AGREEMENT made this ____ day of ______, ____, between Beaver Creek Water Control and Improvement District No. 1, duly created by order, dated July 30, 2008, of the Commissioners Court of Burleson County, Texas (hereinafter called the District) and _____ (hereinafter called the Applicant),
Witnesseth:
At such time as the District secures acceptable financing and the system construction is completed, the District shall sell and deliver water service to the Applicant and the Applicant shall purchase at a reasonable rate, receive, and/or reserve service from the District in accordance with the bylaws and tariffs of the District as amended from time to time by the Board of Directors of the District.
The Board of Directors shall have the authority to discontinue service to any applicant not complying with any policy or not paying any utility fees or charges as required by the District’s published rates, fees, and conditions of service. At any time service is disconnected, terminated, or suspended, the District shall not re-establish service unless it has a current, signed copy of this agreement.
All water shall be metered by meters to be furnished and installed by the District. The meter is for the sole use of the Customer and is to provide service to only one (1) dwelling. Extension of pipe(s) to transfer water service from one property to another, to share, resell, or submeter water to any other persons, dwellings, businesses, or property, etc., is prohibited.
The District shall have the right to locate a water service meter and the pipe necessary to connect the meter on the Applicant’s property near the property line at a point to be chosen by the District and have access to its property and equipment located upon the Applicant’s premises at all reasonable and necessary times for any purpose connected with or in the furtherance of its business operations, and upon discontinuances of service the District shall have the right to remove any of its equipment from the Applicant’s property. The Applicant shall install, at their own expense, any necessary service lines from the District’s facilities and equipment to the point of use, including any customer service isolation valves, backflow prevention devices, and any other equipment as may be specified by the District. The District shall also have access to the Applicant’s property for the purpose of inspecting for possible cross-connections, potential contamination hazards, illegal lead materials, and any other violations or possible violations of state and federal statutes and regulations relating to the federal Safe Drinking Water Act or Chapter 341 of the Texas Health & Safety Code and the District’s tariff and service policies.
The District is responsible for protecting the drinking water supply from contamination or pollution which could result from improper practices. This service serves as notice to each customer of the restrictions which are in place to provide this protection. The District shall enforce these restrictions to ensure the public health and welfare. The following undesirable practices are prohibited by state regulations:
a. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public water system by an air gap or an appropriate backflow prevention assembly in accordance with state regulations.
b. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the proper installation of an air gap or a reduced pressure-zone backflow prevention assembly and a service agreement must exist for annual inspection and testing by a certified backflow prevention device tester.
c. No connection which allows condensing, cooling, or industrial process water to be returned to the public drinking water supply is permitted.
d. No pipe or pipe fitting which contains more than 8.0 % lead may be used for the installation or repair of plumbing on or after July 1, 1988, at any connection which provides water for human consumption.
e. No solder or flux which contains more than 0.2% lead may be used for the installation or to repair plumbing on or after July 1, 1988, at any connection which provides water for human consumption.
The District shall maintain a copy of this agreement as long as the Applicant and/or premises are connected to the public water system. The Applicant shall allow their property to be inspected for possible cross connections, potential contamination hazards, and illegal lead materials. These inspections shall be conducted by the District or its designated agent prior to initiating service and periodically thereafter. The inspections shall be conducted during normal business hours.
The District shall notify the Applicant in writing of any cross-contaminations or other undesirable practices which have been identified during the initial or subsequent inspection. The Applicant shall immediately correct any undesirable practices on their premises. The Applicant shall, at their expense, properly install, test, and maintain any backflow prevention device required by the District. Copies of all testing and maintenance records shall be provided to the District as required. Failure to comply with the terms of this service agreement shall cause the District to terminate service or properly install, test, and maintain an appropriate backflow prevention device at the service connection. Any expense associated with the enforcement of this agreement shall be billed to the Applicant.
In the event the total water supply is insufficient to meet all the applicants, or in the event there is a shortage of water, the District may initiate the Emergency Rationing Program as specified in the District’s tariff. By execution of this agreement, the Applicant hereby shall comply with the terms of said program.
By execution hereof, the Applicant shall hold the District harmless from any and all claims for damages caused by service interruptions due to waterline breaks by utility or like contractors, tampering by other applicants/users of the District, normal failures of the system, or other events beyond the District’s control.
The Applicant shall grant to the District permanent recorded easement(s) dedicated to the District for the purpose of providing reasonable rights of access and use to allow the District to construct, maintain, replace, upgrade, parallel, inspect, test, and operate any facilities necessary to serve that Applicant as well as the District’s purpose in providing system-wide service for existing or future applicants.
By execution hereof, the Applicant shall guarantee payment of all other rates, fees, and charges due on any account of the said Applicant.
By execution hereof, the Applicant agrees that non-compliance with the terms of this agreement by said Applicant shall constitute denial or discontinuance of service until such time as the violation is corrected to the satisfaction of the District.
Any misrepresentation of the facts by the Applicant on any of the four (4) pages of this agreement shall result in discontinuance of service pursuant to the terms and conditions of the District’s tariff.