01-27-22-9.4 - 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repealed and replaced with an updated policy as contained herein; and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