Res 122-89 8/1/1989RESOLUTION NO. 122-89
RESOLUTION APPROVING AGREEMENT WITH WICHITA
VALLEY WATER SUPPLY CORPORATION CONCERNING
ITS APPLICATION WITH THE TEXAS WATER
COMMISSION TO EXTEND ITS CERTIFICATE OF
CONVENIENCE AND NECESSITY; REPEALING
RESOLUTION NO. 116-89.
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 City objected to such expansion in two areas;
on July 18, 1989, the City Council adopted Resolution No. //,,-t9 ,
approving a tentative settlement agreement of the controversy;
and,
WHEREAS, the City staff has since met with the Corporation
Board, and a new tentative agreement has been reached, the
principle terms of which 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 in the
area between Bacon Switch Road and Rogers Road and FM 369 and
Rifle Range Road, and except the East Lawn Cemetery, and except a
strip of land 200 feet wide along the south side of Rogers Road
from FM 369 to Rifle Range Road.
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
i
prospective customer to comply with all of the City' s
requirements concerning its subdivision ordinance, building code,
electrical code and plumbing code. For any prospective customer
within its service area, which is outside of the City' s 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:
SECTION 1. Such 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.
SECTION 2. Resolution No. 116-89 is hereby repealed.
PASSED AND APPROVED this the 1st day of August, 1989.
M /A Y of R
ATTEST:
City erk