wi; be paid and e.3suirients, if require4ce- will be granted before service is pruvidvd by the utihrti. A separate application orcontract will be made for each service ocation- Se,:,tion 2.02 - Refusal of Service. Ttie utility may Lccline to serve an appli"trlt ant,l the applican: has cornpiiuj with 1110 regulation's of the regulatory agencies (stag•: and munici;)al regulations) arid, for t1w teasons outlined in the TCEQ Rules. In the even. t :ai ,h : urilit.v refuses to sere an applicant, the utility will irtfo;rM the apphC&nr in writing of the basis of its refusal. Th:: i:tility ;s also required to infurm the applicant that a compiaiut may ire filed with Lfic Commission. Section 3.03 - i+ePs anti C arwes & Ei ,mots Reou red Before Scrvicc Car .Be Connected (Al Customer De pesits If a residentirl applicant cannot establish credit to the satisfaction of the uti`•ity, the applicant may be required to pa'N a deDusit as provided. ror it Section 1.02 - Miss, ellaneous Fees of this tariff. The Utility will keep records of the deposit and.: credit intcrw,s: it. accordance with TCEQ RuIcs, Residential applicants 65 years of age or older may not be requis-ed to pay deposits unless the applicant has an autstandirig ac, punt balance with the utility or another wateror sewer utility which accrt.ed within tic last two Years. Non esidentia. applicants who ;annnt establish credit to the satisfaction Of the utility niay be. rcquireel to mLke a deposit that does not exceed an amount equivalent to one-simh of tic estinnarcd ?t.al bi?rings. Reiunc of d,;poslt - It S'",Xte IS 110t ZUF111CitCR; or after dls Uni C• iICI? of s rvi;e, tt-z 11t'.itty w411 pra:-rip IV t-efund tht custo:rier" sdcl,osit plus, a;;�;rued interest or thc, balance, ;# any, ;rr excess or the snpaiti 1iii1; for se ,lire f u nis;t.cd. Tl;e un iiry ma, refund the deposit at any tame prior tc term:nation of tttili-y service pint must refund tfe dspos,t plus _ntvrest For anycusmrrter who nss -laid Is consecutive b1dirws u•.`hnut being deJincyuen',- <<k,S Water Supply and Service Agreement Page 16 of 43 South Gr:r_, WV aci S t_o ora:ior, Wat-j'_ttiiity Taril"' Page No SEEC'TIDI; 2.0 -- SER\ ICE Rl-:LES AND POLICIES (Cun inuc:d j (8) Tz . or r Reconnect Fccs .5 new custamar reques,inn se; . ice a. a location where service na—, not previously '?eer provides: must pay a tat> i':;e as })rnvided in Section. 1. A--US101TIer reouestirlg service scrvice has preyiutcsly 'LJCG;11 pl-nvltied 11USt pay a rcctmne,=, fee as provided it: Section 1. Any applicant or eMSU112 cu,storrier required to pa Mr arv' cn is not specifi;;ally sc forth in the rate sci?eeuie pages of This tariff shall be fgivcn a written explanation of such c:os*.s prior to request for paymtmt and/or cor-arnencement of c o,,ist,•uction. If the i pplicant or cxis,ina etis°rimer does nUt beIievC that thUSC costs are reasonable ornecessatti, the applican' or existing cus=omer shall be inf ormcd of their right to appeal s,ich costs to the TCEQ o: such o7 her regularon, authority having urisdictior, over the tni lirysrares in that ponlon of, -The utility'sservice area in which the applicant- sorexisting customer's prnpeny(ies) is ;iiat::�- Fees in aiditu!n to the rc;�ular tap fee rnav be Chargec if listed spwifically in Section. I io cover unique cost,, no'. normally incurred as perrrittt:'(J by 30 T. A. C.=91.$6(a)C 1)(C), For t!xarripie, a road bore fui- c:us,aTners outsrie a subdi,,ision or iesid;2:ntlal area Could be C-:)T131UCt':.L A 111PgUe cost. (Ci Ersemeni Requirn.micril NVI,1 re ncvrdrxd LIUbrie Utility easements on tic se.rvics applicant's proven} do nc)t exist or pubiic. road righT-of-N-av easements arc not available to access the applicant's properry, the Utility may reql:tre the applicant to provide it with a perniancnt recorded public utility a serrent on and across the applicant's rea; property suftrctcnt to provice service to that applicant. Such casement(•; i chgl; noT be used for the construction. of production. stomg;, transmission or pressure facilities uniess then are need;d for acit.qurte service to that applicant. ier—uen 2.0 tilitp ReSL�onsc to Aj)plica`rions for Service After the: applicant has met all the requirements.:onditions and regulations for service, the utility will irstall tap, meter and utility cart -off valve and/or take all ncc,=a.ry actions to initiate service. The utility will se:ti: each qualified applicant for service within 5 working days unless line extensions Ur WAX facilities are rec;uirec. Ecunstructsnn is required to fill ,rie order and if it canna; be completed within 30 days, lhu wility will provide trie applicant with s w-ritten explanation of the construcnon required ant:; an expected date of service, Except for -,arse whore strvic.e has prt:viousl} been provided, sevvice will be rc;;ontloct,: ', u;thin one woAon=-, day aft;r the. apulinaut has, ,yet the requirernents Co. r rxmnection. So -Tr -in 2-05 - Cttsf.grirr Knwtinnsis?i;it. The customer will 1, resrxonsible for furnishin_ Find laying the necessa.-~ custornerservi:_:c pipe from t,-te Meter location to the place o' consumption. Custo.rters will not be allowed to use; the utility's cutoff kalvc on the ut":ty'S side, of iris meter. lExi.,ing customers may install cutoff +.lives on their side o4 the ti freT and are unto iraecd to do zu-, AL nea l-'•swrat:'S may be required tc. install and rlaintatn a cutc.f solo;. or, their side of the rleter. TEAS CO+.aloe,.0, EENAOl',#AdElr- Qt;.AT.1' APPROVE TAR!FF r r a Water Supply and Service Agreement Page 17 of 43 SOUth C�-Za W'Acl tiurrPly CoTariff P�_c No, 6 E,C TiOIN 2.0 -- SERVTCY: Pk,.L.ES A.ND POLICIES (C:unLinuedI No drrec:t uonneetior. between a pubirc eater supply system and any potential source of contarninaur')n or Mwecn a pubbc watc:-soppiv systerr. and a privau: water source (ex. private well) will be allowed. N tt'atorac-r shall not connect. Or tdiow and Other Berson or pang conaec.t, onto any water lines on his p:ern;ses. Section IN-) - CusLOnrer Service inanact}pr.y Appiicam,s for new servi:_c connections ar zacjliuc,s which have undergone e.mensive pltmbing modifications are required to furnish the udli y a completed customer service inspection cerifi; ate. The inspection cv:tificate shall certify Leal the estahlishrnt;n: is in compliance with the Texas Commission on Environmental Quality Fines ar;d Ile€ulatrnns for Public water Systems, Section 290.46(F). The UO!in• is nor requirae to perfnnii thGsv, impecnons fa' the apphcaLfcu:tnrncr, but will assist the applicanticusromer in locating and obtaining the se:^vic_s of a certified inspector. S ttiC+n =.0 w_Back Fine; PNvcnttor_Dgtti -7 No water connection shall be all;7we:d to any .-esiclence o-esrablishmCT-.L where ar actual orpotential ::unta_ntinatior. hLzanb exists unless the public wat::r facilities are prote: red From contanitnatiun by either En approved a;r gap. back -flow prevention assembly, or other approved device. The type of device or hac lom! prevention assembly mquired sixal I be deterniinad by the specific po%:ntial hazard 16cntiried in § 90.476) Appendix 1, Assessment of FLcLzards and Selection of Assemblies of the TCFQ Rules and Regulations for Pablrc Water Systems. The use of 4 backflow p'eveniion assembly at the 5crs-i: a connection shall be considered as additional bacldlow protection and shall not neaat:e the :use of backnow pmtection or, internal hazards. as rrutlr ned and enforced by ioea! plumbing codes. When a custurner service inspection c:;rt,fieate )ndicazes that all adeq,,ate internal cross -connection control program is in effect. back -flow protection at the water service erntranL;c or metier is, not requircd At any residence or estabiishrtcat where it has bet:n deferrn.incd ny a customer service iry pjx= 0n, mat thee• is no actual orpoter;rrzl contartinauon hazard, a,; referencedin See!ion 290.47fi r Appendix :+ssessincri of HaLards ane. Selection of Assemblies of the TCEQ Rules and Regulations for Public VvaterSNsrcnts,then backlln-wprcventionassembly o)-device.isno" required. Outside host gibs do require. at a m.mimum, the installation .end maintenance of a workrrS atmospheric vacuum, hi ca k�r. A'] hackflow Yr c vrr lion assemblies or shall pe twice urpor, installatior b;: a TC-EQ cer tifi�d ba";r;ow pre =ration assembly tester and ocr:ified to he o?emtin_ within su--cifrcatrons. Bazkfow prcvcnt;on assemhlres which are ::?stalled to prcivide protection. against Iraslth hazards imis, alsw be tested and cerrlf eo iU Je operannr; w.thm speclf c-Ltrnn[ at least annually hy" a ter-tif-k-d r,s3;kflow piCv,- nnon assernhk tcAcr. T_;" 1' — OMW_ ✓^I �.`J'�rlR 3Nh#` tit t O'Jk,I-v c � i I r, 'LIrs t.�oH 1i1r TARIFF W_ 1'P.B Water Supply and Service Agreement Page 18 of 43 SJ UJI Ga—Za S111101v C Gip.,-aLior Water Lttility Tanff Page No. 7 SI;,C"PION 10 -- SERVICE RULES A'\'D POLICIES ;COrlt riucd) If the utility- dezerrn4nes that a backtlo4v prevention assembly o- device is required, the utility wall provide the cusLumer or applicant with a :ist of TCEQ r-ertified back -flow prevennon assembly ,csIcrs. fIW CL'S[p[IIC : till! J� [�SplSllSlbl4 rGr `lit' CL)St l5: inSC iliall ri and Izs[]n ]f any', O£ f3ackf14'�: tirevenri nl assem;)ty or Li=vie The cusloirlcr shouId cowac;t sc:vcra�' quali Wd installers to compare prices before installarb m. Tile c.risrorne- rl::st pay tot any requiter; rrainrennnee and annual tc stittn and ]rust furnish a copy of the test resuhs demonstrating that the assembly is functioning properly to trio utility '-A itbin 30 days after the anniversa-} date of tine instal abort unless a different date is n raed upozr . Section. 2.08 - At.cess to Cusr's,Premise- The utility wW have the light ci access ti, rhn custornr_-'s prerniscs at all r;asoriabie tunes for the purpose of installing, testing, inspect -mg or repairing water mains or other equipment usca in conncLitium wi.h its prop:sion of water se -vice, or for :he purpose of removing its property and disc-111nec nC itnes. and for all otlu_r purposes naccsmi v to the operation of the unlit,' system including inspecting the custom's plurnhing for code, p?umhing or trai f f vrcthmons. The custorriet sha?1 allay., Lire utility and its personnel access to the custome.=s property to=orduet ar.v waterquality, :gists or inspt!mons required by law. Unless m xssary to respond Lo equipm snt failure, leak oT other condiuon creating an r-m-nediate threat to publlt hearth and safety nr the cantinut�d provlsie11 of adequate Utility scrvlt•e :tr other,;. such entl-•; upon the customer's property shall be during rice. nal tluciness hour., and the utihry personnel will atnampt to notify the cumorricr tha_ they wilt be working on the cus:omer's proxny. The customer may require any utility representative. employee. contractor, of agent sceUig Lei make such entry identify- Lhernselvm, their affiliation with the utility! and the purpose nr their entry. :all CLus[arrIM or st.rvicc appiicams shall provide access tt; meters and utility cutoff valves at ai, times reasonably necessary to conduct ordinary utility business and att,:T normal business hours as needed to protect and preserve the integrity of the public drinking water supply. .Sectluri 2,0� - Meter Renuirc;mcnts, &.ad-,ngs. and Testin, One meter is required for each residential, commerci&i, or industrial connection. All water said by the utility will be binto: brnsed on meter measurements. The utility will provide, install, own] and ]lmintair. meters to measure a-rnoun[s of vvste- corisurned by its cu' turners. h2eters v.'il; he read at m.yn'My intervals and as ne: rdy a Il.lssihie on tile i:.?rTes;)"Myrna day o cach month!-%• mete. reading period unless otherw':se authorized by The Co-nml ssion. N10ter rests. the t:tii:tt w•i:l. upon [he. J-CCuCat Of w euS:umer, and, if UhC customer so desires. jr: r:;s cv hz:r presence or in that o`ilis or her aU*LhOlird rrpr�;s.;rtanve, [nake without charge a test of the accuri-.y of the cust;lmer's m,�zer. I: r'1e cu to}:rice asks to obsc. ve the. rest, -die :: st will be malt during Irte LIL111}' S normal o;n-klna hours at Lk tin m convenion- ICE [he ciwonl'r- Whet v-_: �, �... ON �W'l6Zv'> Ea, J'Lli *?ROVED TART== Water Supply and Service Agreement Page 19 of43 S•ottrh G rid 1�'ate'.S;rpn`r C'nr�oratior, Water Udiity Tariff Page No F SECTION 2 6 -- SrRVICE RULES AN-D POLICIES (Cominurdj tits test wit he mlc e or the c�rstotner'spremises, bui may, a: the udliLy'sdisciet,on, btu nia, at the utiLiYsie-ing facility. If w:tnin a period of t\tin vess the cusiomerrequests a new test. the utility will intake tne test, but if we meter i< bound to be wrthir the accuracy standards c;stahlish:xd by the AiaTaricarr Wvaev'vv'orks Associatio-_ the utility w 11 charge the cusr��tner «few w'itich refle:is tlic ast to test ihv meter up to a ,nsximum �2� for a rLsi��ent,al customer. Pollawm^ the completion or flny re4uesied test. the utility will pronipil4 advise the cus.Umer of the date of removal of the meter, the date o- the test, tie result of thm tss;, Uad woo made the test. Sectiion 2,10 - BillinP1 i,f1,;i Re�ularB�llinQ Bills from the utility will be -nailed Inonthly unless otherwise authorized by ilia Commission. TPe. dose date of bills for unliR: servi,--c will be at least sixteen f l Gi days from the date of issuance. The pcistinaric on the bill or, ii titcrc, is no postmark on the bill, the rezurded dare of mailing by the utilit+- Will Consiitutc proof of the date of issuance. Patinieut for utility service is deliryuent if full aayrnenr. includir:, late fees and the regulato- assessment. is not received at the utility yr t11e. utility's autlionzed payment agency by 5:00- p.m. on the duo date. If the flue date falls or. o holiday or weekend, the due date fur payrrtent purposes will be the next workday after tite due date. (P ) Late &e A late penalty of eit:-ier $5.00 or 10 0% will be �-,Jasrged on bills received after the due date. Tne pcnahy on delinyuc::,t bills wit` not be applied to any balance to which the penalty was applied in a previous billina The utility mist wainutin a r,;card of the datee of mailinc, to charge the late penalty. (C 1 info=ation on Bi I Each bill will provide all information requircu by the TCPQ Rules. For each of the systems it operates. the utility will maintain and mate on the rnonihl" hill a local or toll -free telephone number far ntinlbersl to which customer's can dir ct questions abnat their utility service - A (D) Flniramd ills - If ser ice is in en-upted or scrinusly unpaired for 24 consecutive hours. ormore. the. uLlhty will prorm to the nwnthly hase bill in proportion tc; the time scrvic:e was not available to reflec:i this loss of ;t—vice. Section 111- ta,.mcnts Al'. pr: j. ants for .-rir'v ser4tcc shall bti delivered or alailed to the utility's ID SirreSS Offive. if the bus'TWSS Of ic- fai l; -o mcciv3 payment prior to toe tirrit3 of noticed disconne:;tiur; for non -pay'„ crit os a aeiinrlu"unt a count. smm ;ce �,v l bet• terininatrd as c„1sVduleu• l3t`Jlry s-rYii �i'wtrS Sil`ail not be allowed to coilec' pa hunts on customer accounts ir, the field, Pcvnimt of an act sari! by anv means that has hewn dishonored and r:.tutned ny the pavo- cr oaf=ee': to ok, :nil: he dG� fried to be cie.i nqueri.. At' r'eta-•neJ payinents rnus. be redeernad with cash or vaild LEM�kl��i�2ufLlr _ . TA APPROVED UR19C Water Supply and Service Agreement Page 20 of 43 SQuth Ga-.a WUU7 Ssn=1%' L-OM. 3r'HiiO4 j' amr Uijiw Tariff Pay No. G SECTION -10 -- SERVICE RULES AND PG ,1CIES (Continued) money oroer Ito custome- ha; rwa returned aavmenrt wjthm a ra'elve month ner€od, the vustotner sisall, he rcou-i-ed to imv a deposit if one nas not already been paid. $-ctior 2.1 55 tics D,,sconncc ion (A) With Nguce Utiliv, service may be disconnecter ii the bill ha:. not beers paid in frill bN. the date i.sted on the lerniinauun notice. Thu teri ina6cm date :dust b:: a,t :cast 10 days after the notix is mailed ur hand del; VC: '.d' The urtlity is encouraged to offer a dt:f=-t-,d payment plan to a Customer who cannot pay. an uutsiaTiding bill in ful. and is willillg to pay the brl anCe it reasonabic installments. However, a customer's minty servi:e may be disconnected if L hill has nor been paid or a deferred payment agreemcmt entered into within 76 days frorin th:. date of issuance of a bit; a-nd if proper no ioe of te_mminatiun has been �!rrcn. Notice of termination must be a separate mailing or hand delivery in accordane.e with the -1 CEQ Rules. (D) Without NO-zice Utiliv. su.vicc may also toe disconne. ted witritc.ir noece for seasons ar duscribue in the TC.EQ RuICS. SeCiion � � I%et.:ornek.tic?r; of 5rrvit-c Utility personne; must be available durin'g normal business ho= to accept paymems on the day service is disconnected and the following day U(JeSs service w'as disconneced at the customer's I G(jilus: or d= to a hazardous candiaon. Service will be recorrecwd within: 36 hours after the past due bill, reconnect fcrs and any other clutstandinl; chat-gos arc paid or the co;:4, tions which carried service to be disco-mzccu-ct are corrected. Secti !n- e In=—u—ptions The otziitl u;_' make all rcasanable: cffons icy prevenr 4ntt,muptions of service. it inter-r p!ions uc;4ur, Ow Lltil.ty wrl! rc-C}ta lish se' vice u•iftr the shortest pofsible unle. Except for rnontv,ftary intrrnIDI' ris due to a :.orratuc quit? -nevi opera -on;, the ut:lit_a will :peen a compie-I reeard of it interrti�tians, t?oth a mer€en:v and scheduled and wf l notify the Commission ,n wn ing of am seniice ante-tupti m, �J(C6ng he entir-c slystum or any major envision oF th-v sysLerr- listing more th'dr. rGLir tiJ S_ i hC IJUtiGO '-A':11 CX�JhiM tnC CB,:jC Oi EhC inl*!:; i:�lt€XIS. ?E.x�,'-. v�J fl t�'I _�tt'lr{1! ,r_rrTr LJXJTY APoR0°JE'D7ARiFFec!L- ' Water Supply and Service Agreement Page 21 of43 5o111) C_ihl--2 SuI6 C smc,ratilIn Water I-AdAy Tt^.ra (i Page N-ri. I f} SEC-'ICN S.0 SERVICE RULES .AND POLICTE'S iContinited) Sc", 't;on ,.I? - Quaht% of Servi::e The utilav will plan, furnish, and riaintain Urrri.iuctian. 'rcatmenE, storage.. transmission, and distribution facilities of sufficient size and capacity to provide e. .onzinuo" and adequate supalN; of watcrfo-rall leasonabl consumer uses. aa.horired by the Con:r<lission, the utility will rl3intain }tic.:laws as bescr'boA! in the. Texas Commission or. Environmental Quality Rules and aRulatio:ss for- Pu'nhe Water Systems. Suction 2,16 - Cus orner Complaints and Disputes If a customer or appiicant for sei vie:--- Iocigus a cori�I nt, the utility will prompt?y maize a suitabi: investi-ation and advise the complainant of the results- Sul -+ice Will no'. bu disconnccred r7endiri; cnmilvtior. of the.. invt.:sb-ation. If the cotrplainan: is dissatisfied w)th the utility's response, the utiliry must advise the c:nmpis:inapt that lic has recourse through the Texas Commission on Erivironmcnta° Quahry Complain! process Pcrdint-� resotut;orl c,"a coMplaint. the carnn3iseinn nnti require oor,_inaatior. or recto-ation of ,wrvicp. The Unh-N. Will mainzain a rec:_ard Lv ,:II complaints which showq the name and address of [ne con plainam, the date and nature of the cor phtint and the adjustment or dislrosition tl+erca:; for a period of twc+ years after the final StUiCrnenr of the cOmplaint- In the event of a dispute heuween a customer and a utility rozarding any bill for utility service, the utility «'ill condu,:t an investigation and report the re,ulr; rn the zastomcr. If the dispute is not resolved, the utility wiN inform the custuiner that a complaint may be filed with the Commission. Soctio n 2.1' - Customer Liability Customer shali be liable for arN c�amagc or injury 'a atiiity-uwned property shown to be caus(:d by the customer. Vt' k!4Hlfl');1t1Y.:N'A_ , _ATV Water Supply and Service A=reement Page 22 of43 South Garza l','at S:_}a.l\ 0-1--PorajgE 'k1'atcr Uh'ii'.y Tariff"i Pa«(,• No. l 1 SECTION 3.0 -- EXTENSION POLICY Scc,Twn 3.0. - St inda�-d F e; ,,.Lion R.e, wremrnts LIXE- EXTENSION .4NI? CONSTRUCTIOIN CHARGES: NO CONTRIBUTION IN AID OF C:'OI, STFZ'UCTION NlA'I' BE REQ UIRED OF ANti CUS I'C)I\ti R EXC--:P I AS PI2C) V1DED FOR IN M1S APPROI-2ED EIXTENSIOR POUC:Y. The Jtility not rNuired to extend scr vice to any applicant omsirk of its certified service area and will oniv do so under tarns Lind cariJitions mutually agrUe«ole to tlic Utility Hnu the apalic.am, in ..1F1T7l1hiin"C' �t'itll '1'Ck:=�1;'ti;et anc pohc�es.nnd itpan exten uor, of the I.iti liC� "scet�tfie[i service area houndunec hY the C E-Q. Tate applicant far scrtiice wil' bo giver: an r:c,ruzec stntr relent of the costs, aUtions such as re.E�atcs ttio the cu51o:my=. shanng of con: ,ruction casts between tale uttim, and the customer, or sharing of costs between the customer and other applicants pT-iu- to btLnnning construction. Thy Ut".liry is not required to extend servicE- to any aITphcar- nu'Bide of its certificared service a!'Cr ant w i'.I only do so under term: and condi_lons mutually ag:reeable to the Utility and the applicant. in compliance with T C.EQ r-t:ics tent. politics, and upon care. sign or the; Utility'sc rbficatc:d servi::c ]-Ca ho[in c21iies by the TC-FQ. Sutji v- 3.02 - irs.s Un ides and Se.rvlce Adaniiea-t-s Shah fsc ar Within its certlfied area, the utility will pay the uost of CRC first 2,00 fen of any water main or distri;?.;tion line nc.c.essary to extend serv}ce to an s ndividual residcm.i:il customer widim a platted suhdivision. if the r--&dcntial ct,starner retluestii c Service ptlrcmisei the nrC)I'�eIYv after the deve:laper inns notified in writing of the n=d to provide facilities to the utility, the utility tray chwCe for the ;, st 200 feet. The utility must also be able to do::umr , that the. developer of the subdivision refused to provide faciiitir,s .oinpaiiblc µ'ith the unilitw'sf-cicilities In accordance with, tlrc uti'ity'sappi'uvcd Xtc 1T5:Dn policy a't'= re; elbl',la a wrinen request from the atlhty_ Residential ctLstomtas will ire uh: -,-ged the tytlival_n: of the costs of ex:endinservice ltI their pruper,y from the near st'.ran5rrvssiuni t)r llirrilm.;tion jIne [;vcii iT that ;:n:; CIC)a& not navC adCgtlRl ua�auits t<" s�ryc tht zustonl r. Hnkkaver, if the vu;tnrner ,ijacz- un;gia�, non-standarc -service cleFrial-LtL .L On the i"; ern, rile cws:onier -n Y ne chaiyed the additional Cost o? extending service to �ni t .'OLt`hi� I. tlietr fir.^.7e..1", : lClt'�tt1C the cost of ail ne:e..ssary G'3nsmissicn and star3gA 1'aCli:tle3 necessi-v to mee. the service demands anui ipated tc: be :-eared f -, t iFit pr(.)aerty. yT ICSS an CXCt;ptlOTi iS 5:._'artt:-'d l'll' rile 1TlI•Q's 'Hxe::urt vc Dife-mol, the resi&ntial CPf .°iCe Rpl:) iCc= sha I not be rear fired ra Pay ;or cos s of inLin ex:--risinn` QTea= th- an T 'n diameter for water ctsirin-.itiri� ;-. d r!re:CS1re v,asLow Ilercollectior. fi na s and 6-in dianteter foraravitywastewacr lines. 'i,1, "'DW; ti)M. jj 4PPR-3'J=' TARIM J Water Supply and Service Agreement Page 23 of 43 5cj:1.:11 walcr Suty:ilv [_.c+r'lrcrr'n'ir,;, Ware UtilitvTari;f -%i) -_ L.'XTEN-SION FOLK Y (Coi.zinuedr Exceptions may U; -ranted by the 1 CEQ Executive Director if adcci<<ate so. -vice ca nn of be provided to thcapplicant usmng the maxis ii:_ i lint- sizes "listed due to d;5,ance n elevat;on, in whiz i case_ li shall >Q the ut]lity's htmrden I'0 JUStify trlaL a larger diameter pipe is required for adequate service: sir la-s-cr ,i.Ttimurn imr: stz.cs a^ r x;.lirud und: rsubdit i3i0ti platting, n;a uirtmrnts orbuildin v cods of munizipalines w•irhtn whose ml-p irate limits orcxtraterrirar:«1 jurisdiction the point of use is Located: or the residential service applicant is located outside the CC:N service area. if an. cxcL.ptian is -ranted. the Utilitz;° shall cstabiisl; aproportional cost plan for the specific extension Ora rebate plan which Maybe limited to seven years to return the pinion of the applicant's costs for overstzing as new customm are added .o ensure that future applicants for service on the tine pay at leas: as much as the initial service. appiicanL For purposes o; determining tine costs that se -vice applicants shall pay, commercial customers with serv;cc demmiancls «reL4tor thLin residential c:L:s:omne- dcmnands in the certified area, industrial. and svliole"laic cusro r;ers shall he treated as deveirs rs. A se -Nice applicant requesting r one inch rnet:r fo: Li lawn snn-,i ;ier systcm to service a r--sidtniial lot is no: considered nonstandard service. If an apl.licnr,t r--quires Service other than Lhe standard service provided i)), the utibry. s,tch applicant will be. required to pay all expenses incurred by the utility in excess of the expenses that would he ilICLITTU i ill providing the standard service and connection beyond 200 r'ert and throughout his property including the cost of all necessary transmission facilities. The utility will kar the fill] cost of arid• over -sizing of watt~f mains necessary to serve other customers to the immediate area. The individual residential customer shall not he charged for ally additional production, storage, or LreatlTlen: facilities. Contributions in aid of construcoonmay no' Lc reuuired of individual residential customers for production, sturagc, Lri:tttmc;nt or transmission facilities un#ess wharwise amnroved by the Commission tinder this specific extension policy, Section 3.03 - ContnbaL(ats' in Aid Of CzsnsIT-U: iun De;r :Iopers ni v be required to provide nonriihntions ;n aid of eonstruc-Tien in amounts sufficiant tat furnish the d---velopment with all facilities necessary to provide for reasonahle iocal dertaind requ,rcments and zo comply with Texas Commis}ion on Environrnenmi Quality -ninimurn design ::r,t: rla for fa::ifi ;es useI in Lh: pruduu iun. transm-ssion. pumping, or treatment of water or Texas Co-nrrussion on Eitv:ronmmeri:a: Quality min]aw-lr i'L rlir, aril; n:s. For, ?arposes of this subsection. a ClovCiv-jCr Ij on2 who Simhdivf CiM-, i:lr t-[glre�ts iflore t#:all iwo lj-fOrel's On S pi(,:e of piUperty. C:oninicicial. incalstria- and wholesale cult-)nners ^,vilI he treated as cLvclopers. T�''�. ',AM �7# ;;ti'lri�`4t—*ftiTr'..i`.�..�1�.�'.7i nn �. ! °U f t L•v ? t G t K�aLFLi �V ! T>a r7,lh�L�� Water Supply and Service Agreement Page 24 of 43 tinut Gat'ZL «'titer S:r;rtily (.:•�r;ioratr�:n_ walcr t_:li irw 'l ar rtf page No. ] tiEC'1'1[�1 .fj -- EXTENS;C}_'°; POLICY (Conti nLim, An-, apuli: am who places uniraue or non -stared and sc°-arce demands on the s`'stem may be required to provide contributions in aid of cortstn.Vion for the acnial costs o-- any additional facilities required to maintain cra'npiian:o v-rth the TexLs Cnrirnissidn on E,nvrrunmcntal Quality ntr:unxini deli criz-an'a for Witter producron. trearnient. -aunipmg, storage and 17-ansTnissi0rl. Anv c;rvrcuexte:tsion to Lu subdkisiur, l-c,�ordzo or unreeordedl may b: subject o the pruvisions Ind restnctior s of 3�l 1 AC 291.8Crs ij. When a develope- wishestv extend the systc<n to prepare to service multipic now connections, the v raree shall be the cost oi• such extension, pius a pro-r-ara charge for tacrli€ies which must be uumrnittcd u-i such extension compliant wnh the Texas Corr_mis:sinn nr Environmental Quality ininimuin de;rgr, criret-r.a. As provided by 30 T.A.C. ` 91.85fe1,31. for pugloses of this se trot, commercial, industrel. and whol:isa;u customers shall be treated as d-Velopors. o, tailrty may only c:haigc. a &veloper standby fees for unrecovered costs of fh6lities corntmitted to a developer'. proNTI[;V tinder the following circums anc--s: • tJnde- a contmact and only ir, accordance with the ienns of the contract: or • if service is nut being provided to a io, o lots within twc years after ir:s:allation of facilities necessary to provide service to the lots has beer, cumploWd and if the staridhy fees are inclndec on the utility's approved tariff afrc•- a rare chance appiacatior has been fled. The tees cannot be billed to rile developer or colle-ted until the standbv ffxs have been approved by the; cunirrr-ssinn OT eXCCU111VC dlrecto:. f_Y- pUr'Poses of this section, a mantrf 1Ct'.!red inousing ren .nl community can only be charged standby fps under a contract or if the utility installs the facilities rl :cess2ry to provide individually metered service to each of the rental lots o: spaces in the community. Section 1.04 - Appealing Conncction Costs Tire. irnposrtien of additional r-mcns:ion costs or cltarges as provided by Sections 3.0 - Extension f'nlicy of t^is tariff shaL LT_: subicci to appeal as nrovrded in this .a;lff, TCEQ rah-s, or the rules of such other regulatory authority its may have yursdiciion over the utils.Y's rates and services, .Any applicant ruokii.rc", to pay for any costs not spocifivaijy set forth in the rate schedule pages of this tardff shall be giver, a w iiten explanation of such costs prior to payment andlor commencement of ennstrucbon. if the dpplic:ant does not believe that these costs are re,t onabic or n'ecessam' the applicant shall be informed of the right to appeal such costs to tam TCEQ or such other regulatory- aut,odt4 hay-n- junsd;enon over the uultti•'s rates in tilat portion of the i:t.lhtys service area in •N,hicl thnypl; :an: s properrydesj is IuL:atcd. ApPRGVE'C TARIFF Water Supply and Service Agreement Page 25 of43 South (iarx.a_Vl'atQ" crrl,� ?Iv C0 ratio-t Water i -titiry Taal'.( Purim No- I i SEC FION x.G - E—EXTENSION POLICE' I;C o--;,,inued°) c eq .s _a 3 05 ying t"o- Service The Litii:,y a ll provide a written service appitcatlo7 fOl-M to rile appiican for each request fo- service receive4L by the Lrihty'sbu-siress office~. A separate application s. it be required for each Potential serc•ice ration if more than one service conncac[son la desired by ar v individual applicant. Service a?_3:icanor: forms will ba rival labie w LittUtility's busim ss office during normal weekda, busirw.ss nours. Service applications wil: li- act;t hv prepaid firs, class Enited Stales mail to the adJress provided by lice applicant .iwr r,xLjuest Cornpleted apalican4o shou€d be rctut-nc.d by hand ccelivery in ease there are questions which r tin: delay fulfilling t-le se:c ice r;xgty; st. Completed service applicatinns may be subrm Lea bV r.:ail if hand delivery is not pos�ibl;.. \',Where a new tap or service conncc:t un is requl,-ed, thti se.-vic;c applicant small be required to submit .I written service application and recllle.;t :hat a tap bu made. .A diaC urn, trap. plat. or written metes and', 0W)ds. description of precisely where= the applicant desires each tap or service connection is to tie: inane and, if r.e;cssarv, where the inter is tone installed. along the applicant'sproperty line may also be requir:;d with the tap requrwst. The actual point of Connacuorr and meter mstaliation must be readily access;ble to Utility permrine; for inspccrion. servicing. and m--unr reading while. 1x-1110 rE�asonahly secure from damage by vehicles and mowers. If tine Lltility has more. than one train adjacent to the. "rvice applican t'sproperty, the tap oir s. rvice connection will lio made to the Utility`s ne=st service maim with adequate capacity to se. -vice the app;ic:ant'sfuii potential service cie;manc. Beyond the initial v00 fee:. the customer shall bear only the equivalent cost of extending from the earest main- f.f the tap or service connection caTinot be made at the applicants desired location, it will lx: trrade at another location mutually acceptable tv the applicant and the Utility. !S no agreement on location can be matte, tit: applicant nay refer the matter to the 7CEQ for resolution. Section 3.06 . Quali5od Service Applicant A "qualified sorvrcee applicant" is ar applicant who has, (1) met all of the 1.1'ti lity's requirements Con serv°ix contained in this tariff, TCEQ rules and/or TCEQ order, (3) stas made payment or niad-= armneemen- for payment of tap fees, (31 has prnvided all c:asclnf:n;s and rights -of -way required to provide service: to the vequeswd lutintion, (.4) dt_livervd an executed custurnc: �nrvlce inspection certif vat: to the Utility, if apph ;able, and {51 has :;xecuted a customer scn;re application for e;a;h location to wh;ch service is Henna requested. hive J JUL r:Qal�''34CJ r&KIP Water- Supply and Service Agreement Page 26 of43 South Gar? Vl;ater ,Sunpi+' N'a:e,- tttility Th:l#f Page No. 15 L-C1 TQ 3_t1 -- LX:"1;\'SIQ FO.ICl' fucurn:uedi The utility small serve;;3zh cualrfied se:rva�_e applicant within as certified service area as scan as pracuca'r after me er'vrn acomplewd service application.. Ali service rcqucsts will be fullilior. within the rime', tints urescrihed by TCI;'Q rut -as orwe the applicant has rnu_ all c0nditiur:s pr::cedent to achieving "qualified service appli::ant" status. 1f a service request cannot !)L fuliiiled within the required period. tl;e applicant snarl be notified in writing of the delay, its cause lard the anticipated date that service will �e r_vailabit:. The TCEQ sere:cc dates shalt no: become applicabic: tanti`: the st:rvice applicant }ias met all conditions pre,.edcm to hecomins; r. qualified servi,= applicant as defined'Dy TCEQ rules, Section 3,07 I. DI -Lc ttequiretnc•nrs As a condition of service to a new subdivision. the Utilit4 shall rwurre 4 developer (as defined by TCEQ nrlC ) to provide permmanent recordedpshlic utility e9svments as a condition of service to any location within the developer's properry. Water Supply and Service Agreement Page 27 of 43 Soutl} t;et:za ��t'atC' Siryiih l:ar �r tic,ai R'ateC L?tifitv'iarsif P� NO It: Sit I'lC?R 4.0 -- DROUG17 CONTINGENCY PLAN - M,Oi€�- :nu-.;_ a .ach coay :.)f TCEQ approved Drought Continseaev Pi�m) AFlR7a TAWF $ �-M—Lm Water Supply and Service Agreement Page 28 of 43 ram^ S —^L.t !'ir< 'c . �+ }'.-- •Kr?; + CzY %Vaier' Jdhc_ Tariff Lulm . caimie�— .. SECTiCIj\ 4.LI -- L KOUGHAT Ct)N iNGENt V PL h Sce-hou I Declaration of Policti-. Purpose, and Intent ttt cas cf' extreme r nr:eitL renods a: abTifinna.1v lint con ammatwn. rir extended mau non ir; �bihtd ic' s',tpply ustLT due to cquipmcm faiiu e, tempo•ap PAirieticns may be in (ittncd to li.mf: nosy esserttiai wa:e- usage. Tic ;purpose 3= the "L?-ouwht Contingency ''j?n is rc encou- ge citsiorm-,r caitservatipn in order to -utnrtin tit2j jt?r , storage, ar pm-sizare or w cornr'ey whi the requr .rn,f-ts orb court govcnmi:m agency or 3thi., 3athorirv. Please note: N`atc n d:e4Cn is rot? Lg—li .rate altemacve i'"wat:t system dotes not meet the Texas Coal- u.-6an w% bnvirotmwntxl Quasrty's (TCEQ1) :rapacity ctm(litioris or tf th;e ullhry Pails a: talc_ aL immediate artd aecessar., st(-js to repiace or r .Cr malfitttctioruag equipincnt. Seethin 2 Public lnvolvernent OP.00=-1i iOT Tire PUbI!C ro jrOvide inJu: into ih 'in parawn of th. Plan was pro`.ldec by (Oizck at 6a , one ac the fnijwnnr!t tscliediiilrg an? p?'rvidirg puoltc r0rrr:e g;'u,cuhiie nwettr.F it; accept tnpur (M the aiar. The inee :rip twk place at' tau _ -,L r --•117�" it •. o PN'SAA i r Naec.a r V 4/ ' I'AcJ 4'.�t � i 5 G` {'t: <. t. '-2,—t` �cf % (1 % isr / �h j -(�) �U � r �_ rsnil�d sun•ev w•i:h sir»trrra:� u1';•esulu. Xbi:T :nscei i4vmfng r.:r:trrr4rrr. Section 1 Public. FAucation Ttk tti it • ,XnK pcno,7jQ-iil Provide dtc puhiic about Lne Plar. rich: b,-' aubrmatiu:• aoota Ciae L:4,T,� tiow under wilj ch e:a.h of 01.1. Plat .[ to be initiait:d or, tern, 5wed. ittkl die &-aug.7r, rL`Cponce rnefS _TLF W 'L tntplett:::mcd in each i8€LC i_tcnie_-*,h: plan LnfoinFtion R1li be Drcvidexj tip' t Water Supply and Service Agreement Page 29 oF43 "f' . t�va7ei Ut.`_r Tariti' r, t' L7n bane .r yt'.l_ 11ON 4.0 --D12t7l 6KI COOT NGEN )' PLAN iCoritinued', 'ChC4. n::ewst plle of the foliowu7 i mrblic 777eenn`t y` Llie"ir`r Dill ins^7•ts nrFss +efeuSe3 ache, .• __. Cection 4 C:oordinarion wirh Regional 1X'ater Planning Groups n,- sen'ic_c arty of the ut lir, is hK.ated aniir, Tte io;:ai Wat:r 11an dng Group CRY-k?") T l7C Utility maikJ a CO-,)- of this Plan u7 the i? %NTG Section a Notice Requirements Nk-ri en natice mill he provided IC oach c;;scme- prior to implementation or termination of each st5dc of the water restriction program Mailed nonce must he given to each castomca hours prior io t17e = of wau;r restrictinn. _,`:iD6:%: i.ti hand dei:vered., zhe atiLtn' catu ct e.lIorrc Cnc proJs=.on of the pan fur 27 hours a&;r n0ki - is p-ovide:i. The wrimm notice, to cu.'a0me1-S wtl; contain. t '; tosowing infarmaL3--: 1, the di7c rusti.mans wiL hegir7. the rir urnswaczs dw tr r i7l the restnctions, t le stages of Fusp on5_ of the restriLLioas to be implements;.. and, 4. an explar7ation of the Curs?quenecr• I;x «aiaricas. The utility must notifj• the TCEQ by telephone at (513) 239- 4691, rer electronic mail at pdw,, lecq.srure zi:.us prior to implementing the program and mti notify lit 4l2i lt,� the 1'i�h brink }Water Section at 1tixC- 1 4, P.C}. Bu I3(1$_ , Austin. Texas 78'12-30R7 within five (5� working. dayF of implementation itteluding a copy of the utWt}•'s restriction notice. The utility must file a status report of its restricrion program with the TCEQ every 30 days that restAction Continues. Pa-2e :; of �3 JVN APPROVED TARIFT&4rn Water Supply and Service Agreement Page 30 of 43 Savth Garza SC Vvamr U-ilit:• T:trP- �w::nt;..r�c�n� SECTif. N 4.0 -- DROUGHT CON I NOENCY PLAN (Canti=_oc,:) section G `'inintioas .. Fit;t ;r;cJlatian - T'ae c:tttoYrtea" «111 ire naw*`.e�i by �vritt•Tt -entice afd�eir specF:iC V•olatiO3]. Subsequent -.•iul€ri-�.s: s. Aiiia writte;: nkct, u7c; tldlit, tnay itvqall a flaw =estri;t ,g cevice ir, die line io limit the amount of ,uatc,T which will pass duougc the Tiet:x in a 24 stout period- Thw atiliny may charge ti]c ct,suxnor 1")r ti]e actual c.,st of ui3miiing and removing 11-,. ou rt;st:ic®tie Jetrice. na; tr, exceed $ 0,00. b. Attor witter, notice., the utilit"v may discontinue senrim at the m�er fo; a period a--- seven Gays, or until the end of the mAleadar month, whicheve. is LESS. Tne nonnai rec.o:;neat fee of the u-.lity -wdll apply for restoration of service. Section 7 Exemptions or Variances Tn; utAkt rote}` grate: any mstomi-r an exemption a; variance from thL: draught con'zngency plan for good cause upon writi-r:n request. A custorne.T viol is ref is-ed an exemptia._ ar vanance mayal-.q ' such action of tx u:RRy in writing to th:: Texas C.otnt]nssion on TnviractrnwW �h:eliryy. 'lire utility v X ttea. all awwkrne:s egmUy concamb g exemptions and variances, and shall not discriminate in mnAwny, C%elilplioms and vSJancus. No exemption or vardan::% shall he rzmactive Or Otte v'lSr JLka I fJ any vi.)iauo n of this Plm wc:n]ing prior to the iasaamcu of r ie variant e. Seldiuu S Response Stages Unless there is an immediate and extrcrno redamon ni water production, or otl]c, absolute necessity ro declare an c rrergffZ:y or severe condition, the utility wil_ initially dc]clarc Stage Y rezam6ms. U. allo E rmsurtablL: period of time. demand is not "duced enough to alleviate outages. reduw the risk of nL:t1�Cn, or cor]7iy with r-3trictlOw req,, iTc6 bk. s war, government agonoy or otr]� autnmity, Stage 11 niav be imple}nenl tl with SMge III to rU1iou if tte=ssary, aAGE J7,V(31,CrINT.ARY'vlIA 'ER C`?L Stage 1 wiL begin]: E ery April 1", tht utility will M" a public announi7,emcat to its customers and the TCEQ. St: ge - vtili c!nd: Frew Septvmher 30'k. the utility NYM mail a publi, announcement to iLs custumers and the TCEQ. 77FCr14i=3C rr_2. aJAU TY _ ((gy+pp 1} II _ ARPRIDVEC T4RiFF Water Supply and Service Agreement Page 31 of43 South Sayza '.,:SC W ater L'utlt• TantT lfnisc 'rams SEC-70\ 4.0 -- DROUGHT COI T NGENCY PLAN fContinut,d' thin, &':.L ,ate: 'Plus anrtouncemenl -all bL. d si_ -d to indrea;e custa per awareness of water :xm,,!rvation a^d tmo-mRe the mosl ettieient as of watsr. A cope Ox th-_ CLIM-t , public aurua.rrcement W, water C-Onscrvatinr, awareness sir_ll be kept = file available: for inst- _ior by ;bc- �; •i yv L{'atvr List ]ti,—E g-jors: Wat_r onstarners am reauesteu to vol:Ln-tarih.- hinit -It use o: water fur non-us.suntia. numoses an4 to nraotic�: vwates _-on4zrvation STAG li. 1� Li) ;'�4'IF__R Ii�1: K��atifl�ICTTQitiS: Stale 2 wilt be � n: 8lL-B � d Tries=c._M Ichecl: at'cast one and fill i:, L' e 2F'uropriak+ 4 irtc W 'vt ell ievtl rea&xs ft meat: sea level 3 Ovemifht recov(.,n- rate reaches __ ft. fisswn oir elevation reaches _- P.. Stream flow reaches _. cfc at USOS "holesaie supplies 's draught Stage '2 _ - 0-.her Demandor C�a aci*�. 3s d Triggers (chrx;k at least mze and fill in the appropriate vaklo) 3 Drinking water Lmatmen: as ° a of capacity T otal daily dern<v-td a: °/i, of puniliing capacity ? o 3 oral daiiy demand as °i,. of ssorage capactr' 3 Pump hour per &Y his. PrWuotjon or disu'ib.ution lirniiali zns. Upon initintiou and terinitiation of Stage Z, the utitity wit mail a public announcement to its customers and the TC;EQ. &q ,ujre rtents for trrm ay"l-rion Stage 2 of the Ilan :nmr aid when all cf the coniidons ii-Led zv [rim tutp events 1sve ceased to exisI for 2 p_.:od of tlire: (3l ccnsucut� _ da_ys. i:pD-ij t--rm nation of Sty 2. Stale 1 becorn;:s %:'ir'• A•leasi rts: '`'isua'.:; inspect fizzes and leaks on a icily hasis. 'Ei'.i: z�;'Agc'�1trfFK-1k GJkLiY T'.-E - 0?3G ; E', Ge, _ !'-agc w; a�'�; tt, f i J l v riY - _•' a J C A APPROVED TngiFF r -. r�,2>1S_ Water Supply and Service Agreement Page 32 of43 g Q V_ h Garza 1ps = -- _ _ Water Udlitt Teri~ Unut, tikrnv SECTIC N 4.0 --DROUGHT CON TLNGENCY PLAID (C.ontinuccl3 uaait aml rxasures t! ,.it?', to im iinple me nicr, by the w :y -'e. n ral &, I;jmre(, .+eta:• asmard.xe+rTDiei include: :'P.GiLCG�C LJI- it i.YCCITT: i�2 T�(:i; .,ng O; wwet' tn<e;r ,:, ue':1v ZL1Jr; and use Ofan t.t.,e ,+) rrciuinT� rr' trs:; : �'�',�t7 r TTU Y+ _D tr tr�lrl a ,Ja+rL3 D,ri s `i'hc s,-cwid, vatar source for utilityi {check one): O1wr well :i Purotiased water w Inter-:;eu n.-c .cn with odie' systern _ OTher V tlutrtary Water L,st Rpstrctinrt l , R;',tnated Hours: Gutsid.: watering is allowed daih'. but only dur< sq mnu o is _%—Leo:licall. dcs::ribed in Lhe custnuitr nod=; between I0:06 PM and 5ZO rah^ for ekampit; OR �. R,, strietod D ys- ours- l'a"atf-7 customers sre r quested to �rol. n:arlly lirue the i-ri ati�n of landscaped w-cas vOth hose -end sp-inklers or automatic inigerion systems. Ct starners are rcyuisted to limit outdoor wsic: us;: MMondays for water customers with a street Address beginning with the uumhers 1, a , or 3, Wednesdays for water cust.orners with a street address berzi.nninb with the numbers 4. 5, or 6, and Fridays for rater cuslomors ;vtth a street address beginning with the uumhers ?. 9. or 9. hTigatim of landscaped 1scas is fin'thei . limited to the Boras of 11-:00 inidnight until 10:00 am. and between 8:00 p.m an3 1.2:00 rnidAgl t on dVsignated walcrindays. however, irrigaior_ of lands;:apixl =as is permitted at arrytune if it is b%- ni=s of a }land -held hose, a fduck; f�cxl buckoer or watering = o five (5l gaiions cc less, ;r, drip irrigation System. El't,c. C0MAS r Water Supply and Service Agreement Page 33 of 43 So•,rth Garza Ws" 1t'zt:rL�li:: Tariff Ukiiir) N3nla SECTJON 4.0 -- DROUGi"T CON---PN-GFNCY PL. N` (CvndnUe6 .;;"T'AG ' LU - NIODFR ATF "AIER USE RESTRICTIiONS: Sage : •uiK bath: S, v Rased `fr:2eers f,L u :}: at loasi one and fall in �h aparoprztr: value) -. ` t%e .level rrMches CA,Crnig`tt recovet;, rate MOWS 4 p eserrro;* elevation r•abches ft. (rn.S.l.; o Stream flow ruddicS efs at USGS gage r VF'holesale supplier's dmugtt'. Stage _ f>usrtanJ- or C'.a�" L-v-Ba-stxf Tri !ec (check at least one and a l in the aopn)rn :ate vaiue t r.; Dmiking v,'ate- tzeatrnen'. as °,o c3 canacit}• r%c f oral doily dffmnJ as % of pumping zapacr.; _.._.e ` 50 Iota[ daily demand as "'.b of storage capavity % ❑ Pump hour per day _ .. _ _ h-s. Pmxluction or distrfvution aniiralaotts. Other . pon iairiation and termination of Stage 3, thr- utility will mail a public annnunccinent to its �ustorners and the TCEQ. f.' ecit1ir. rnMnts tior ternin3rra y Stage 3 of the flan may err when 0 of the conditions listed as tsiggerirg evens llvve C=e §Cd to exist for a period of d=e (31 consecutive rays. Upor: turnum6or- of Stage 3, Stage ? bucomes orneracve_ isl tt_7%fcassires: Visual]), impect lures and repair kai on a dxiN larisis. Fl,zhit n is prohx`l�iteci ea.sept for deiu ena rnairt4. ,:.'LscribC add;- ron-' measures, if ant•. ir. be irrf.lernenied reeriv by the ui:irn to ir::rrage :inrife�` hale)• sier;ai�ac Laid or rtduc u•aie'r der. -.and. Lxarr pdes id mcia ryfi:v:lriU�'i wltid use c."an ii `:�77:.jili Lt' .F11� �lJ�l-"I•ieY�c'.; u��. —.'e El f reciaiyned lF.'wr'- j0; ]7'Jr.-� �C11C1 71 L' Ti Gf r;7�:3L'S. MardatW-v 'Nai T_ -sr Resncrions: —Dr fil .)v, h1g, :hazer s-e- lestric"lom :h: d] ,A,-nz ?), to all C-uslo_1i= TCEQ- 033i i 3 ira`: f,r l;gg7s aE' `' ry r,PPROVE'D TWIFF Water Supply and Service Agreement Page 34 of 43 So":t1-- Garza iti•GC V1'atert!6h"r 'iat T U;ii:c�- Aare SE[MON 4.0 PLANT WanTinued) L—i-urior. of lrndscaped arms wiTh hose -end s;)rLEttiers or srrtn¢r anc irrg,aaor- systems shad be linTited to MundayS for water cusronrers with a street address heginnin; math The numbers 1.1 or 3, NVedneidays for ,vaer customers ilith a street address beginning with The numbers 4, 5. or 6, and Fridays for waver customers i4rido a sh-eeT address b"inubag. with The nnrrrhers i. 8, or 4. lrrivation of iancscapad amq is:rrther Limited to kx� irou.rs of tr:()cj midnight :r nl 10:00 a.rn and beftveen 5:00 p.rr.. and i2:01u midrighi utt de.3_-nared watering days. -"Wv,ever, irriga(iou aflandscaped areas p;uTtitted at an%m= if is ny wears o= a hand-held hose, a faucet idled LuckE or w•atc:ri:ng uan of five;-S; gaI'or,s W. less, rr, drip irrigation sysitm, "'X� of water to wash. any motor v4hicl;:. Tnotsrhii e, moat, traiie.. airplane or other vAehicie is proh+iwd except a: cc-ugnated watering days lxsween the :tour of 12-00 midnight, and 10AJ a,n. and b--meer, 8A, p.m and :_:00 midmou. Such was.`,ing, ;alien allowed, shall c), do:m wits a iutrc k;d bucket or a hand-hc_d hose equipped with a posiriv�- shutoff nozzle for quiche mnses. V-Ibex ww' 11nig MY Ir,, (ifine atary time on the irnrriEdiLt,- promises of a cUrr niurct-ai Car was',--, Or -cirncrcial serviw gation. Further, st:ch washinE .iT^L4 be exempted [Turnthcst rcE:lationc if the IuWtht, saf ty, arn;l welfam of the publi: is condrtgerr. upor. Jrvtjueni v-Ticle cleansing, such as Ear -,a Trucks and vehicles t;"e try transport food and -p ` hahies. Use of water w fill, re- , or adu to any indoor or mnd xi.- sw irrunmg pools, u'ading paois, t,r ",lacuzzi" type ptH-)I.; i., prohibited c KL;cl)t o;i designated watrrinr days bem em the hours of 1103 mianight and 10:01.) a.m. and hetween 8 p.r, and 1100 .mrdnignt. t Operation of any ornarnental fountain or pon ' For wstlleuc or scenic purpos:.>; t- nrobibixiE except wam necessary to support aquwLic life or where such fountains or ponds are equippad with a re- circula:ion bvl;=I. -. Use of watc-r fn)rn 'r_yd-aws c r-1"lush valves sitar] b, ;int:ted re maintair nk public hw-Odi, Facety, turd welfare. 6. use of wirer for the irizabon of gnl courses, parks. and, Lmvt, belt areas is prohibited cx:cVt by band held host: and only or, d2signau6 %vate,-ing days between the hours 12:00 midnight and l0:00 CEQ-: e136 ;1 !,CZ; ,i,PPR4V-C TAWIF P fk- .m Water Suppiy and Service Agreement Page 35 of 43 S u�`-r Gaza 4dSC hafvr�'dlin `ar.tr' — --- Uud.t� Tvan:r • SECTiON 4.,; -- DRO�J',Tii `J CO TL4GENCY PIAN iContiauea) am. and ba wcimi �-, p.m. and 11CD ;idnigl:t. 1-he following uses of water are av%ned as nov-r.:5.sectial and a:'s prahihire6. a. wash dmac ri , any s,cieu elic3, w9t%l•a, s. tit iv�vraz's, parking lots, :et:nts cou [5, o" other hard - surfaced ar-eas: h. use of water to wash dcnvn btuldings r strucr .es fo, purpmses ofrer than irrimcd ate fire ubc of water for dtts: conga:: d. fiushing gutters or F>Lrm,ttin= water to nt.^, o- aC:urtmlate i-t an. at ttvr tr:- suet; and �,raiirzrc to hair r a„ttrollalble leal:(s`• «�ithin a r.,asonable xriocl at3:.r ha�;ng beets �vcr: nrrtice direc.tirig t.-,e repair of suc',, leaks). st4er 4 h'21 heist: i .-� aYcti Sn�_crs (check a, ieust on:: ane fill in the appropriate vall;wi u b1.'e1I ievel reaches ft. Ova -might tecaacn rate tenches ft. 1L.senvoir eiccvation reaches tt_ (m.s.I.,' w Stream ruches cis at USGS gage — it h7';esr�6e supplier's trough: S,agc: 2 _ -- * apply cont=inpuun. * Other Demand- or Cap piZ--1B=dd Tri= (c te:,k at least one and FIJ in the zpprcVp iaie value) L UnnLng water tea;znent as 5V of c apacir.! Tom, cieti; demand as °.'L of pumping capacit, 30 L Tolal dAily d.:mencl as °it: of storage Cal),aitt.' J?wnrp Imur pu day ^ .,i �_ -- Pro.' =ion o: dLswLbu--wn l:lnitat.,o . v SvSte7n eutag:- h f Ck�ENMRD'r Glti.ft4kI]Ac3'' AR?RD'J-D TARi F1M._ ru,. Water Supply and Service Agreement Page 36 of 43 Scut7 Garza Ws"warer l!�li-• Tarfi rlra :y �sae SECTI01', 4.0 L7P.Q �i11? l' t .l�:ti GE \'C'ti" PLAN, (tC otltinued'i _t Othu Upon initiation and termination of Stage 4, the utility will mail a public announcement to its customers and the TCEQ. rti <i izrsn nt6___- ` tc•_m�i Stage 4 o"ham Plan tnsL he "&-i.-idec rent^ all of tqe ronditions :isted as a-iqgming ::vents lmve- cea,.d w we:st for a percd oftluet ;3 t consecutive days. Upon t,�rmvnation oi. Stave 4, Stage. ? b--ones opuruzive. (! ; a�tiona' tv,easux The uglily Aral' visLially impeu. lines and repair leak: txi a daily basis. Flushi is prohibited except fay. dead end mans and only brtween the hours of 4:00 p.m, and 3:00 a.m. I;rnt7Lenc} interzonucects or altcmzuve supply tu:angemenrs shall be initiated. A:': meters shall be ;ead ..a often as necessary 14 insure compliance, with uus program Cur dx b ne r of all the rustomers. Des.ribe o dition a! 1"Oi).Nures, If fry iro 7c .lpiementE'd db-e;Uy io n2QnL7ge- w-died wcter supplies crd�'r rec!uce waker dentand. d^,:dator?'%ate- LT5F Rt:�srictnons: AT,, uutdc4r use of water is prc+n bited. i - Ini��atiotn o= }a;�daaperJ arras is vbsolutely prohil�it>rd. 2. [.3s: o€ wa:c r to wash any moto vehic:ie , motorbike, boat, +mile:', a plane ar otliei vehicle is absolutey pr t: hibi ted. T`F-0-10;_u';1,22, T� ti:c„ �"�bfrr,. 0A' l=h°�'I''3talA=rfiA? Ct1azTM XN t' .C2bJcY" jil 6 rA*RO,S TARIFF �- , Water Supply and Service Agreement Page 37 of43 5Pi ]C)i� 4.0 -- t.)RO'UG :':T CON"I ,N(-ZvCi" PI_A1� +. - t,., 'fti; ^tJtthw'.T C' :.•Ctr J b APPROVED TI ARF- $ Water Supply and Service Agreement Page 38 of 43 F�ror.?(� TAC C:iat ter �9l'r �?(l,j, Appeartii.� t`s SERVICE AGREEMENT PUPWOSE. The ''~AME OF WATER SYS'lThi is rzsponsi h fcr rratect'tng the unniang u'aw: supply from c,.ontnminatior L`yr pollution which could requit front improper on vate water di8t:ih000D system (:Oitstrucuun or confiigura*ion 'The purpose of this service wur Bement it to norrfy each customer of the restrictions which a%: in piac: to providt this pro,cction. Thu- urihiy enforces these restrictions to ensure the public health and welfare. 1Clt �'.ifitiJTrlt'F inLlSt Sl �`rt it it 5 agTCG'ment before the NAN_ OF 1'k'aA TER SYSTEM wlil beein service. In tiddidon, wirers service to an existing connccnon has been suspended oT tc�rrnina!L:c, the watt:r system will no! r~-establish Service unless it has a s;ffned copy of this agreern';nT. I=. RESTRICTIONS. The following unuccepiabk practices arty prohibit�.d by Sta€v regulations A. No direct connect.ion between the public drinking •watersupply nu a noTenda) source Of ::011:arnina:ian is Trertn!tted. Potential sources of contamination shall be isolaied from the puboc water ;vstern by an air -nap tzr an appropriate nackf wA, prevention dUvtce. 1? ?vr, cress :none; iioil 1-32:-wcen the public drinking watt- and a pnvate water s«Stierr; is permitted. Thesee poten_ial threats to the puhli • cirnijng water supply =hall be cl: inmate: at the service connection b• the instalhition of an air -gag or a reduced areestire-zone backflm prevention device. C. No connec6cw tv° ich allows water to be rerurne . to the public drinking water supply is permilLud. D. Nc ;ripe or tpc fittin- which con7ains more than 8.00/a !cad may be i-ised for the inetallaiion or repair of plumbing at any connection which provides water for hurnan .r;e. E. NQ solder v. trrx which corsair,& more. Than 0.29r lLad can be used fo,-thu installation or xePair u` at any connection wltiich provides, water for human use. Water Supply and Service Agreement Page 39 of 43 APPENDIX A -- SAMPLE SERVICE AGREE)vit N'T (Continuer'.) 111. SERViCZ AGR~:E'vlENT The fog lrnvin- are [he terms o: ThC service a,rcXTIenT bvtweerr the NAIWE OF '1l ATER SYSTEM (.lhc, Woer System) and NANE OFF CUSTONIER (the C_'ustom,;O A. The Wattx System will maintain a copy Of this agreerrren: as !ong as the Customer and.'oi the premises is cnnneat d to the Water System. B. '-'he Cusiumer snal i ailow his a:-oper.y to be inspected for possible cross-e 0imectinns end olh:.r zotentiai contr,.ninannn hazards. These insuectrons shall be conducted by the Water S.zsre l ur its desranaLed sgen[ prior Lo initiating ne,,, wator Service; wrier. theio is reason to lieve that .oss-i0nnecFtiCrrss or other pu-� ttiial c071taminution hazards exist; or after any m210r Char -"CS 10 the private v itei dist:ibudon tactlities. The insaecnons shall b,.condri.-tsd drar.ng the Wate: System's normal business hours. C. The Water Syttern shall nuli y the Customer in writing of zany cross-corrnectron of ;t:her potential contain patrnr. hazard which has b=n ;dentified during me tnt.ial insp,:uti311 or the penodic reinspc-mon. Cr. The Cuslo_n4r shall irv-ncdiately re nc,vc, or adequately-solate any potential cross - Con w, tinr.s or other aotentiai contamination hezwres on nis premises. E. Vhe Cusu,rne-- shall, At his cxpensW, properly install, Lest, anc maintain any nacicflow prc��cntion dev!oc reruired by the Water 5ystern. Copies of ell testing and maintenance tt:c ords shall be pt';avided le, tlic Water System.. I''. E_NF0RCE1Yit rN—F. If the Customer fails to comply with tha terms of the Service Agreement. the'Nawr System shall. at its option, either terminate service or p:eperlp install, test, and maintt+i.n an appropi late hackilwA preventio, dcv)cn at the service connection. Anv expenses en. suciated Wirt; the enforcemcnr of this agreement shall b. bided to the Customer. CUSTOMER'S SIGNATURE:______ AT!=: Water Supply and Service Agreement Page 40 of 43 APPrJ-% DIX B -- APPLICA'nON FOR SERVICE Nitis, Atrach Dlujk Copy) Water Supply and Service Agreement Page 41 of 43 S4Uth Garza VVa er Supp y Corporation Wafer Serme Area CCN No. 13Q58 Appfication No 34536-C Garza G:,unty h A L_.---- . —.u.— .. _ -- -.. Wate-'CN Ser:ice Areas r7,7113056 SOUTH C-AR A V4'SC 12952 - R!O BR4ZOS A'A T ER SYSTEM TCEQ s i f i f � >r `t g i i E - i u.` 0 1ee3 Mao crE a,-ter'•I t i14KA MOK 1 ua ltt, h Hv';7GvL�t&��s9535 .,ip' Water Supply and Service Agreement Page 42 of 43 Resolution No. 2008.-R0177 Exhibit "D" South Garza's Water, Inc.'s Service Agreement Exhibit D South Carry Water Supply � Sarvice Aerteraant �; LhW*wa. iha 5ort6 Carr Water Sr is ppty it responsible for p�raoetxing @te drinkittR, ►ratter st+pply from Ia 0 Or polhxiun which OWid result Aron» Wipruper private wuef distribution sy stem raft vadon or > JOWWOM The purpose of thin service &6rvc=nj is to rkxi4 each customer of the restrictions which Amin playa y io thra pi trxtiom 11te ud ity enforcm tbesc restrktions to ensure the public health and wel6no. Each is MM � this x before the Soak Carry Water Sapply wili begin sero ice. In addition, when to an eltiaimq canaaecion bats been suslrended or rem+inared, dw Kamer sy.aem will not re establisb service it has a sig eolry ofthis tgrecrosnt, ` 71M following trrtacooptable ps'acticaos are prohibited by state regulations. A. bfodirect connoctiun betweart the public drinking kilter supply ww a potential source tfcroamwination is pa 00& PatwttW sources of rogpun1nation shall be f Lntated from the public water syst-rn by an air�pp or an apilstooriate b&Aflow proveation device S. No—W-evonection het+ramt the public water suMlyy and a private water system is permitted, These pnlentid 1Mpgato the public drinkft water stipply shall be eliminated at the service ooni)cd m by tits irtstelistion of art air- Aap Or a roduaed pressure r7ttre brddtow prevention &-vwc. C. No cottnection which atkm s water to bar roturned to the public drinking water supply iti permitted, t:. t]_ Nopipe or pips: Mtins wkk# opusins more than U01/6 lead may be used Aw the lrsstslistinrt ur mpt;ir of 1 1111* prrg rt gay oomtir cdon whialt W' ovidvs water for butnan uw. Y e Agra ssiviat. The following ors the tarots of the service agreement botweca the+ South Carves Water law .sA.I tra Wald' aytttam will tttauntrtirt a copy of dt is agreement err lorrg as the customer muVor the premises is OBOMMOOd to the water syswmf ! ' H.'s IU C911CY mw shall allow his prop" to he inspected far possible cross cx3nttcctiosts and other potential arpptmt q haaardsr. 'flews ktapp¢tiotns shad be onnducsod by the water systom or Its drisIpmed agmrc prior to ial lifting now weroor rsarvia, wbou [hers is reason M believe thal cross-eonrteclions or other potential Corttamirtatia ns iApWOits exitst; or afirr any cWorclr uNM to the private water distribution fi cilitiae. These inaperaians shall be ooedi+ W during the water synwu normal business hmrs. C_ The Walser VsMn shall notify the custorer in wrttirrg of any crass-coanwtioet or other: potential contamination iroj*4 [flat tw been identified during the initial inapoetion or the periodic min.Mx0ion D. 11be eustatner "I imrnedtately ramove or adequately Isatare any potowlat dross mnrcctions or other potential exalt tsiu don bwoA a on Lis prouises. C Un customer shah, at his properly install, tact, and rnairrutin tatty bsickfiow prevention device required by'tyv water syatpn. CVids ofatl Mating and trraitttea&me records shall be provided to the water sy>ssem. l Ptf,ilatarcettteae If the custoaw fails to comply with tha terms of the Service Agr>sD=rtt, the water system shall, i at Ha OptIM, a>abor martin insist eta t-;m or instal property t, tcq, surd maintain rn atu`pr' tiackflaw prsvarrunn dDVk# at the sWvi= oornn6cdon, Any expermu , .asocimed with the enfnrcmert nt this afyeeuwnt shall be trilled to eta roaaotar. pill i Water Supply and Service Agreement Page 43 of 43