Res 187-89 11/21/1989RESOLUTION NO. /0/-0j
A 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 of Wichita Falls and the
Corporation have met several times and discussed the settlement of
this matter and have reached an agreement to settle this
controversy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The Mayor is hereby authorized to sign the attached agreement
on behalf of the City of Wichita Falls, Texas.
PASSED AND APPROVED THIS THE 21st day of November, 1989.
Ant)/42
ATTEST:
ALe(iL tQ • 71 !4-11
CITY CLER .
DOCKET NO. 7896-C
APPLICATION OF WICHITA
VALLEY WATER SUPPLY
CORPORATION TO AMEND ITS
CERTIFICATE OF CONVENIENCE BEFORE THE
AND NECESSITY #10, 268 TEXAS WATER COMMISSION
CONCERNING WATER UTILITY
SERVICE
Docket No. 7896-C)
WICHITA VALLEY WATER SUPPLY CORPORATION'S
CERTIFICATE OF CONVENIENCE AND NECESSITY AMENDMENT
WHEREAS, Wichita Valley Water Supply Corporation has filed
an Application to Amend its Certificate of Convenience and
Necessity, #10,268, and subsequent to making the Application, the
Parties to the Application have entered into certain Agreements;
and,
WHEREAS, Wichita Valley Water Supply Corporation has agreed
to withdraw one of its two locations adjoining the City of Iowa
Park, that location to be withdrawn being the smaller of the two
areas sought for service. The locality to be withdrawn, vicinity
Iowa Park, is that area originally described on the Wichita
Valley Water Supply Corporation map bounded by Highway 287 and
Highway 368, and located within the City of Iowa Park.
Further, the City of Iowa Park and Wichita Valley Water
Supply Corporation have Agreed that the remaining area that is to
be Agreed for Certification by and between Iowa Park and Wichita
Valley Water Supply Corporation shall provide that Wichita Valley
Water Supply Corporation shall withdraw from the southern end of
that area sought for certification, with the area that Wichita
Page 1.
Valley Water Supply Corporation is to withdraw from being
described as a 1, 000-foot withdrawal from the north edge of
Highway 287 and paralleling Highway 287, for the width from West
to East of that generally rectangular area sought by Wichita
Valley Water Supply Corporation for service as set forth on its
original Application Amendment and said announcement was made at
the first Hearing on Docket 7896-C, wherein the City of Iowa Park
officials were present, Wichita Valley Water Supply Corporation
was present, and the Agreement of the Parties was announced on
the Record; and,
WHEREAS, Wichita Valley Water Supply Corporation has entered
into certain Agreements with the City of Pleasant Valley,
providing for Wichita Valley Water Supply Corporation to withdraw
from its Certificate of Convenience and Necessity of that one
certain portion of its existing certificated area which overlaps
with the City of Pleasant Valley in consideration for which the
City of Pleasant Valley Agrees not to interpose any objection to
other portions of the Application stated herein; and,
WHEREAS, the City of Holliday, with reference to the
proposed area to be served by Wichita Valley Water Supply
Corporation, has no objection to the proposed service area south
of Holliday generally paralleling, on both sides, Highway 368 on
the South of the City of Holliday, starting at the intersection
of Highway 1954 and paralleling both sides of Highway 368 in a
Page 2 .
southerly direction, as more particularly described on the
Application for the Certificate of Convenience and Necessity as
proposed for Amendment; and,
WHEREAS, the City of Archer City, in connection with Wichita
Valley Water Supply Corporation requesting territory linking two
portions of the Wichita Valley Water Supply Corporation, between
that one certain rectangular area of service by Wichita Valley
Water Supply Corporation North of the City of Archer City, and an
area some distance further North, which area is on either side of
Highway 79, in the vicinity of the Chalk Hill Oil Field, and the
City of Archer City has no objection to such linkage of the
existing portions of the Wichita Valley Water Supply Corporation;
and,
WHEREAS, on or about July 7 , certain preliminary Agreements
were reached by and between the City of Wichita Falls and Wichita
Valley Water Supply Corporation, which Agreements were more
particularly formalized subsequently on July 20, 1989, when said
organizations, Wichita Valley Water Supply Corporation and the
City of Wichita Falls, met jointly to resolve their differences,
principally dealing with a withdrawal for proposed service by
Wichita Valley Water Supply Corporation in the Rathgeber Road
area and further providing for a withdrawal of certain portions
of the area on Highway 369, running North/South, but providing
for the retention of one certain area bounded by Bacon Switch
Road, FM 369 , Rogers Road, and Rifle Range Road area, to include
the Cemetery; and,
Page 3 .
WHEREAS, the Petitioner asserts that there is necessity for
additional service in areas proposed for Amendment to the
Certificate of Convenience and Necessity for those areas to be
covered by this Agreement, that there is a need for such
additional service, the Applicant has the ability to provide the
necessary additional service, environmental integrity has been
duly considered, and there will be a probable improvement of
service or lowering of cost of service to consumers in the areas.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the Amendments herein to the Certificate of
Convenience and Necessity (CCN) belonging to
Wichita Valley Water Supply Corporation (WVWSC)
are necessary for the improvement of service,
accommodation, convenience, and safety of the
public and that same will result in probable
improvement of service or lowering of costs to
consumers, pursuant to the Texas Water Code,
Section 13 . 246 , and for the purpose of
implementing the policies of the State with
regard to Chapter 13 of the Texas Water Code.
2. For purposes of identification, a copy of the
WVWSC map attached to its application (as
modified) is attached hereto, marked as Exhibit
A, and included herein by reference for the
Page 4.
purpose of identifying those areas which are the
subject of this Agreement. Attached hereto, and
included herein by reference, is Exhibit B, which
is to be replaced by a formally drafted Exhibit
B, prepared by the engineering section of the
Texas Water Commission.
3 . AREA #1 depicted on Exhibit A is the area most
Westerly of Iowa Park and generally North of
Highway 287 in the vicinity of Iowa Park it is to
be approved, but said area is to have removed
from it a strip North of Highway 287 , and
parallel thereto, and is to reflect the original
portion requested by less than 1, 000-foot wide
strip paralleling Highway 287 , which withdrawn
strip is being relinquished by WVWSC at the
request of the City of Iowa Park.
4. AREA #2 of the Iowa Park area WVWSC withdraws its
request to enlarge its area North of Highway 287,
bounded on the East by Highway 368, and on the
North by the existing CCN and on the West by a
portion of the City Limits of the City of Iowa
Park.
5. In the AREA 43, in the vicinity of the City of
Wichita Falls, described as the Rathgeber Road
area, WVWSC withdraws from its request to have
its Application Amended to include service in
Page 5.
this area, understanding the City of Wichita
Falls will serve this area in accordance with the
City of Wichita Falls ' policies and procedures.
This area is in the most Easterly portion of the
map attached to the Application.
6. In AREA #4, vicinity of the City of Wichita
Falls, WVWSC agrees to withdraw from that area in
the vicinity of Highway 369 that generally
parallels its existing certificated area, and to
recede that additional requested area save and
except for that area depicted on Exhibit B to be
attached hereto. Starting on the Southwest
corner, commences at the Southeast corner of the
existing certificated area, said corner being 200
feet South of the intersection of Rifle Range
Road and Rogers Lane, goes Northerly on Rifle
Range Road paralleling the existing certificated
area to the center of Bacon Switch Road; then
goes Easterly to the center of FM 369, but
includes adjacent to this territory the Cemetery
located on the Northeast corner of FM 369 and
Bacon Switch Road; then goes South on FM 369 to a
point lying 200 feet South of Rogers Road, and
returns Westerly to intersect with Rifle Range
Road and, thereby, close the rectangle. The
service area shall also include all of the
Page 6 .
Cemetery thereby specifically providing for
service to those Parties involved in litigation
styled WVWSC vs. AUBREY GOLDEN, which was the
subject of a settlement and dismissal under Cause
No. 124, 020-B. This described "cemetery area"
shall fully recognize the obligation and
agreement of WVWSC to continue to service those
customers encompassed within that District Court
litigation.
7. AREA #5 lies 3 miles North of Archer City, and
South of the existing WVWSC service area that
lies one-half ( 1/2 ) mile on either side of
Highway 79. The proposed Area #5 linkage shall
connect the South portion of the WVWSC service
area to its services area immediately to the
North, and said area shall provide an appropriate
service linkage adjoining either side of Highway
79, and there is no objection thereto, by joining
the two ( 2) existing areas of the WVWSC CCN in
the vicinity.
8. AREA #6 of Exhibit A is generally South of the
City of Holliday, is bounded on the North by the
intersection of Highway 368 and Highway 1954 , and
continues generally South along HIghway 368, with
the Westerly and Easterly boundaries of this
proposed addition being one-half ( 1/2 ) mile on
Page 7.
either side of the Highway right-of-way. Such
additional territory forms an elongated "S" and
is depicted as Area #6 on the attached Exhibit A,
and there is no objection thereto, as originally
requested by WVWSC.
9. AREA #7 lies generally to the extreme Southwest
of the presently existing WVWSC service area, and
appears on Exhibit A in the lower left hand
corner of the Map Sheet. Said Area #7 is not the
subject of objection.
10. The City of Pleasant Valley is AREA #8. Said
territory is serviced by the City of Pleasant
Valley which does not have a CCN. Following the
submission of the proposed Amendment by the
WVWSC, and consultation with the City of Pleasant
Valley, WVWSC found its existing CCN overlapped
the City of Pleasant Valley service area, and
accordingly determined that it would be in the
best interest of WVWSC to withdraw from said
overlap. Accordingly, WVWSC requests the Texas
Water Commission to withdraw from its CCN that
service area overlapping with the City of
Pleasant Valley, generally in the area of Highway
370, both on the North and the South side
thereof, and in certain portions of territory
Page 8 .
going Southerly to the Highway 367, as more
particularly described on Exhibit A, attached
hereto (blue hash-marked area) .
11. The City of Wichita Falls and WVWSC Agree that
for any area of service being provided by WVWSC
that WVWSC will comply with applicable City
procedures for purposes of connection and
connection approvals in any area lying within the
City' s Extra-Territorial Jurisdiction (ETJ)
boundary. Further, it is Agreed by the City of
Wichita Falls and WVWSC that in the event of a
prospective customer' s application for service
outside of the City' s ETJ boundary, no pre-
conditions are to be established or enforced by
the City in connection with any request for
service made by any applicant for water service.
12. In accordance with announced stipulations at the
May 15, 1989, Hearing before the Texas Water
Commission Examiner, the Honorable Joe O'Neal, is
being furnished respectively to the City of Iowa
Park, the City of Holliday, the City of Archer
City, the City of Burkburnett, the City of
Pleasant Valley, and Archer County MUD and
intervenors, parties in Cause No. 124 ,020-B as
noticed.
Page 9 .
13 . It is requested that this Agreement be adopted as
the Examiner' s Proposal for a Decision and Final
Order of the Texas Water Commission, following
notice to each listed person and entity on the
service list City and notice to the Intervenors
and interested citizens appearing at each of the
Hearings.
IN WITNESS WHEREOF, the undersigned executed this
Agreement, the day of 1989.
City of Wichita Falls, Texas
By.
Mayor j0
ATTEST:
City lerk
I,
Wichita Valley Water Supply
Corporation
By:
President
ATTEST:
Secretary
Page 10.
ATTACHMENTS
Attachments are included herein by reference as if fully set
forth.
Exhibit A - General Highway Map, Archer County,
Texas, Texas Department of Highways
and Public Transportation, dated 1963
Exhibit B - Map Sheet depicting area bounded by
Rogers Road on Southwest, Rifle Range
Road and Bacon Switch Road on
Northwest, Bacon Switch Road and FM
369 on the Northeast, including one
certain Cemetery, and bounded by FM
369 and Rogers Road on the Southeast,
and returning to the intersection of
Rogers Road and Rifle Range Road on
the Southwest.
Page 11.
SERVICE LIST
Wichita Valley Water Supply Corporation
Docket No. 7896-C
Joe O'Neal
Hearings Examiner
Texas Water Commission
P. O. Box 13087, Capitol Station
Austin, Texas 78711
Alan Petrov, Staff Attorney
Legal Division
Texas Water Commission
P. O. Box 13087 , Capitol Station
Austin, Texas 78711
Leela Fireside, Attorney
Office of the Public Interest Advocate
Texas Water Commission
P. O. Box 13087 , Capitol Station
Austin, Texas 78711
Quana Childs
Staff Engineer
Texas Water Commission
P. O. Box 13087, Capitol Station
Austin, Texas 78711
Clark Lane, General Manager
Wichita Valley Water Supply Corporation
P. O. Box 550
Holliday, Texas 76366
Jay Turlington, President
Wichita Valley Water Supply Corporation
P. O. Box 550
Holliday, Texas 76366
Susan Buchanan
551 Rathgeber Road
Wichita Falls, Texas 76301
Representing Rathgeber and Windthorst Road residents)
Gregory D. Humbach, City Attorney
City of Wichita Falls
P. O. Box 1431
Wichita Falls, Texas 76307
Archer County MUD
1668 Victory
Wichita Falls, Texas 76307
City of Archer City
P. 0. Box 367
Archer City, Texas 76351
City of Burkburnett
419 Avenue C
Burkburnett, Texas 76354
City of Holliday
P. 0. Box 508
Holliday, Texas 76336
City of Pleasant Valley
530 Stesco
Wichita Falls, Texas 76303
James S. Barrington, City Administrator
City of Iowa Park
P. 0. Box 190
Iowa Park, Texas 76367
Carolyn High, Representative
Ranch Estates
295 Cartwright Road
Wichita falls, Texas 76301
Barbara C. Crampton
Holly Crampton
Crampton, Crampton & Estrada
505 Lamar
Wichita Falls, Texas 76301
Attorneys for Aubrey Golden
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