R-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
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