Res 028-2021Texas Tree Farm Water Connection Waive Resolution 112-89 3/2/2021 Resolution No. 28-2021
Resolution granting a waiver of Resolution 112-89 to allow the
connection of water service outside the City Limits to a Commercial
Use located at 2974 State Highway 79
WHEREAS, it is the intent of Resolution No. 112-89 of the City Council of Wichita
Falls, Texas, that water sales outside the city limits should foster proper development in
the extraterritorial jurisdiction (ETJ); and,
WHEREAS, currently existing annexation laws have changed such the City cannot
unilaterally annex property; and,
WHEREAS, Texas Tree and Landscape, Inc wishes to purchase treated water at
a rate set by the City Council until such time it can voluntarily annex into the City of Wichita
Falls city limits; and,
WHEREAS, the use located at the subject location does not operate as a normal
residential use; and,
WHEREAS, the granting of a waiver with respect to Resolution 112-89, Section
1(2)(d), which requires treated water for uses located in the ETJ be used only for normal
residential purposes, would not be contrary to the intent of the stated objective when
applied to subject property due to the nature and usage requirements of the subject use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. A waiver of the provisions in Resolution 112-89, Section 1(3)(d) regarding
the property located at 2974 State Highway 79.
2. The water meter at this location shall not be larger than one inch in size.
3. Authorizes the City Manager to enter into an agreement with Texas Tree
and Landscape, Inc. in a form approved by the City Attorney.
PASSED AND APPROVED this the 2nd day of March, 2021.
MAYOR
ATTEST:
- J;/cam B<
City Clerk
' F
RESOLUTION NO. 11Z-M9
A RESOLUTION ,ADOPTING A POLICY O[i SALE OF WATER SERVI
°FY/SIDE THE CITY I,INITS OF TAE CITY OF WICHITA FALLS,
TEXAS
W RRM $„ the City of Wichita Falls sells water to various
customers outside the city linitsi and,
WHEREAS, the City of Wichita Fella is Concerned that water
gales outside the city limits should foate; proper development
on the periphery of the city and in its extraterxitnrial
jurisdiction; and,
WH-ZREAS, the Texas Water commission has taken the position
that all residents of the State of Texas are entitled to water.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHIrA FALLS, TEXAS, THAT:
SECTION 1.
The following policy is hereby established for treated water
sales to individual customers who reside outside the city
Limits of Wichita Falls, Texas:
(1) upon receiving' request for sale of treated water,
the City shall seek to annex the area wherever possible,
consistent with the Starve statutes governing annexation, and
then provide water service after completion of this annexation
process.
(2) If annexation is not deemed desirable by the City
of Wichita Falls at the time of request for water, the City
shall provide treated water service to individual custoroors if
the following conditions are met:
(a). The entire tract 1_ea within the extraterritorial
jurisdiction of the city, and,
(b) . The tract of land is contiguous to the city limits or
contiguous to a water main which the City of Wichita
Falls -gas extended outside the city limits, and,
c) . The tract of land is platted in accordance with the
Subdivision ordinance of the City of Wichita Falls,
and,
{d) . The water is used only for noel residential
purposes.
The provision of water service under this subsection shall be
subject to current city ordinances related to prorata costs and
limitations on length cf extensions as if the property to be
served were in the city Limits. The city shall initiate
annexation proceedings at a latex date when it is in the best
interest of the city.
•
•
Rea, 11Z-89, 41.qr. 2
(3) Tha City may provide treated water services to
individual customers outside the city limits located in areas
which do not fall under subsections {1) or (2) if the following
condit_ons are met:
(a). Ths entire tract of land lies within the
extraterritorial jurisdiction of the city, and,
(b). The customer pays the entire cost of the water main
extension to minimum City specifications. The water
main shall become the property o: the City of Wichita
Falls, and,
(c) . The tract of land is platted in accordance with the
Subdivision Ordinance of the City of Wichita Falls,
and,
(d). The water is used only for normal residential
purposes.
The city shall initiate annexation proceedings at a later date
when it is in the best interest of the city.
SECTION 2.
The City of wiohita Fails may sell water to eligible industrial
customers under the terms of an industrial nonannexation
agreement approved by the City Council.
SECTION 3.
The City of Wichita Falls may sell water to Rural Water Systems
in unincorporated areas and to incorporated cities under the
terms of specific contractual agreements authorized by the City
Council.
SECTION 4.
This water pales policy supersedes all other previous pcliciee
for sale of treaed water outside the city limits.
PASSED AND AFFROVED TZ'HIS THE 18th day of July, 1989.
ATTEST:
CITY C
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