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Home My WebLink AboutR-920-4-89RESOLUTION NO. 920-4-89 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS ESTABLISHING BOUNDARIES FOR WATER SERVICE AREA CONTAINED IN THE ATTACHED AGREE- MENT AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT. WHEREAS, the City of Allen is the holder of Certificate of Convenience and Necessity ("C. C.N.") No. 10163 issued by the Public Utilities Commission now within the jurisdiction of the Texas Water Commission; and, WHEREAS, the City of Lucas is the holder of C.C.N. No . 10193 issued by the Public Utilities Commission now within the jurisdiction of the Texas Water Commission; and, WHEREAS, the territory covered by C. C. N. Nos 10163 and 10193 overlap in some areas and do not cover other cities; and, WHEREAS, both Allen and Lucas have water utility customers within the areas certificated only to Allen or Lucas, duly certificated to both Allen and Lucas or not certificated to Allen, Lucas, or any other water utility; and, WHEREAS, the City of Lucas has filed Application No. 7928-D before the Texas Water Commission requesting a Desist Order Against the City of Allen pursuant to Texas Water Code § 13.252; and, WHEREAS, Allen and Lucas desire to settle Application No. 7928-D by jointly petitioning the Texas Water Commission for an order that will clearly divide their respective water service areas in the same jurisdiction in 1984 so that confusion will be eliminated and to provide for the orderly transfer of customers from the respective systems as each system becomes capable of providing service to all water customers within the respective certificated areas as amended herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council approves the agreement with the City of Lucas establishing the boundaries for water service area contained in the attached agreement and authorizes the Mayor to execute the same. SECTION 2. The City Secretary will provide copies of the executed agreement to the City of Lucas and the Texas Water Commission. ORDINANCE NO. 1005-10-90 M. y RESOLUTION NO. 9 2 0- 4- 8 9 (R) Page Z DULY ,PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 2 0 th DAY OF Apri 1 , 1989. APPROVED: '�� IZA4o�� Jere Farmer, MAYOR ATTEST: r dy'M rrison, Acting City Secretary .Y ATTACHMENT TO RESOLUTI0(920-4-89(R) AGREEMENT RELATING TO WATER SERVICE AREA This agreement is made by and between the City of Allen and the City of Lucas in and for the considerations herein expressed: WHEREAS, the City of Allen is the holder of Certificate of Convenience and Necessity ("C.C.N.") No. 10163 issued by the Public Utilities Commission now within the jurisdiction of the Texas Water Commission; WHEREAS, the City of Lucas is the holder of C.C.N. No. 10193 issued by the Public Utilities Commission now within the jurisdiction of the Texas Water Commission; WHEREAS, the territory covered by C.C.N. Nos. 10163 and 10193 overlap in some areas and do not cover other areas; WHEREAS, both Allen and Lucas have water utility customers within the areas certificated only to Allen or Lucas, duly certificated to both Allen and Lucas or not certificated to Allen, Lucas, or any other water utility; WHEREAS, the City of Lucas has filed Application No. 7928-D before the Texas Water Commission requesting a Desist Order Against the City of Allen pursuant to Texas Water Code § 13.252; and WHEREAS, Allen and Lucas desire to settle Application No. 7928-D by jointly petitioning the Texas Water Commission for an order that will clearly divide their respective water service areas in the same manner as Allen and Lucas divided their extra -territorial jurisdiction in 1984 so that confusion will be eliminated and to provide for the orderly transfer of customers from the respective systems as each system becomes capable of providing service to all water customers within the respective certificated areas as _amended herein. NOW, THEREFORE, the City of Allen and the City of Lucas agree as follows: Section 1. Allen and Lucas will jointly petition the Texas Water Commission under Docket No. 7928-D to adjust the boundary between their respective water service areas in order that Allen will not have the right to provide water service to any territory East of the line described in Exhibits "A" and "B" attached hereto and Lucas will not have the right to provide water service to any territory West of the line described in Exhibits "A" and "B" attached hereto for all purposes. Section 2. From and after the effective date of this agreement, Allen and Lucas will continue to provide water service 'to their customers and honor any contractual agreements that are in the service area of the other city until such time as the non -serving city requests, in writing, that service be disconnected to allow the AGREEMENT RELATING TO WATER SERVICE AREA - Page 1 3884/AGREE.001 non -serving city to connect such customer within their service area, provided, however, that those customers currently served by Allen pursuant to a contract between Allen and the customer contained in an easement grant shall have the right to consent to a change in water supplier and provided that any change of water supplier shall be at no cost to the affected customer. Section 3. From and after the effective date of this agreement, neither city will initiate water service to any new customer within the current certificated area (or as such areas may be amended by the Texas Water Commission pursuant to Section 1 herein) of the other city without first obtaining prior written consent from the potential non -serving city save and except any new customer to which Allen or Lucas may be obligated to provide water service pursuant to a contractual agreement contained in any grant of an easement which is filed in the Collin County Real Estate Records prior to the effective date of this agreement, and further provided that the City of Allen may provide water and sewer services to any facilities of the Allen Independent School District in the Lucas C.C.N. without first obtaining the approval of the City of Lucas. Section 4. Should any provision of this agreement be declared void by a court of competent jurisdiction or the Texas Water Commission, the remaining provisions of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this agreement to be duly executed, in duplicate originals, each of which will constitute an original on the date of the respective acknowledgments. ATTEST: City Secretary CITY OF ALLEN, TEXAS Jgole Farmer, Mayor CITY OF LUCAS, TEXAS G n Guzman M r ATTEST: t Marilyn R' e,:Ci y Secretary AGREEMENT RELATING TO WATER SERVICE AREA - Page 2 3884/AGREE.001 STATE OF TEXAS ) ) COUNTY OF COLLIN ) C BEFORE ME, the undersigned authority, on this day personally appeared Joe Farmer, Mayor of the City of Allen, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. Notary blic, State' f Texas '= SHIRLEY NANING MY COMMISSION EXPIRES AM11111Ch 15.1993 a, STATE OF TEXAS ) COUNTY OF COLLIN ) BEFORE ME, the undersigned authority, on this day personally appeared Gerry Ann Guzman, Mayor of the City of Lucas, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. Notary Pub c, State of Texas * MARILYN V RICE Notary Public # * STATE OF TEXA' �M0 MYCOMM. Exp Feo AGREEMENT RELATING TO WATER SERVICE AREA - Page 3 3884/AGREE.001 C EXHIBIT "A" WATER SERVICE BOUNDARY LINE AGREEMENT BETWEEN CITY OF ALLEN, TEXAS, AND CITY OF LUCAS, TEXAS BEGINNING at the Southwest corner of a 131.772 acre tract owned by Jack Carter reference Volume 982, Page 273 of the Collin County Deed Records; THENCE in a southerly direction along the East right-of-way line of the existing and future F.M. 1378 to the intersection of Rock Ridge Road; THENCE in a southerly direction along the East right-of-way line of the existing and future Rock Ridge Road to its intersection with F.M. 2170; THENCE in a westerly direction along the South right-of-way line of the existing and future F.M. 2170 to the intersection of F.M. 2551; THENCE in a southerly direction along the East right-of-way line of the existing and future F.M. 2551 to the intersection of Bandy Lane. AGREEMENT RELATING TO WATER SERVICE AREA - Page 4 3884/AGREE.001 I � o NORTH i Ir I 5 FM 1378 . 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