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HomeMy WebLinkAbout12-13-2007-2h - Resolution - 12/13/2007RESOLUTION NO. 12 -13- 2007 -2h 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 KYLE VIEW, LOCATED OFF CAPSTONE DRIVE, 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, Brazos Trace, developer of Kyle View, has requested an exception to the City's Utility Extension Policy for Kyle View, in the City's ETJ; and WHEREAS, Brazos Trace has petitioned the CITY for annexation into the corporate limits of Kyle View; and WHEREAS, the City of College Station has a Certificate of Convenience and Necessity for wastewater pending in certain parts of the City's Extraterritorial Jurisdiction, including the area in which Kyle View 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; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves an exception to the City's Utility Extension Policy to make sewer utility services available to Kyle View, off Capstone Drive in College Station, Texas, based on improving the health and safety of the residents in the City's ETJ and Brazos Trace' petition for annexation. RESOLUTION NO. 12 -13- 2007 -2h Page 2 PART 2: That the City Council hereby requires that the developer of Kyle View extend sewer utility service to Kyle View 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 13 day of December 2007. ATTEST: 06, City Secretary APPROVED: Mayor APPROVED: V4 5S wntha Aify with AnnMVA City Attorney