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HomeMy WebLinkAbout01-27-22-9.4 - Resolution - 01/27/2022RESOLUTION NO. 01-27-22-9.4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, REPEALING AND REPLACING RESOLUTION NO. 2-9-2006-13.04 WITH THIS PRESENT RESOLUTION APPROVING AN OFFICIAL POLICY REGARDING THE EXTENSION OF WATER AND SEWER UTILITY SERVICES TO PROPERTIES WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, on February 9, 2006, the City Council of the City of College Station in Resolution No. 2-9-2006-13.04 approved an official policy regarding the extension of water and sewer utility services in the City's Extraterritorial Jurisdiction; and WHEREAS, the City Council has determined that Resolution No. 2-9-2006-13.04 should be repealed and replaced with an updated policy as contained herein; and WHEREAS, the City Council of the City of College Station adopted its updated Comprehensive Plan in October 2021, that includes Chapter 7, Exceptional Services and Chapter 8, Growth Management and relevant action items related to water and sewer utility extension; and WHEREAS, the Comprehensive Plan, Action 7.1 states "Prioritize utility and service improvements in existing areas. Invest in infrastructure rehabilitation within the City's older areas to maintain their viability and attractiveness and encourage infill and redevelopment where appropriate"; and WHEREAS, the Comprehensive Plan, Action 7.11 states "Utilize municipal service cost -benefit assessments in planning utility expansion. The City should focus on areas that can be reliably and economically served within the City's capabilities. Consider an analysis of cost versus benefit when evaluating potential development agreements, municipal utility districts (MUDs) or annexation petitions"; and WHEREAS, the Comprehensive Plan, Action 8.8 states "Use available tools to strategically manage growth pressure in the Extraterritorial Jurisdiction (ETJ). Utilize development agreements and municipal utility districts (MUDs) to manage growth pressure in areas where annexation is not feasible"; and WHEREAS, the City of College Station has a Certificate of Convenience and Necessity for water and a Certificate of Convenience and Necessity for wastewater in certain parts of the City's ETJ in order to facilitate orderly development in that area; and WHEREAS, under State law a certificated entity has the duty to serve in the area of convenience and necessity; and RESOLUTION NO. 01-27-22-9.4 Page 2 WHEREAS, under State law cities have no land use control authority beyond the City Limits; and WHEREAS, the City Council of the City of College Station has determined that water and sewer utility services should be extended to undeveloped areas outside of the City Limits only as a condition of annexation, except as identified herein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby repeals Resolution No. 2-9-2006-13.04 and approves replacing it with this present resolution adopting a revised policy stating that water and sewer utility services will not be available to properties outside the City's corporate limits without a petition for annexation from said properties meeting the legal requirements of such petitions or areas not certificated to the City of College Station for that service. PART 2: That the City Council hereby requires that if the extension of service to a property is requested and approved that is outside the City Limits of College Station, the property owner will extend utility service to the property under the supervision of City Staff and based on construction plans approved by the City Engineer. All construction will be in accordance with the fire code, TCEQ, and the City's Unified Development Ordinance, whichever is more restrictive. The cost of the extension of utility service will be borne solely by the property owner. Any upgrades in infrastructure required to meet regulatory requirements, including increasing existing system capacity, will be completed by the property owner at their expense. All applicable connection and inspection fees, and other applicable fees, rates, charges and surcharges for water and/or sewage service shall be as established in the City of College Station Code of Ordinances and Fee Resolution, as amended. PART 3: That the City Council hereby agrees that it may grant exceptions, as it deems necessary, that are in the best interest of the City of College Station in the following cases: • for other governmental agencies through an inter -local agreement, • for the purpose of economic development, • for health and safety reasons; or • for the economic benefit of the City. PART 4: That this resolution shall become effective immediately after passage and approval. RESOLUTION NO. 01-27-22-9.4 Page 3 ADOPTED this 27th day of January, 2022. ATTEST: 4/701,_ City Secretary APPROVED: 2h..i, a. City Attorney APPROVED: ly Mayor