HomeMy WebLinkAbout2-9-2006-13.04 - Resolution - 02/09/2006 RESOLUTION NO. 2 -9- 2006 -13.04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, 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, The City Council of the City of College Station adopted its current
Comprehensive Plan in 1997, that includes Section 2.09 Utility Goals and Objectives;
and
WHEREAS, The City Council of the City of College Station adopted, as part of the
Comprehensive Plan, Utility Objective 2.1 that states "Water service should be extended
to undeveloped areas outside the city limits only as a condition of annexation "; and
WHEREAS, The City Council of the City of College Station adopted, as part of the
Comprehensive Plan, Utility Objective 3.1 that states "Sewer service should be extended
to undeveloped areas outside the city limits only as a condition of annexation "; and
WHEREAS, the City of College Station has a Certificate of Convenience and Necessity
Coe for water and a Certificate of Convenience and Necessity wastewater is pending in
certain parts of the City's Extraterritorial Jurisdiction 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, under State law cities have no land use control authority beyond the City
Limits; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby approves this resolution adopting a 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 that is outside the City Limits of College Station, the
Developer will extend utility service to the property under the supervision of
Le 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
Subdivision Ordinance, whichever is more restrictive. The cost of the extension
of utility service will be borne solely by the Developer. Any upgrades in
infrastructure required to meet fire, pressure, and /or TCEQ rules will be
completed by the Developer at their expense. In the event of future connections
to the utility service by other Subdivisions or Developers the original Developer
will be reimbursed a prorated share based on calculations and methodology
established within Chapter 11, Section 3: Water and Sewer Main Extension
Policies. The cost shall be determined based on the point of connection of the
new development.
If a developer determines that circumstances require that a package sewage
treatment plant facility is appropriate, the cost and construction of such shall be
borne by the developer and dedicated to the City for operation and maintenance.
At such time that sewer lines can be extended by the City (or other new
developments in the vicinity) to serve an area being served by a package plant,
the facility shall be abandoned and removed at the City's discretion.
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 inter -local agreement,
• for the purpose of economic development; or
• for health and safety reasons
PART 4: That the City Council hereby establishes an annexation policy and program to
incorporate affected areas in a manner that sufficiently addresses planning and
development issues for these utility systems.
PART 5: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 9th day of February , 2006.
ATTEST: APPROVED:
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C NNIE HOOKS, City Secretary RON SI , Mayor
APPROVED:
Cit Attorney 1: