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,