HomeMy WebLinkAbout9-9-2004-13.11-a - Resolution - 09/09/2004RESOLUTION NO. 9-9-2004-13.1 l-a
CITY OF COLLEGE STATION
A RESOLUTION URGING A FEDERAL LEGISLATIVE SOLUTION AND RELIEF TO
CITIES FACING GROWTH IMPEDED BY UTILITY DISTRICTS IN THEIR EXTRA-
TERRITORIAL JURISDICTION
WHEREAS, Texas cities have had the ability to plan their growth in their extra-terntorial
jurisdiction through stringent State annexation law and annexation plans, and
WHEREAS, Texas cities have had the ability to properly plan their growth through planning to
serve water and sewer utility service to its newest citizens in annexed areas including municipal
fire prolection; and
WHEREAS, thi~ ability to properly plan for utility service to the citizens of Texas cities is
increasingly impeded by Federally funded water supply corporations and special utility districts
which were initially formed to serve Iow density rural areas and cannot provide adequate water
service pressure necessary to give citizens proper fire protecuon; and
WHEREAS, these Federally funded water utility corporations and districts seek "shelter" under
Federal statutes that prevent clues from taking over their service territories upon annexation
because these corporations and districts owe the Federal government money; and
WHEREAS, even when a city offers to pay the pro-rata share of thc district's or corporation's
debt for the area annexed, the district or corporation still does nol allow the clly to take over
water and sewer service to the annexed area; now, therefore,
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
That the Texas Municipal League pursue legislation to an~end Federal law to allow a city to take
over a rural water supply corporation or special utility district's service territory as it is annexed
as long as the city performing the annexation is willing to pay the pro-rata share of the Federal
debt that can be reasonably atmbuted to the area annexed.
ADOPTED this 9'h day of September, A.D 2004
ATTEST'
~'~me Hooks, City Secretary
APPROVED:
APPROVED'
City Attorney
2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of College Stauon
Brief Background: Cities in Texas have been required by State law to provide services
to the areas they annex within a reasonable period of time accordtng to a State required
annexation plan Increasingly, spectal utility districts and rural water supply corporations
m cities' extra-territorial 3urisdtction have impeded the ability of Texas crees' to grow,
properly plan for utility service extensions, and to offer mumcipal fire protection to thetr
cttizens.
What the Resolution is Intended to Accomplish: To pursue legislation that removes
the obstacles for Texas cittes to take over service territory of water supply corporations
and special utility districts m the areas cities annex
How the Resolution is City-Related]How it Addresses a Municipal Issue: This
resolution advocates removal of the "shield" that these entities now use as protection
from cities taking over their service territory. That ts, these entities use the fact that they
have incurred federal debt to finance their water system as the reason a cfly can not take
over the portion of their system that is annexed. Thts resolution asks for cities to be
given the abihty to determine a fatr, pro-rata portion ora water supply corporauon's
federal debt attributable to area annexed and pay the federal government for that amount
upon which the city would take over that service territory.
Statewide Importance: Cities through out Texas and the nation are faced with the
mabdity to provide mumctpal water and sewer service with adequate fire protection to
the areas they annex because of the unwillingness of these water supply corporations and
special utilitY' districts to fatrly convey and be fairly compensated for the service
territories ctties annex.
Submitted By: Name: Ron SiIvia
Title: Mayor
City: College Station
Telephone: 979/764-3511