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HomeMy WebLinkAbout1-25-2007-01 - Resolution - 01/25/2007 RESOLUTION NO. 1-25-2007-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN EXCEPTION TO THE CITY'S UTILITY EXTENSION POLICY TO ALLOW THE EXTENSION OF SEWER UTILITY SERVICES TO GREAT OAKS ESTATES PHASES lA-8 ON ROCK PRAIRIE ROAD WEST, WITHIN THE EXTRATERRITORIAL JURISDICTION (ETJ) OF THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station adopted Resolution Number 02-09-2006-13.04 on February 9, 2006, which states in Part 1 "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 purpose" and further states in Part 3 "That the City Council hereby agrees that it may grant exceptions as it deems necessary to the best interests of the City of College Station in the following cases: For other governmental agencies through an interlocal agreement, For the purposes of economic development, or For health and safety reasons" (such resolution referred to hereinafter as the "City's Utility Extension Policy"); and WHEREAS, Indivisa Corporation, developer of Great Oaks Estates, has requested an exception to the City's Utility Extension Policy for Great Oaks Estates Phases lA-8, located on Rock Prairie Road West, in the City's ETJ; 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 pending in certain parts of the City's Extraterritorial Jurisdiction, including the area in which Great Oaks Estates is located, 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 WHEREAS, The City Council of the City of College Station previously approved exceptions to the City's Utility Extension Policy to provide sewer utility service to adjacent developments of Las Palomas and Oakland Ridge, based on improving the health and safety of the residents in the City's ETJ; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART I: That the City Council hereby approves an exception to the City's Utility Extension Policy to make sewer utility services available to Great Oaks Estates Phases lA-8, on Rock Prairie Road West in College Station, 1---" RESOLUTION NO. 1-25-2007-01 Page 2 Texas, based on improving the health and safety of the residents in the City's ETJ. PART 2: That the City Council hereby requires that the developer of Great Oaks Estates extend sewer utility service to Phases lA-8 as provided in the City's Utility Extension Policy. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 25th day of Januarv, 2007. A~~ Connie Hooks, City Secretary APPROVED: ~~~At~ Ron Silv yor APPROVED: r~d~....1 ,.,.,..... ..... .. . ... ..... City Attorney