HomeMy WebLinkAbout10-8-98-6m - Resolution - 10/08/1998q so[ution
RESOLUTION NO. 10-8-98-6m
A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF COLLEGE
STATION, TEXAS, SUPPORTING LEGISLATION TO All .OW CITIES TO
EFFICIENTLY AND EXPEDITIOUSLY PROVIDE WATER AND SEWER
SERVICE IN NEWLY ANNEXED TERRITORY.
WHERE~S, the Texas Constitution, through the Home Rule Amendment,
and the Texas Legislature, through Texas Local Government Code [ 402.017,
recognize a home-rule city's right to provide water and sewer service, through its
municipally-owned utility, throughout the full extent of its corporate boundaries,
including newly annexed areas, and, if desired, to be the exclusive provider of these
services within its corporate boundaries;
WHEREAS, the existing provisions of the Texas Water Code, in particular
Texas Water Code [ 13.255, significantly restrict a city's ability to exercise its
constitutional and statutory rights to provide water and sewer services within newly
annexed areas that are within the certificated service area of existing utilities, such as
water supply corporafons and special utility disn-icts, regardless of whether the
existing utility is actually serving or prepared to serve all or part of the newly
annexed territory;
WHEREAS, the restrictions on a city's right to provide water and sewer
service within newly annexed territory include: (1) inefficient and time-consuming
procedures for resolving disputes between cities and existing utilities over a city's
right to serve in newly annexed areas and the amount of compensation due to the
existing utility; (2) ambiguous and inappropriate chteria for determimng the
to be ' '
RESOLUTION NO. ~o-8-98-6ra Page 2
existing utility is not actually providing service or prepared to serve the newly
annexed territory; and (3) unfair and biased procedures and methodologies for
determining the compensation to be paid to the existing utility;
g/HE~S, these resmctions have resulted in: (1) cities declining to annex
areas within the certificated service areas of existing utilities, (2) citizens in newly
annexed areas being unable to obtain high quality city-provided water and sewer
services; and (3) developers not being able to obtain timely or adequate water and
sewer services; and
WHEREAS, an efficient and expeditious procedure is needed to allow cities
to provide water and sewer services within newly annexed areas within the
certificated service area of existing utilities, especially to areas not actually being
served by existing utilities, and clear and appropriate criteria and fair and unbiased
procedures and methodologies are also needed for determining the compensation to
be paid to the existing utility;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF COLLEGE STATION, TEXAS:
SECTION 1. That the findings set out in a preamble to this Resolution are
hereby approved.
SECTION 2. That the City Council of the City of College Station supports
legislation to amend the Texas Water Code to provide: (1) an efficient and
expeditious procedure allowing cities to provide water and sewer services within
newly annexed areas within the certificated service area of existing uulities; and (2)
10/2/98
RESOLUTION NO. 10-8-98-6m Page 3
clear and appropriate criteria and fair and unbiased procedures and methodologies
for determining the compensation to be paid to existing utilities.
SEC]7ION 3. That a copy of this Resolution be forwarded to the Texas
Municipal League imploring the Texas Municipal League to adopt resolutions in
support of the positions taken by the City of College Station.
SECTION 4. That copies of this Resolution be forwarded to any other
members of the Texas Legislature or other groups or organizations similar to the
Texas Municipal League in furtherance of the position taken herein.
SECTION 5. That this Resolution shall be effective from and after its date
of passage.
PASSED and APPROVED by the City Council of the City of College
Station, Texas on this 8th day of October , 1998.
APPROVED:
ATYEST:
APPROVED AS TO FORM:
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