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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: /• ..4 dry t�.t C NNIE HOOKS, City Secretary RON SI , Mayor APPROVED: Cit Attorney 1: