1988-062CITY OF SOUTHLAKE, TEXAS
RESOLUTION NO. PY - 2-7
A RESOLUTION OF THE CITY OF SOUTHLAKE,
TEXAS, APPROVING AN AGREEMENT BETWEEN THE
CITY AND WALNUT GROVE WATER SYSTEM RELATING
TO THE ISSUANCE OF A CERTIFICATE OF
CONVENIENCE AND NECESSITY TO WALNUT GROVE
WATER SYSTEM BY THE TEXAS WATER COMMISSION
FOR WATER SYSTEM WITHIN AN AREA RECENTLY
ANNEXED INTO THE CITY; APPROVING OTHER
PROVISIONS RELATING THERETO; DECLARING AN
EFFECTIVE DATE
WHEREAS, Walnut Grove Water System has filed with the
Texas Water Commission (hereinafter, the "Commission") its
application for a Certificate of Convenience and Necessity for
Water Utility Service (hereinafter referred to as a "CCN") for
a proposed service area located in Denton County, Texas,
approximately five (5) miles east of the Town of Roanoke,
Texas, and generally bounded by Grapevine Lake, Bob Jones Road
and Whites Chapel Road (hereinafter, the "Service Area"); and
WHEREAS, the Service Area is a portion of an area of land
which was annexed into the City of Southlake, Texas
hereinafter referred to as the "City"), on May 17, 1988, by
Ordinance No. 432 of the City; and
WHEREAS, due to such annexation, the City has filed with
the Commission its protest to the issuance of a CCN to Walnut
Grove Water System for the Service Area; and
WHEREAS, water service to the Service Area is not
currently available from the City, however, in accordance with
the service plan adopted by the City at the time of such
annexation, the City intends to provide water service to the
annexed area, including the Service Area, within four and
one-half (4-1/2) years from the date of annexation, as required
by Chapter 43.056, Local Government Code, V.T.C.A.; and
WHEREAS, the City Council hereby determines that it is in
the best interest of the City to enter into an agreement with
Walnut Grove Water System whereby the City would agree to
immediately withdraw its protest to the issuance of a CCN to
Walnut Grove Water System covering the Service Area, and Walnut
Grove Water System would agree (1) not to object or oppose the
City's application, when filed, for a CCN for water utility
service for the Service Area, and (2) that, upon the City being
granted a CCN for the Service Area, Walnut Grove Water System
would immediately file a petition with the Commission to
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discontinue its operations in the Service Area, and would
satisfy all requirements imposed by the Commission and State
law for such discontinuance of service, and further that no
monetary compensation would be due Walnut Grove Water System
from the City as a result of such application for
discontinuance or the discontinuance itself.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
Resolution as if copied in their entirety.
Section 2. That the City Council hereby approves and
authorizes the execution of an Agreement between the City and
Walnut Grove Water System substantially in the form attached as
Exhibit "A" hereto.
Section 3. That the City Manager is hereby directed,
upon execution of such Agreement by both parties, to
immediately mail, or cause to be mailed, a fully executed copy
of the Agreement to the Texas Water Commission and to notify
the Commission of the City's withdrawal of its protest to the
issuance of a CCN for water utility service to Walnut Grove
Water System covering the Service Area.
Section 4. This Resolution shall become effective
immediately upon its approval by the Council.
PASSED, APPROVED AND EFFE TIV"js the d of
July, 1988./
Mayor ,) pityof South a
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1y ..0. 6ff thlake, Texas
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Texa—sem
EXHIBIT A TO RESOLUTION NO. 88- 6.2-,
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT made as of this 5th day of June, 1988,
between the CITY OF SOUTHLAKE, TEXAS (hereinafter referred to
as the "CITY"), a municipal corporation of the State of Texas,
and WALNUT GROVE WATER SYSTEM (hereinafter referred to as
WALNUT GROVE"), a retail public utility system, witnesseth:
WHEREAS, WALNUT GROVE has filed with the Texas Water
Commission (hereinafter, the "Commission") its application for
a Certificate of Convenience and Necessity for Water Utility
Service (hereinafter referred to as a "CCN") for a proposed
service area located in Denton County, Texas, approximately
five (5) miles east of the Town of Roanoke, Texas, and
generally bounded by Grapevine Lake, Bob Jones Road and Whites
Chapel Road (hereinafter, the "Service Area");
WHEREAS, the Service Area is a portion of an area of land
which was annexed into the CITY on May 17, 1988, by Ordinance
No. 432 of the CITY; and
WHEREAS, due to such annexation, the CITY has filed with
the Commission its protest to the issuance of a CCN to WALNUT
GROVE for the Service Area; and
WHEREAS, water service to the Service Area is not
currently available from the CITY, however, in accordance with
the service plan adopted by the CITY at the time of such
annexation, the CITY intends to provide water service to the
annexed area, including the Service Area, within four and
one-half (4-1/2) years from the date of annexation, as required
by Chapter 43.056, Local Government Code, V.T.C.A.;
NOW, THEREFORE, in consideration of the mutual agreements
hereinafter contained and subject to the terms and conditions
hereinafter stated, it is hereby understood and agreed by the
parties hereto as follows:
I.
WALNUT GROVE agrees not to object to or oppose the CITY'S
application, when filed, for a CCN for water utility service
for the Service Area.
II.
WALNUT GROVE agrees that, upon the CITY being granted a
CCN for the Service Area, it will immediately file a petition
with the Commission to discontinue its operations in the
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Service Area, and will satisfy all requirements imposed by the
Commission and State law for such discontinuance of service;
and WALNUT GROVE further agrees that no monetary compensation
will be due it by the CITY as a result of such application for
discontinuance or the discontinuance itself.
The CITY agrees to withdraw its protest to the issuance
by the Commission of a CCN to WALNUT GROVE for the Service Area.
IV.
The terms of this Agreement shall commence on the date
set forth above and shall continue in effect until such time as
the CITY is granted a CCN for the Service Area, WALNUT GROVE'S
operations in the Service Area are discontinued, and all things
required to be done and performed in accordance with this
Agreement have been done and performed.
V.
The parties hereto agree that an originally signed and
acknowledged copy of this Agreement shall be filed with the
Commission and, with the consent of the Commission, shall be
incorporated into the CCN granted to WALNUT GROVE.
IN WITNESS WHEREOF, the parties have, in triplicate
original, hereto signed this Agreement by the respective
parties authorized to execute same, as of the date set forth
above.
CITY OF SOUTHLAKE, TEXAS
BY
1k%ydxQxxU&tt&xxax- Acting
City Manager, William D. LeGrand
WALNUT GROVE WATER SYSTEM
By:
2-
0 2 8 0 a/ 9
T. J. Edwards
Sole Owner
Ir
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this
the / day of July, 1988, by --0. Latta, Jr., City
Manager of the City of Southlake, Texas. William D. LeGrand
ofy Public in and for the
Std a of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this
the day of , 1988, by T. J. Edwards,
sole owner of Walnut Grove Water System.
0 2 a 0 a/ 1 0
Notary Public in and for the
State of Texas
My Commission Expires:
3-