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SECTION C. DEFINITIONSActive Service – Status of any Member receiving authorized service under the provisions of this Tariff. Applicant – Person, partnership, cooperative corporation, corporation, agency, public or private organization of any type applying for service with the Water Supply Corporation. Board of Directors – The governing body elected by the Members of the Water Supply Corporation. (Art. 1396-1.02(7)) Bylaws – The rules pertaining to the governing of the Water Supply Corporation adopted by the Corporation Members. (Art. 1396-1.02 (5)) Certificate of Convenience and Necessity (CCN) – The authorization granted under Chapter 13 Subchapter G of the Texas Water Code for the Water Supply Corporation to provide water utility service within a defined territory. The Water Supply Corporation has been issued Certificate Number 10088. Territory defined in the CCN shall be the Certificated Service Area. Corporation or Water Supply Corporation – The Mt. Zion Water Supply Corporation. Developer – Any person, partnership, cooperative corporation, corporation, agency, or public or private organization ‘who subdivides land or requests more than two (2) water or sewer service connections on a single contiguous tract of land [as defined in Chapter 13.2502(e)(1) of the Water Code]. Disconnection of Service – The discontinuance of water service by the Corporation to a Member/Customer. Easement – A private perpetual dedicated right-of-way for the installation of water and or sewer pipelines and necessary facilities which allows access to property for future operation, maintenance, facility replacement, facility upgrades, and/or installation of additional pipelines (if applicable). This may also include restrictions on the adjacent area to limit the installation of sewer lines or other facilities that would restrict the use of any area of the easement. Equity Buy-In (Impact) Fee – A fee assessed on new Applicants for service for the purpose of acquiring capital to defray the costs of expanding the system facilities in order to meet the customer growth needs of the Corporation. This fee is charged for each meter equivalent or service unit for which service has been requested. Final Plat – A complete plan for the subdivision of a tract of land. The Mt. Zion Water Supply Corporation shall determine if a plat submitted for the purpose of this Tariff shall qualify as a final plat. (30 TAC 291.85) Hazardous Condition – A condition which jeopardizes the health and welfare of the Members/Consumers of the Corporation as determined by the Corporation or regulatory authority. Indication of Interest Fee – A fee paid by a potential Member of the Corporation for the purpose of determining the feasibility of a construction and/or expansion project. The Indication of Interest Fee may be converted to a Membership Fee upon determination that service to the Applicant is feasible and available. This also applies to applicants applying for, or receiving, Temporary Service. Liquidated Membership – A Membership which has been canceled due to delinquent charges exceeding the Membership Fee or for other reasons as specified in this Tariff. Member – Any person, partnership, cooperative corporation, corporation, agency, or public or private organization that has qualified for service and received a Membership in accordance with the Corporation’s Tariff. Membership Certificate – A non-interest bearing stock certificate purchased from the Corporation evidencing a Member’s interest in the Corporation. (ART. 1396-2.08 D) Membership Fee – A fee qualified as such under the terms of the tariff and the bylaws of the Corporation assigned to the real estate designated to receive service. The membership fee shall be refundable upon termination of service and surrendering the Membership Certificate. (30 TAC 291.3 Definitions, Texas Water Code 13.043(g), Article 1434a, Tex. Rev. Civ. Stat. Sec. 9.A.(c)) Proof of Ownership – Article 1434a, Tex. Rev. Civ Stat. Sec. 9A© gives authority to the Corporation to require ownership of real estate designated to receive service as a condition of membership and service. For the purpose of this tariff, applicants for service and membership shall provide proof of ownership by deed of trust, warranty deed, or other recordable documentation of fee simple title to real estate to be served. Renter – A consumer who rents or leases property from a Member or who may otherwise be termed a tenant. Re-Service – Providing service to an Applicant at a location for which service previously existed. Costs of such re-servicing shall be based on justifiable expenses. Reserved Service Charge – A monthly charge assessed for each property where service is being reserved. Service Availability Charge – (Also known as ‘minimum monthly charge’, minimum’, or the ‘base rate’) The monthly charge assessed each Member/Customer for the opportunity of receiving service. The Service Availability Charge is a fixed rate based upon the meter, service size, or equivalent dwelling unit(s). (See definition of Reserved Service Charge) Service Application and Agreement – A written agreement between the Member/Applicant and the Corporation defining the specific type of service requirements requested on the current service application and agreement form, and the responsibilities of each party required before service is furnished. Service Unit – The base unit of service used in facilities design and rate making. For the purpose of this Tariff, a service unit is a 5/8” x 3/4” water meter. Sewer facilities are designed and rates are based on the basis of population served or demand. Subdivide – Means to divide the surface area of land into lots intended primarily for residential use. (Local Government Code Chapter 232, Section 232.021 Definitions) Subdivider – Means an individual, firm, corporation, or other legal entity that owns any interest in land and that directly or indirectly subdivides land into lots as a part of a common promotional plan in the ordinary course of business. (Local Government Code Chapter 232, Section 232.021 Definitions) Subdivision – Means any area of land that has been subdivided into lots for sale or lease. (Local Government Code Chapter 232, Section 232.021 Definitions) Tariff – The operating policies, service rules, service extension
policy, service rates, rationing policies, sample application packet, and
miscellaneous transaction forms adopted by the Board of Directors.
A copy of this Board approved tariff is on file at the Corporation
office and as required since Temporary Service – The classification assigned an applicant that is in the process of construction. This could also apply to service for uses other than permanent (agricultural, road construction, drilling, livestock, etc.). The length of time associated with this classification will be set by the Board. This classification will change to permanent service after requirements in Section E are met. Applicant must have paid an Indication of Interest Fee. Transferee – An Applicant receiving a Membership in the Water Supply Corporation by legal means from a person or entity desiring to forfeit and transfer current rights of Membership to another person or entity. Transferor – A Member who transfers Membership by legal means to another person or entity desiring to qualify for service at a property for which the Membership is currently issued or to the Corporation. (Art. 1434a Sec. 9A)
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