Schedule A Water/Wastewater Equivalency Table. Schedule B Impact Fee Rates MAXIMUM IMPACT FEE PER SERVICE UNIT EQUIV.

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1 (a) Impact fees for water and sanitary sewer wastewater shall be determined by multiplying the number of service unit equivalents in the proposed development by the amount per service unit equivalent due by referring to Schedule A--Water/Wastewater Equivalency Table and Schedule B--Impact Fee Rates. TABLE INSET: Schedule A Water/Wastewater Equivalency Table SERVICE UNIT WATER IMPACT WASTEWATER WATER METER EQUIVALENT FEE IMPACT FEE SIZE 3/4"-- 5/8" 1.0 $2, $1, , , " 2.8 5, , " 4.0 8, , , , " , , gft , , " , , TABLE INSET: FACILITY CATEGORY WATER FACILITIES WASTEWATER FACILITIES SERVICE AREA Schedule B Impact Fee Rates ALL $2, ALL 1, MAXIMUM IMPACT FEE PER SERVICE UNIT EQUIV. ADOPTED IMPACT FEE PER SERVICE UNIT EQUIV. $2, , Sec Credits. (a) Any construction of, contributions to, or dedications of any facility appearing on the capital improvements plan which is required by the city to be constructed by the owner as a condition of development shall be credited against the impact fees otherwise due from the development. Credit for impact fees due an owner in one category of impact fees may not be used to offset impact fees in another category. (b) As an alternative to the foregoing, the city and owner may enter into an agreement providing that, in addition to the credit, owner will be reimbursed for all or a portion of Page 15

2 the costs of such facilities from impact fees received from other new developments that will use such capital improvements of facility expansions. (c) An owner shall be entitled to a credit against any category of impact fee provided in any written agreement between the city and the owner. (d) No credit for construction of any facility shall exceed the total amount of impact fees due from the development for the same category of improvements. (Ord. No , 5, ) Sec Accounting for fees and interest. (a) All impact fees collected shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. (b) Interest earned will be credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest. (c) Impact fees and the interest earned thereon may be expended only for the purposes for which such fees were imposed as shown in the capital improvements plan. (d) The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. (Ord. No , 6, ) Sec Refunds. (a) On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied, or, if the city failed to commence construction of facilities required for service within two years of payment of the fee, or if construction is not complete within a reasonable time considering the type of capital improvements or facility expansion to be constructed, but not in any event more than five years from date of payment of the fee. (1) Any impact fee funds not expended within ten years after payment shall be refunded. (2) Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Tex. Fin. Code or its successor statutes. Page 16

3 (3) All refunds will be made to the owner of record at the time the refund is paid. If, however, the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. (b) The owner of the property on which the impact fee was paid, or another political subdivision or governmental entity that paid the impact fee, have standing to sue for a refund under this section. (Ord. No , 7, ) Sec Appeals. Upon written application of the owner of property upon which impact fees were assessed, the city council shall consider appeals to the interpretations of or errors in the application of the impact fee regulations or schedules used to calculate the fees or credits. (Ord. No , 8, ) Sec Periodic updates required. The land use assumptions and capital improvements plan shall be updated at least every five years. (Ord. No , 9, ) Secs Reserved. DIVISION 4. WATER AND WASTEWATER MASTER PLAN* *Editor's note: Ord. No , 1--5, adopted Sept. 20, 2005, did not specifically amend the Code; hence, at the editor's discretion these provisions have been added as division 4. See also the Code Comparative table. Sec Incorporation of premises. That all of the above premises are found to be true and correct and are incorporated into the body of this division as if copied in their entirety. (Ord. No , 1, ) Sec Adoption of water and waste water master plan. Page 17

4 The city council of the city hereby adopts the water and waste water master plan set forth on the attached "Exhibit A," as the Water and Waste Water Master Plan for the City of Princeton whereby development of such infrastructure in the city is governed. (Ord. No , 2, ) Editor's note: Exhibit A is not set out herein but is available for public review in the offices of the city. Sec Repeal of conflicting ordinances. This division shall be and is hereby declared to be cumulative of all other ordinances of the City of Princeton, and this division shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this division, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. (Ord. No , 3, ) Sec Severability. If any section, article, paragraph, sentence, clause, phrase or word in this division, or application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this division; and the city council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. (Ord. No , 4, ) Sec Penalty. Any person violating the terms and provisions of this division shall, upon conviction, be punished by a fine of not more than $2, and each and every day this division is violated shall constitute a separate offense. (Ord. No , 5, ) APPENDIX A FEE SCHEDULE Sec. 1. Fees. Water/Wastewater Service: Page 18

5 Water service deposit, $75.00 Water meter re-read charge (if first reading has read correctly), $5.00 Water customer confidentiality request, $5.00 Insufficient check fee, $25.00 Customer list, $ on page, $ on labels Water meter testing 3/4" or 1", $40.00 (if accurate of two percent) Water meter testing larger than 1", $20.00 plus cost of testing (if accurate of two percent) Water rate charge, see approved rate schedule Water service late charge (after the tenth day past due), ten percent or a minimum of $10.00 Water reconnection fee, $ regular business hours, $ non-regular business hours Sewer rate schedule, see approved rate schedule Water/sewer rate (customers outside city limits), 1 1/2 times the approved rates Refuse (trash) rate, see approved rate schedule Water/Wastewater Installation: Water tap installation 3/4" or 1" (city installed), $300.00, plus cost of materials and labor Wastewater tap installation 4" (city installed), $300.00, plus cost of materials and labor (Anything over 1" water and 4" sewer, developer/builder shall install using city-approved meters, material and standards for installation) Water meter installation 3/4" (city installed), $ Water meter installation 1" (city installed), $ Water meters, $50.00, plus cost of meter Backflow prevention device, $50.00, plus cost of device Road boring permit, $ Street cut permit, $ Construction water meter deposit, $2, City Maps/Ordinance: City maps, $15.00 Community development plan, $50.00 Zoning ordinance, $20.00 Subdivision ordinance, $15.00 Landscape ordinance, $15.00 Park master plan, $25.00 Standard design and construction details, $25.00 Miscellaneous Copies and Services: Page 19

6 Copies per page, $0.10 Certification of true copies, $5.00 Mailing of copies, $3.00, plus cost of copies Diskette copy, $1.00 Videocassette copy, $2.50 Audiocassette copy, $1.00 Oversize paper copies, $0.50 (11 X 17, green bar, blue bar) Cost of other public information copies, most current charges as provided by the General Services Commission of Texas Notary Charges: Notary public charges: Protesting a bill for nonacceptance, $4.00 or nonpayment register and seal Each notice of protest, $1.00 Protesting in all cases, $4.00 Certificate and seal to such protest, $4.00 Taking acknowledgement or proof of any deed or other instrument in writing, for registration certificate and seal: For the first signature, $6.00 For each additional signature, $1.00 Administering an oath or affirmation with certificate and seal, $6.00 All certificates under seal not otherwise provided for, $6.00 Copies of all records and papers in their office for each page, $0.50 All notarial acts not provided for, $6.00 Taking the deposition of a witness, $0.50 for each 100 words Swearing a witness to depositions making certificate therefore with seal and all other business connected with taking such deposition, $6.00 Miscellaneous Permits: Christmas tree sales permit, $50.00 Solicitors permit--master, $ annually per company Structural moving permit, $50.00, plus $0.32 per mile Residential/commercial alarm permits (original), $20.00 Residential/commercial alarm permits (renewal), $10.00 False alarm fee (assessed after fifth false alarm), $50.00 Tent permit fee, $30.00 Fire inspection fee, $45.00 Fence permit, $15.00 Swimming pool permit (in ground only), $ Swimming pool permit (above ground), $50.00 Lawn irrigation permit, $75.00 Page 20

7 Special Event Permit: Administrative processing fee, $50.00 Carnival, $ Circus, $ Outdoor amusement, other than carnival, $ Parade, no charge NOTE: Proper paperwork must still be filled. Late filing fee, if applicable, $50.00 Municipal Court Fees: Municipal court security fee, $3.00 Municipal court technology fund, $4.00 Municipal court time payment fee, $25.00 Bank charges on returned check, $5.00 Municipal court fines/fees, See approved schedule Municipal court records copy, $1.00 per page Offense records, $1.00 per page Sex offender records, $1.00 per page Police accident reports, $5.00 Sign Fees: Sign contractor's license, $10.00 per year Sign contractor's bond, $5, Street signage fee, cost of sign and installation for new development, plus ten percent administrative fee Sign permit: Up to 50 square feet, $ to 100 square feet, $ to 150 square feet, $ to 200 square feet, $ to 250 square feet, $ square feet and above, $250.00, plus $1.00 per square foot in excess of 250 square feet Development/Building Fees: Zoning/rezoning, $ plus $15.00 per acre up to 250 acres and $8.00 per acre over 250 acres Special use permit zoning, $ Preliminary plat, $200.00, plus $12.00 per acre Final plat/construction plans, $325.00, plus $25.00 per acre Minor plat or replat, $ Page 21

8 Land study or site plan, $400.00, plus $1.00 per acre County filing fee, $ per document Certificate of occupancy inspection, $ Certificate of occupancy reinspection, $50.00 Excavation permit fee, $ Streetlight electrical cost, one month actual electricity cost x 24 months, per streetlight in new developments Street improvement fee (new development), as per subdivision ordinance (latest addition) Consultant services required for development not indicated (legal, engineering and planning), actual cost Pro-rata, based on specific project development agreement Water impact fee, $ or the equivalent service unit as identified in Exhibit A Wastewater impact fee, $ or the equivalent service unit as identified in Exhibit A Pro-rata collection processing fee, five percent of amount collected Park improvements fee, $ per residential/multifamily unit Development construction observation, three percent of construction cost (water/sewer/paving/drainage) Construction trailer permit (temporary), $ Temporary electrical pole, $ Building reinspection fee, $75.00 Plan review, $ residential, $ commercial Plan review due to modification, $ (residential/commercial) Inspections for which no fee is specifically indicated, $ Building permit Valuation; $1.00 to $500.00, $23.50 $ to $2, , $23.50 for the first $ plus $3.05 for each additional $100.00, or fraction thereof, to and including $2, $2, to $25,000.00, $69.25 for the first $2, plus $14.00 for each additional $1,000.00, or fraction there of, to and including $25, $25, to $50,000.00, $ for the first $25, plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50, $50, to $100,000.00, $ for the first $50, plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100, $100, to $500,000.00, $ for the first $100, plus $5.60 for each additional $1,000.00, or a fraction thereof, to and including $500, $500, to $1,000,000.00, $3, for the first $500, plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000, $1,000, to and up, $5, for the first $1,000, plus $3.15 for each additional $1,000.00, or fraction thereof Model home permit, $ Page 22

9 City trade license, $50.00 (mechanical, electrical, plumbing, automatic sprinkler systems) Park User Fees: Athletic fields: Organized leagues, $15.00 per participant Nonresidential league fee, $0.00 Individual practice--no lights, $7.50 per hour Individual practice--with lights, $7.50 per hour, plus 60 percent of lighting cost Tournament fees: Tournament, $50.00 Per team, $20.00 Deposit, $ Participation fees: Individual residential, $15.00 Individual nonresident, $20.00 Nonathletic reservations: Pavilion, $25.00 per 4 hours Deposit, $50.00 Picnic area, $5.00 per 4 hours Deposit, $20.00 Gazebo--resident, $25.00 per hour Deposit, $ Gazebo--nonresident, $50.00 per hour Deposit, $ Park User Fees -- Princeton Youth Sports Association: Athletic fields: Organized leagues, $2.00 per participant Lighting charge, ten percent of lighting cost Tournament fees: Tournament, $50.00 Per team, $20.00 Deposit, $ Miscellaneous Copies and Services Notwithstanding any other provision herein to the contrary, the cost of other public information copies, and/or copies of information referenced herein, shall be consistent and in accordance with the most current charges permitted and promulgated by the Texas Building and Procurement Commission. It is intended by this provision that production of all information is consistent with the Public Information Act and applicable, permissible charges. Page 23

10 Miscellaneous Permits Lawn irrigation permit, $50.00 Foundation repair permit, $50.00 Roof permit, $75.00 Sign Fees Sign Contractors (annual), $50.00 Development/Building Fees: Building re-inspection fee, $50.00 Building Permits (as required by the 2003 International Residential Code) - Electrical, $ HVAC, $ Plumbing, $50.00 Contractor Registration--Annual - General Contractors, $ Plumbers, $ HVAC, $ Electricians, $ Third Party Energy Inspectors, $ Back Flow Testers, $ Foundation Repair companies, $ Roofing Companies, $50.00 (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec. 2. Penalty. Any person violating the terms and provisions of this chapter shall, upon conviction, be punished by a fine of not more than $500.00, and each and every day this chapter is violated shall constitute a separate offense. (Ord. No , 4, ) TABLE INSET: METER SIZE EQUIVALENCY FACTOR 3/4" 1.00 in 1.67 EXHIBIT A Service Unit Equivalents WATER IMPACT WASTEWATER IMPACT FEE FEE $ $ $1, $ Page 24

11 11/ $2, " 5.33 $4, " $8, " $13, " $26, " $42, " $61, $1, $2, $4, $6, $13, $21, $30, (Ord. No , Exh. A, ) Page 25

12 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATIONS OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN WATER AND SEWER CERTIFICATES OF OF CONVENIENCE AND NECESSITY IN COLLIN COUNTY ADMINISTRATIVE HEARINGS RESPONSES FROM THE CITY OF PRINCETON TO EXECUTIVE DIRECTOR'S INTERROGATORIES NO.3-14.,i ALIGNED LANDOWNERS EXHIBIT GAM-24 7 PAGES

13 Interrogatory No. 3: Please describe in detail your position regarding the adequacy of water and sewer utility service currently provided to the areas requested in your water and sewer Certificate of Convenience and Necessity ("CCN") applications, including, if known, a description of whether people currently reside in the requested areas that receive water and/or sewer utility service, identification of each of those people, and identification of the water and/or utility service provider for each of those people. Please distinguish between water and sewer in your response. RESPONSE: To all customers within the requested area that receive service from the City of Princeton, Princeton currently provides continuous and adequate water and/or sewer service that meets or exceeds State minimum standards. Princeton has a contract with the North Texas Municipal Water District for sewer service and for water supply. Princeton currently provides water service to the following subdivisions: 1. Park Trails 2. Villas of Monte Carlo 3. Forest Grove 4. Avalon 5. Princeton Lakes 6. Hillside 7. Cypress Bend 8. Customers in the City limits Princeton currently provides sewer service to the following subdivisions: 1. Park Trails 2. Villas of Monte Carlo 3. Forest Grove 4. Cypress bend 5. Customers in the City limits 5

14 Interro2atory No. 4: Please describe in detail your position regarding the need for additional water and/or sewer utility service to the entire areas requested (13,500 acres for water and 30,000 acres for sewer) in your CCN applications, including, but not limited to, identification of any person or entity who has requested service in your requested area(s), identification of the name(s), address(es), and phone number(s) of each person or entity, description of the population in the proposed are(s) sought by each entity in its application(s), and description of the water and sewer utility service currently available to each identified person. Please distinguish between water and sewer in your response. RESPONSE: The need for water and sewer service exists in the requested water and sewer service territories. The City of Princeton has received numerous requests for water and sewer service within the requested area. The growth in the requested service territories is continuing to build. The City continues to process plats for new subdivisions. The subdivisions named in response to Interrogatory No. 3 demonstrate that the need for water and sewer service exists in the requested service territory. Interro2atory No. 5: Please describe in detail your position regarding the effect of the proposed water and sewer CCNs requested by you, on any retail public utility of the same kind already serving the areas proximate to those areas you requested in your CCN applications. Please distinguish between water and sewer in your response. RESPONSE: Princeton's water and sewer applications should have no impact on any neighbouring utilities as no other utility that Princeton is aware of is providing water or sewer service in Princeton's requested service territories, except for a few customers allegedly served by Culleoka Water Supply Corporation that are located in Princeton's requested water service territory. 6

15 Interrogatory No. 6: Please describe in detail your ability to provide continuous and adequate water and/or sewer utility service to the areas requested in your CCN applications. Please distinguish between water and sewer in your response. RESPONSE: The City has contracts for water and sewer services with the North Texas Municipal Water District. The service that is provided is continuous and adequate. Interrogatory No. 7: Please describe in detail your managerial capability to provide continuous and adequate water and/or sewer utility service to the requested service areas and identify Princeton employee and/or contractor who will be utilized for providing managerial functions and/or services. Please distinguish between water and sewer in your response. RESPONSE: The City of Princeton has the managerial capability to provide continuous and adequate water and sewer utility services to the requested service areas. The City incorporates its responses in its application to question number I.A. to this response. The City purchases water and wastewater treatment services from North Texas Municipal Water District. 7

16 Interrogatory No. 8: Please describe in detail your position regarding the feasibility of obtaining water or sewer utility service from another retail public utility adjacent to the areas requested in your CCN applications. Please distinguish between water and sewer in your response. RESPONSE: That Princeton is aware of, there are no other utilities in the proposed service area with the legal authority to provide service to the area. Although Culleoka Water Supply Corporation does allegedly provide water service to a few customers within the City's requested water service territory, the City has still not determined if it has the legal ability to do so. Thus, obtaining service from an adjacent retail public utility is infeasible. Interrogatory No. 9: Please describe in detail the effect of granting your CCN application would have on the environmental integrity of the service areas requested in your CCN applications. Please distinguish between water and sewer in your response. RESPONSE: Princeton believes that providing sewer service to the requested area that currently relies on septic systems would enhance the environment integrity of the proposed service area. Providing water service that meets the State's potability standards also ensures that customers in the area will have a safe source of water. 8

17 Interro2atory No. 10: Please describe in detail your position regarding the probable improvement in service or lowering of cost to consumers in the areas requested in your CCN applications, should your applications be granted, including the rates you plan to charge those consumers. In your response, please include a description of historical water service reliability and historical water quality data in Princeton's proposed service areas, and describe current and projected costs to consumers in Princeton's proposed service areas. Also, please distinguish between water and sewer in your response. RESPONSE: There will be an improvement in water and sewer service by granting the applications as the City provides service to many customers in its requested service territory. The rates to be charged will be the same rates current customers receive from the City. Interrogatory No. 11: Please describe the proximity of the proposed areas sought your (sic) CCN to any existing facilities currently operated by Princeton and any other retail public utility, if knows, and to any water and/or sewer facilities Princeton proposed to construct. Please distinguish between water and sewer in your response. RESPONSE: The City currently has existing water and sewer utilities in the City's requested water and sewer service territories. 9

18 Interrogatory No. 12: Please identify and describe, including amount and type, any and all of costs that will passed to potential customers in the proposed Princeton water and sewer CCN areas if Princeton becomes the water and/or sewer utility service provider for those areas, including, but not limited to, any and all initial and long-tenn facility costs. Please distinguish between water and sewer in your response. RESPONSE: The City is already the water and sewer provider in the areas it seeks to certificate. Customers receiving service will continue to pay all applicable water and/or sewer utility rates in order to receive service. Interrogatory No. 13: If Princeton proposes to construct a new stand alone water and/or sewer system to serve any of its areas requested in its applications, please provide a detailed analysis of all the costs necessary for the first five years to construct, operate, and maintain those facilities. RESPONSE: Princeton does not propose to construct a new stand alone water or sewer system. 10

19 Interrogatory No. 14: Is it your position that Princeton has a water treatment and distribution system and/or wastewater treatment system in place that is adequate to provide utility service to the areas Princeton proposes to serve in its applications? If so, please describe any potable water treatment and delivery system that you believe is in place and adequate to provide water utility service to the proposed areas sought in Princeton's water CCN amendment application, as well as any wastewater treatment system. Please describe the capacities of each component of any such systems, including, but not limited to: well capacities (including a description of wash well's depth aquifer, and gallons per minute production during average and peak drought conditions); feet of distribution lines in the systems and the diameter of those lines; pumps and their rated capacities; and treatment plants and their capacities not already used to meet peak demands of existing Princeton customers and/or customers Princeton is already committed to serve. Please distinguish between water and sewer in your response. RESPONSE: The City has the present water and wastewater treatment system to provide continuous and adequate service to its requested service territories. The City already has an existing water distribution and sewer collection system in place that serves much of the requested service territories. A map of the City's utility system is provided in response to Request for Production Nos. 8 and 9. 11

20 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATIONS OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN WATER AND SEWER CERTIFICATES OF OF CONVENIENCE AND NECESSITY IN COLLIN COUNTY ADMINISTRATIVE HEARINGS 1ST SUPPLEMENTAL RESPONSES FROM THE CITY OF PRINCETON TO MR. GAMMENTHA.LER'S _ INTERROGATORIES ALIGNED LANDOWNERS EXHIBIT GAM-25 3 PAGES

21 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATION OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN A WATER AND SEWER CERTIFICATE OF OF CONVENIENCE AND NECESSITY (CCN) IN COLLIN COUNTY, TEXAS ADMINISTRATIVE HEARINGS APPLICATION NOS C & C CITY OF PRINCETON'S IT SUPPLEMENTAL RESPONSES TO MR. GAMMENTHALER'S INTERROGATORIES TO: Mr. Robert Gammenthaler, 9637 County Road 867, Princeton, TX The City of Princeton ("City" or "Princeton"), serves this, its 1g" Supplemental Responses to Mr. Robert Gammenthaler's Interrogatories pursuant to Rules 196, 197, and 198 and other applicable rules of the Texas Rules of Civil Procedure, Chapter 2001 of the Texas Government Code, and applicable rules and regulations of the Texas Commission on Environmental Quality ("TCEQ" or "the Commission") and the State Office of Administrative Hearings ("SOAH"). A. INTERROGATORIES 2"a Amended Interrogatory No. 6: Please identify and describe, including amount and type, any and all costs that will be passed to a potential customer located at the intersection of County Road 436 (Clear Lake Road) with County Road 990 (near the entrance to Clear Lake Park) in the proposed Princeton CCN areas if Princeton becomes the sewer utility service provider for those areas, including, but not limited to, any and all initial and long-term facility costs and developer and subscriber connection fees. Assume the following in your response: The request is made on January Service is being extended from the Princeton infrastructure existing on the above date. The connection will serve one single-family.residence occupied by 4 persons on a '/a acre parcel of land. Water connection is via a 1 inch meter. Sewer connection is via a 4 inch PVC drain. Average monthly water usage is 12,000 gallons. + Peak sewer load is 10 gallons per minute.

22 RESPONSE: OBJECTION The City objects to the request it calls for speculation. Additionally, the response is overly broad, vague, and unduly burdensome. Without waiving the objection, the City provides the following response: In the above hypothetical situation, it is estimated that a duplex lift station would need to be created, with an approximate cost of $10, A 2" PVC force main by trenching at 40,850 units would cost approximately $245, A 2" PVC force main by boring for 1,080 units would cost approximately $54, A 2" PVC force main on bridge for 500 units would cost approximately $25, Driveway repair would cost approximately $9, Total construction costs would run approximately $343, and total engineering and contingencies would run approximately $ for a total for the project of approximately $412,

23 2d Amended Interrogatory No. 10: Please estimate the time it would take for Princeton to provide sewer utility service to a potential customer located at the intersection of County Road 436 (Clear Lake Road) with County Road 990 (near the entrance to Clear Lake Park) in Princeton's sewer service area in compliance with all applicable TCEQ rules and statutes. Assume the following in your response: The request is made on January Service is being extended from the Princeton infrastructure existing on the above date. The connection will serve one single-family residence occupied by 4 persons on a '/4 acre parcel of land. Water connection is via a 1 inch meter. Sewer connection is via a 4 inch PVC drain. Average monthly water usage is 12,000 gallons. Peak sewer load is 10 gallons per minute. RESPONSE: OBJECTION The City objects to the request it calls for speculation. Additionally, the response is overly broad, vague, and unduly burdensome. Without waiving the objection, the City provides the following response: In the above hypothetical situation the City estimates that it would take about 7 months to provide sewer service. Respectfully submitted, Russell & Rodriguez, L.L.P. 102 West Morrow, Suite 103 Georgetown, Texas (512)930- ' ^1 (5 12) 9 7 (F,p96_,T, ARTYRO D. RIGUEZ, JR. State Bar N ATTORNEY FOR THE CITY OF PRINCETON, TEXAS 3

24 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATIONS OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN WATER AND SEWER CERTIFICATES OF OF CONVENIENCE AND NECESSITY IN COLLIN COUNTY ADMINISTRATIVE HEARINGS PRINCETON HERALD ARTICLE OF NOVEMBER 20, 2008 ABOUT RE-EVALUATION OF PRIORITIES FOLLOWING FAILURE OF HOME RULE CHARTER ELECTION a,._ ALIGNED LANDOWNERS EXHIBIT GAM-26 2 PAGES 11 X 17

25 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATIONS OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN WATER AND SEWER CERTIFICATES OF OF CONVENIENCE AND NECESSITY IN COLLIN COUNTY ADMINISTRATIVE HEARINGS PREFILED TESTIMONY OF DAVID STRAWN ON BEHALF OF HIMSELF, FELICIA SAIGLING ESTATE, AND THE HEIRS OF W. N. SAIGLING JR, ^_.. NOVEMBER 9, 2009 ALIGNED LANDOWNERS EXHIBIT STRAWN-1 6 PAGES

26 PREFILED TESTIMONY OF DAVID STRAWN TABLE OF CONTENTS SECTION Introduction II. Authentication of Exhibit Strawn 2 III. Conclusion Prefiled Testimony 1 David Strawn

27 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATION OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN A WATER AND SEWER CERTIFICATE OF OF CONVENIENCE AND NECESSITY IN COLLIN COUNTY ADMINISTRATIVE HEARINGS PREFILED TESTIMONY OF DAVID STRAWN 1 I. INTRODUCTION 2 Q. WHAT IS YOUR NAME? 3 A. My name is David Strawn. 4 5 Q. WHAT IS YOUR BUSINESS ADDRESS AND TELEPHONE 6 NUMBER? 7 A. My address is 9985 CR 437, Princeton, Texas My telephone number 8 is (972) H. AUTHENTICATION OF EXHIBIT STRAWN 2 11 Q. ON WHOSE BEHALF DO YOU APPEAR? 12 A. I am appearing on behalf of myself ("Strawn"), the Felicia A. Saigling Estate 13 (the "Estate"), and the heirs of W. N. Saigling Jr. ("Saigling"), pursuant to 14 and in accordance with the November 7, 2009, signed letter of appointment 15 from Diane Strawn, Rick Saigling, and Margaret Cregg, the heirs of W. N. 16 Saigling Jr. and Letters of Independent Administration No from Prefiled Testimony 2 David Strawn

28 1 Probate Court No. 1 of Collin County, Texas. A true and correct copy of 2 these documents is attached hereto as Exhibit Strawn Q. DESCRIBE YOUR RELATIONSHIP WITH THE ESTATE AND 5 SAIGLING. 6 A. I am the Independent Administrator of the Estate of Felicia A. Saigling, my 7 wife's grandmother. My wife, Diane Strawn, her brother, Rick Saigling, and 8 her sister, Margaret Cregg, are the children of W. N. Saigling Jr. who died 9 March 24, Q. PLEASE DESCRIBE THE LOCATION AND SIZE OF THE TRACTS 12 OF PROPERTY OWNED BY YOU, THE ESTATE, AND SAIGLING 13 THAT ARE AT ISSUE IN THIS HEARING. 14 A. My property consists of approximately 45 acres, the Estate property is 15 approximately 303 acres, and Saigling's property is approximately 166 acres. 16 All three tracts of property are located in Collin County, Texas, 17 approximately 7-9 miles south of the City of Princeton, Texas, proper, south 18 of Highway 546 and west of Highway Q. DO YOU, THE ESTATE, OR SAIGLING HAVE A NEED FOR 21 WASTEWATER SERVICE FOR YOUR RESPECTIVE TRACTS OF 22 PROPERTY? 23 A. Not at this time. Prefiled Testimony 3 David Strawn

29 Q. WHEN DOES THE CITY OF PRINCETON PROPOSE TO CONSTRUCT THEIR PLANNED WASTEWATER IMPROVEMENTS AT THE INTERSECTION OF FM 982 AND FM 546? A. According to the City of Princeton Exhibit APP-17, there is no timeline for wastewater construction to the area of FM 982 and FM Q. HAVE YOU, THE ESTATE, OR SAIGLING EVER REQUESTED SANITARY SEWAGE SERVICE FROM THE CITY OF PRINCETON? A. No Q. DO YOU BELIEVE THAT IT IS REASONABLE FOR STRAWN, THE ESTATE, OR SAIGLING TO OBTAIN RETAIL SEWER SERVICE FROM PRINCETON? A. No. Princeton has no existing wastewater facilities located near the Strawn, Estate, or Saigling properties and the cost of extending service from the three tracts to Princeton's existing lines would be cost prohibitive. Furthermore, Princeton provides no timeline for construction of wastewater service even remotely near the Strawn, Estate, or Saigling properties. Prefiled Testimony 4 David Strawn

30 1 Q. DO YOU BELIEVE THAT PRINCETON OBTAINING A SEWER 2 CCN THAT INCLUDES THE STRAWN, ESTATE, OR SAIGLING 3 PROPERTIES WOULD BE BENEFICIAL FOR MARKETING OR 4 DEVELOPING THE PROPERTIES AT THIS TIME? 5 A. No. As it pertains to marketing and developing, the Estate property is owned 6 undivided by a number of heirs who believe that a possible buyer for the 7 Estate property would rather purchase the entire 303 acres in one tract. The 8 Estate property is currently farm land with no improvements. Existing 9 development in the area near and adjoining the Estate property consists 10 primarily of one- to ten-acre home sites including planned developments with 11 one- and two-acre sites. I believe in the foreseeable future the best way to 12 market the Estate property is a development similar to existing and 13 surrounding properties without retail sanitary sewer service. The Saigling and 14 Strawn properties are also primarily farm and ranch land with no plans to 15 market or develop the properties Q. DO YOU BELIEVE THE PROPOSED PRINCETON CCN 18 ADVERSELY AFFECTS THE ESTATE, SAIGLING, AND STRAWN 19 PROPERTIES? 20 A. Yes. 21 Prefiled Testimony 5 David Strawn

31 Q. WHY? A. Because of the distance from existing sewer services in Princeton and the City of Princeton estimates of when sewer service would be economically feasible to the Estate, Saigling, and Strawn properties, the proposed CCN would give the City of Princeton the ability to control and determine development of property beyond its boundaries and ETJ with no recourse or relief M. CONCLUSION Q. DOES THIS CONCLUDE YOUR TESTIMONY? A. Yes. However, with the Judge's permission, I reserve the right to amend my testimony as required. Prefiled Testimony 6 David Strawn

32 SOAH DOCKET NO TCEQ DOCKET NO UCR APPLICATIONS OF THE CITY OF BEFORE THE STATE OFFICE PRINCETON TO OBTAIN WATER AND SEWER CERTIFICATES OF OF CONVENIENCE AND NECESSITY IN COLLIN COUNTY ADMINISTRATIVE HEARINGS AUTHORITY OF DAVID STRAWN TO REPRESENT FELICIA A. SAIGLING ESTATE AND W. N. SAIGLING, JR. ALIGNED LANDOWNERS EXHIBIT STRAWN-2 8 PAGES

33 November 7, 2009 To Whom It May Concern: I, Diane Strawn, 9985 CR 437, Princeton TX 75407, do hereby appoint David Lee Strawn to serve as my agent and to represent me in any and all matters pertaining to the City of Princeton, Texas, application for water and sewer CCN. Nos C and C. ^i. ^])-, a2z:nn, Diane Strawn 9985 CR 437 Princeton, TX TX DL ^OZ'«1u1VnIrIP s3atm NoISClwn0'J IVI 'J2l323ad DDIIA...i^...w^ VIM FREiERG YY COIe0i11S1fION 07IRE3 ^ I '. ^ JANUARY 31, 2013

34 November 7, 2009 To Whom It May Concern: i, Rick Saigling, residing at 1117 Philip Drive, Allen, Texas 75013, do hereby appoint David Lee Strawn to serve as my agent and to represent me in any and all matters pertaining to the City of Princeton, Texas, application for water and sewer CCN. Nos C and C. Rick Saigling 1117 Philip Drive Allen, TX TX DL yv'^ viau FREsERG My COMMISSION EXPIRIES JANUARY _

35 November 7, 2009 To Whom It May Concern: 1, Margaret Cregg, residing at 3525 Louis Drive, Piano, Texas, 75023, do hereby appoint David Lee Strawn to serve as my agent and to represent me in any and all matters pertaining to the City of Princeton, Texas, application for water and sewer CCN. Nos C and C. ^ Margaret Cre 3525 Louis Drive Piano, TX TX DL , v1inu F^s ^ CObll^ll^lSION:^IPEIS JANUARY 31

36

37 .n. LETTERS OF INDEPENDENT ADMINISTRATION WITH WILL ANNEXED NO ESTATE OF " IN THE PROBATE COURT FELICIA A. SAIGLING DECEASED NO. 1 COLLIN COUNTY, TEXAS,. THE STATE OF TEXAS COUNTY OF COLLIN ^. S" e" 4 ae L,a,ce# Lount awa.' Pao4te L,ount Ww 66uot#,?exa.d da 4ie4 mt* that oa tle 27tli d^ 4 2ff:g& , DAVID STRAWN cuaq 4 ma L,ount gzc*ad. L'em'w 4 194#4-*4 Wia Zf/i&,,^xed ^7/w gaa.te 4 FELICIA A. SAIGLING, Derea.ded akci ffa t oa ffte 4al daq 4 66". 200,9 HE aa.q 44 qaa&#ed a4 INDEPENDENT ADMINISTRATOR ducl aq ffe ea& n^qcu^w, awa' O^at oaia' aa600ameot a a4& co P& ^aue aad e#ect. ZUit.ae" Huy 4a.Kd aod deae 4 o#ve at Xc^wtecy, 7euw ow tfiq ffe 4tl d.act ow, 20019< s" i^, ecwoo &^ ^^ ^^u^y, ^exaq ^; ^

38 ;:^^ ^.^^ f^^^^^^ STATE (F TEXAS, ^ YdIOT ALL REN BY THESE PRESENTS: COUNTY OF COLLIN. tii.n. SAiOLING, and FELICIA A. SAIGL ING, husband and wife, That ^e, of sound and disposing mind,n'ierffory and of Collin county, Texas, being understanding, in view of the uncertainty of lif e, and for the purpose best disposition of our -worldly a.ffairs,do hereby make, of makin^; the and Ll^b^.i:3h this Our last will- a.rid' T^'sta^en^,l3erebg revol^ing ae cla.re P all former wills,if any, by us or either of us heretofore made- ^,^^, N. S AIGLING it is our will and desire that the survivor of us, I-" An r t s and F3^^LICIA A. SAIGLII^G,as the case may be, shal l,with the rig h or description,real, authorityhpzein below given,have all the estate of every xed ^rhich either or both of us may own, to t be used,occupied per sonal or rn^., conveyed and expended by,and during the life of such survivor, enjoyed, at upon the death of such survivor any and all of such estate an. th among g and remaining,and the increase thereof,if any,shall be divided then between our children and deseendants,as hereinafter set outat the Such estate remaining in the hands of the survivor, "B" vest in our children,in equal shares and. parts, d_ Path of such survivor t o t.vent any child should predecease such survivor,the descendants and in ^he e ing in such child or the part otherwise vest of such with the laws of descent u 1 shares and -^^'r.ts,in accordance, children in eq ^ and distribution of Texas. e and appoint the survivor of us sole independen.t executor?. ^r,e name as the case may be,oi this -will, and destrk` no bond be o_t executrix, of such s^lrvivor,and no action in the probate court,othel than rf.quired o probate this will. ^ and we 3za.ms 3. At the death of such survivor, it is our de ^: ire W. N. SAIGLING,as sole independent executor of this and appoint our son, Wil^..and desire no action in the -probate court other than to our la-st

39 .6 VOL 161 PAGE 3^7 +.N.SAIrLING FELICIA A. SAI^-LII Signed,sealed,and declared by W. N. SAIrTLING,and FELICIA A.SAIGLING as their last Will and Testament,in our pr^-sence, and we at their request and in their presence,ha.ve subscribed our names hereto as attesting witnesses; knd we each state that we,and the ma}>ers,each are over the age of 21. years,on this the. e4^cution he?: eof. ^_ day of January,A.D.1944, the date of the

40 THE STATE OF TEXAS I Clerk County Court COUNTY OF COWN 6ollin County, Texas Do hereby certify that the foregoing instrument of writing is a full, true and corred co of e i ent as filed for p record in my office the y of ft11 ^^ No l^^q Witness my hand And offici seal at rny office in MciGnney, Texas, this ay of Collin County Clerk Collin County, Texas eputy

41 ' p b41 SOAK D CYT NO UCR ^ TKE STATE OFFICE TCEQ DO BEY OF ^ TION OF THE CITy ^W OF?'TER APPLIETpN Tp pb,i^ ATE OF TIVE HEARINGS PRINC CERTIFIC ^1VIINISTRA AND SEWER D NECESSITY ENIENCE AN S CpNVE,LIN CpU ps 3 p& C IN Cp TIpN N p 5s APPLICA TCE SOAH Q DpC^T D OCKET Np. N UCR THE STATE p^ice`'+n BEFp" OF E CITy OF ^^NpS ANEY PPLIC Tp ON AMEN of THD SEI EN CE TIVE H^-; ADMINIST^' MC^N OF CONVEN CERTIFICATE 200^1 S ;_; a r. ^ AND NECE, SSITy N Np Ty. J AND EXHIBITS IN COLLIN CO Np C APPLICATION PREFILED TESTIMONY MC^NNEY CITY OF IST^TIVE I'Aw ^GE ny es this its prefiled testim Al) M^ and fil LE ey)l refiled THE H0NORAB of M ec TO W, the City ckinn y ^MKlnnlowing is a list of the attached p COMES N^ roceedings The fol ced p the ab ve-referen ln an exhibits testimony and exhibits. s CCN ApPlication ^ McKi^ey EXhibit No l McKir'ney estimony of Reg1e Neff ^, prefiled T Mcy,:111tiey Exhibit I^I\Ij e of Reg1e Neff 3 Resum hibit or the City f CC tonal Chathe ling o :ozin McKi^ey Exhibit Nq 4 Aug Resolution ^ Council City Sewer CCN Proposed McKi^ey Exhibit N 5 Application overlaying p ater CC" \j a p of McKi^eyS W Mp McKinney Exhibit N0.6 mony of Brian James Exhibit No McKinney filed Testi

42 x. - s ^ -Kinney Exhibit No. 8 ivlt_,anney Exhibit No. 9 McKinney Exhibit No ' McKinney Exhibit No. 11 McKinney Exhibit N^12 McKinney Exhibit No. 13 McKinney Exhibit No.. 14 McKinney Exhibit NoM 5 McKinney Exhibit No. 16 McKinney Exhibit o.17 McKinney Exhibit No.18 McKinney ExhibitNo 19 McKinney Exhibit No 20 McKinney Exhibit No. 21 McKinney Exhibit No. 22 Resume of Brian C. James Copy of a Map of McKinney's City Limits and Certified Extraterritorial Boundaries Map of Recent Plats & Existing Sewer Facilities Certified Copy of McKinneY 's Impact Fee Study for the Utility Impact Fee Prefiled Testimony of Jack Carr Resume of Jack Can Prefiled Testimony of Jennifer Fung Resume of Jennifer Fung Ordinance Adopting the New Sewer Service Rates Ordinance Adopting McKinney's FY Budget McKinney's FY Line Item Budget for the Water and Wastewater Utility Fund McKinney's FY Comprehensive Annual Financial Report Prefiled Testimony of Harlyn Farrell Resume of Harlyn Farrell List of McKinney's sewer system Operators Respectfully submitted, BICKERSTAFF, HEATH, POLLAN & CAROOM, L.L.P. 816 Congress Avenue, Suite 1700 Austin, Texas (512) (512) (FAX) EMILY W. ROGERS State Bar Number

43 WILLIAM D. DUGAT, III State B Number B EMILY O RS State Bar umber ATTORNEYS FOR CITY OF MCKINNEY

44 CERTIFICATE OF SERVICE I hereby certify, by my signature below, that a true and correct copy of the above and foregoing was forwarded via First Class Mail or hand delivery on November 20, 2006 to the following parties of record: Arturo D. Rodriguez, Jr. Russell & Rodriguez, L.L.P. 102 West Morrow Street, Suite 103 Georgetown, Texas (512) (Fax) Attorneys for the City of Princeton Blas Coy, Jr., Attorney Scott Humphrey, Attorney Office of the Public Interest Counsel - MC 103 Texas Commission on Environmental Quality P.O. Box Austin, Texas (512) (Fax) Brian MacLeod, Attorney Legal Division - MC 175 Texas Commission on Environmental Quality P.O. Box Austin, Texas (512) (Fax) James Wilson Skip Newsom Rapier & Wilson, P.C. 103 W. McDermott Allen, Texas (972) Phil Haag Karey Oddo Winstead, Sechrest, Minick, P.C. 401 Congress Ave., Suite 2100 Austin, Texas (512) (Fax) Robert Gammenthaler 9637 County Road 867 Princeton, Texas (972) Office of Public Interest Counsel TCEQ - Executive Director North Collin County WSCAltoga WSC Culleoka WSC Tim Bennett Engineering & Construction, Inc.Billy Jo Donihoo David Strawn The Felicia Saigling Estate W.N. Saigling, Jr. Aligned Group of LandownersRobert Gammenthaler Marie Biggs Louis G. and Linda G. Pollaehn

45 Cynthia Kaminsky 2782 Briar Trail McKinney, TX (972) (972) (FAX) Martin Rochelle Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend P.O. Box 1725 Austin, TX (512) (512) (FAX) R. Matthew Molash Attorney 1717 Main, #2800 Dallas, TX (214) (214) (FAX) Fred HerbertRobert and Karen Finch John Powell, Sr. Cynthia Kaminsky Boa Sorte, L.L.C. MA BB Owen, L.P. The Honorable Lilo Pomerleau Administrative Law Judge State Office of Administrative Hearings 300 West 15th Street, Suite 504 Austin, Texas (512) (512) (Fax) Docket Clerk Office of the Chief Clerk - MC 105 Texas Commission on Environmental Quality P.O. Box Austin, Texas (512) (Fax) Emily W. Rog s State Bar Nu r

46 McKINNEY EXHIBIT NO. 1

47 Bickerstaff, Heath, Pollan & Caroom, L.L.P. 816 Congress Avenue Suite 1700 Austin, Texas (512) Fax (512) November 20, 2006 Y.^I Via Messenger The Honorable Lilo Pomerleau, ALJ State Office of Administrative Hearings 300 W. 15th Street, Suite 504 Austin, Texas ; ^ RE: SOAH Docket No ; TCEQ Docket No UCR; Application of the City Princeton to Obtain a Water and Sewer CCN in Collin County, Texas, Application Nos C and C; SOAH Docket No ; TCEQ Docket No UCR; Application of the City of McKinney to Amend CCN No in Collin County, Texas, Application No C Dear Judge Pomerleau: Enclosed is a copy of City of McKinney's Prefiled Testimony and Exhibits in connection with the referenced matters. A copy is being filed with the TCEQ and copies are being served on each of the parties. Please be aware that several of the maps in the Wastewater Master Plan did not copy very well. I have an electronic version of the Plan and will be making new, better copies of the maps in the Plan. Those will be delivered to you and the parties as soon as possible. Should you have questions or need to reach me, please call (512) Sincerely, Y Emily W. Rogers 4 EWR/bc Enclosures

48 Bickerstaff, Heath, Pollan & Caroom, L.L.P. 816 Congress Avenue Suite 1700 Austin, Texas (512) Fax (512) November 20, 2006 Via Messenger r, Ms. LaDonna Castanuela, Chief Clerk Office of the Chief Clerk - MC 105 Texas Commission on Environmental Quality Park 35 Circle, Building F, 1 st Floor Austin, Texas F RE: SOAH Docket No ; TCEQ Docket No UCR; Application of the City Princeton to Obtain a Water and Sewer CCN in Collin County, Texas, Application Nos C and C; SOAH Docket No ; TCEQ Docket No UCR; Application of the City of McKinney to Amend CCN No in Collin County, Texas, Application No C Dear Ms. Castanuela: Enclosed are two copies of City of McKinney's Prefiled Testimony and Exhibits in connection with the above-referenced matters. Please file one of the copies and have the other copy filed-stamped and returned to our runner. Should you have questions or need to reach me, please call (512) Sincerely, EWR/bc Enclosures cc: All Parties on Service List /011 gmd_,^. Emily y W. Rogers ael,_g^

49 Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. 816 Congress Avenue Suite 1700 Austin, Texas (512) Fax (512) July 21, 2005 t t, e p, Ilk Via Messen,zer Texas Commission on Environmental Quality Registration, Review & Reporting Division Permits Administrative Review Section Water Quality Applications Team MC Park 35 Circle, Bldg. F, 5' Fl. Austin, Texas ^W le Re: City of McKinney's Application to Amend Sewer CCN #20071 Dear Sir or Madam: Enclosed please find an original and 4 copies of City of McKinney's Application to Amend Sewer Certificate of Convenience and Necessity (CCN) No Also enclosed with the original application is a check in the amount of $100 payable to the Texas Commission on Environmental Quality for the application filing fee. to our runner. in this matter. Please file the original and three copies and have the extra copy file-stamped and returned If you have any questions, please give me a call at Thank you for your assistance Sincerely, AdV411- Emily W. Rogers EWRIbc Enclosures McKinney Exhibit No. ^

50 w- " s ^ ^ APPLICATION TO OBTAIN OR AMEND D CERTIFICATE OF CONVENIENCE WATER OR SEWE R NECESSITY (CCN) page 1 of 23 Revised 11/02) TCEa (