HomeMy WebLinkAboutR2003-043A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, THE AUTHORITY TO
DECERTIFY A PORTION OF THE CITY OF DENTON'S WATER CERTIFICATE OF
CONVENIENCE AND NECESSITY ("CCN"), IN ORDER TO SATISFY TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") REQUIREMENTS,
REGARDING THE APPLICATION FOR EXEMPT UTILITY STATUS TO BE FILED BY
THE HEFFER WATER WELL SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Staff has been working for the past several months with both the Texas
Commission on Environmental Quality ("TCEQ") and Teresa Heifer, the owner of a small water
system located on East University Drive near the intersection of Trinity Road; and it is Ms.
Heifer's objective to achieve certification as an "exempt utility" with the TCEQ respecting her
small water well system; and
WHEREAS, applicable State Law, being Title 30, Part I, Chapter 291, Subchapter G of
the Texas Administrative Code ("TAC"), contains the Texas utility regulations for obtaining
CCN's. In particular, §291.103 of the TAC outlines a criterion under which retail water service
can be provided that does not require possession ofa CCN. More particularly, §291.103(d) TAC
covers utilities or water supply corporations who have less than fifteen (15) customers, and
characterizes such utilities as "exempt utilities." Further, §291.103(d)(1) TAC requires the City,
as a condition of allowing Ms. Heifer's registration of Heifer Water Well System as an exempt
utility, to do one of the following acts: either to decertify the City's water CCN or to provide
written permission; and
WHEREAS, in general, CCN holders are larger water utilities that meet the TCEQ's
definition of a "public water system" (fifteen connections or greater), and the.."exempt utility"
process is designed to allow small non-public water systems (such as this small system) to
comply with TCEQ regulations without having to hold a CCN; and
WHEREAS, the City Council considers this to be the least costly solution to both the
owner ofthe well as well as her customers; further, decertification supports the registration of the
Heifer Water Well System as a utility that is exempt from having to hold a Water CCN and also
avoids the risk of creation of a single-certified water CCN for this area for Heifer Water Well
System and a decertification of this CCN area of Denton by the TCEQ; additionally, as the
affected tract of land lies wholly within Denton's city limits, the City does not need a CCN to
provide water service to these citizens, should they want water service at some time in the future;
and
WHEREAS, decertification, as requested by Ms. Heifer, removes a legal responsibility
from the City to provide water service to this small area. In general, the City's responsibility to
provide water service does not require extension of water service at the City's expense. The
TCEQ's authority, most importantly, doe not include jurisdiction over utility extension policies.
The historic, as well as the current extension policy of the City is based upon the end user's
responsibility to pay for such water line extensions as are necessary to serve their property. The
City Council has also determined that this extension policy is consistent with the extension
policies for most cities and water supply utilities in the state that provide retail service to the
customers in their service area. NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
1. That the City Manager, or his designee, is hereby authorized to take all actions
necessary and proper to implement the provisions of this Resolution, to include, without
limitation, the execution ora letter or letters evidencing the City's release of its water CCN as to
the Heifer Water Well System only, conditional however, on the successful apphcation of the
Heifer Water System for certification as an "exempt utility" with the TCEQ; which letter(s) and
any other documents, shall be approved as to legal form by the City's Utility Attorney,
respecting the above-described transaction.
2. That the City Council hereby finds and declares all that all recitations contained
hereinabove are tree and correct; and it hereby approves and adopts the same herein as part of
this Resolution.
3. That this Resolution shall be effective from and after the date of its adoption.
PASSED AND APPROVED this x~tl~ day of ~003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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