Res 116-89 7/18/1989RESOLUTION NO. M-Y,
RESOLUTION APPROVING AGREEMENT WITH THE
WICHITA VALLEY WATER SUPPLY CORPORATION
CONCERNING ITS APPLICATION WITH THE TEXAS
WATER COMMISSION TO EXTEND ITS CERTIFICATE OF
CONVENIENCE AND NECESSITY.
WHEREAS, the Wichita Valley Water Supply Corporation has
filed an application with the Texas Water Commission for an
amendment to its Certificate of Convenience and Necessity No.
10268 , Docket No. 7896-C, in which the Corporation seeks to
expand its service area; and,
WHEREAS, the staffs of the City and the Corporation have met
several times and discussed the possible settlement of this
matter and have reached a tentative agreement to settle this
controversy. The principle terms of the agreement are as
follows:
1. The Corporation will abandon its application to include
within its service area the proposed area in the Windthorst
Road/Rathgeber Road area southeast of the City.
2. The Corporation will abandon its application to include
within its service area the area northwest of the City in the
vicinity of the Aubrey Golden property save and except the area
between Bacon Switch Road and Rogers Road and FM 369 and Rifle
Range Road, and except the East Lawn Cemetery.
3 . The City will commence annexation proceedings to annex
into the City the land in the Windthorst Road/Rathgeber Road
area.
4. The City will not make any objection in this proceeding
to the amendment by the Corporation of its Certificate of
Convenience and Necessity to include those areas for which it has
applied, save and except those which it is abandoning under
paragraphs 1. and 2 . above.
5. In the future, when any prospective customer within its
service area applies to Corporation for water service, and the
service is within City' s three and one-half ( 3-1/2 ) mile
extraterritorial jurisdiction, Corporation shall require the
prospective customer to comply with all of the City' s
requirements concerning its subdivision ordinance, building codes
and other requirements. For any prospective customer within its
service area, which is outside of the City' s three and one-half
3-1/2) mile extraterritorial jurisdiction, Corporation will not
have to require the prospective customer to meet the City' s
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The proposed settlement agreement with Wichita Valley Water
Supply Corporation is hereby approved, and the City staff is
authorized to settle such proceeding before the Texas Water
Commission in accordance with this agreement.
PASSED AND APPROVED this the 18th day of July, 1989.
M jA Y O R
ATTEST:
City lerk