HomeMy WebLinkAbout9-14-2006-12.10 - Resolution - 09/14/2006
83
RESOLUTION NO. 9-14-2006-12.10
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
CARNES TRACT NUMBER 2, LOCATED ADJACENT TO CARNES TRACT
NUMBER I, ON GREENS PRAIRIE TRAIL 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 I "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, Creek Meadows Partners, LP, developer of Carnes Tract Number 2, has
requested an exception to the City's Utility Extension Policy for Carnes Tract Number 2,
located adjacent to Carnes Tract Number I, 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 Carnes
Tract Number 2 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 approved an exception to the
City's Utility Extension Policy to provide sewer utility service to Carnes Tract Number I,
on April 27, 2006, 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 Carnes Tract
Number 2, located adjacent to Carnes Tract Number I, on Greens Prairie
Trail in College Station, Texas, based on improving the health and safety
ofthe residents in the City's ETJ.
84
RESOLUTION NO. 9-14-2006-12.10
Page 2
PART 2:
That the City Council hereby requires that the developer of Carnes Tract
Number 2 extend sewer utility service to Carnes Tract Number 2 as
provided in the City's Utility Extension Policy.
PART 3:
passage.
That this resolution shall take effect inunediately from and after its
ADOPTED this 14th
day of
September
,2006.
Connie Hooks, City Secretary
APPROVED:
~~~"
Ron Silvia, ayor
APPROVED:
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City Attorney