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HomeMy WebLinkAboutRES 012307-G - Opposing Wilco MUD 197 RESOLUTION NO. 41 a `3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS OPPOSING THE APPLICATION BY WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY (APPLICATION NO. 35375-C SOAH DOCKET NO. 582-07-0786; TCEQ DOCKET NO. 2006-1810-UCR); AUTHORIZING THE OPPOSITION OF THE PENDING APPLICATION BEFORE THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OFFICE OF HEARING EXAMINERS; AUTHORIZING THE RETENTION OF THE LAW FIRM OF BICKERSTAFF, HEATH, POLLAN & CAROOM, LLP, AND PROVIDING THAT THE RESOLUTION IS EFFECTIVE IMMEDIATELY UPON PASSAGE. WHEREAS, the City of Georgetown is a Home Rule municipal corporation organized and operating under its Home Rule Charter and the laws of Texas; and WHEREAS, Williamson County Municipal Utility District No 19 ("MUD 19") has applied to the Texas Commission on Environmental Quality ("TCEQ") for a Certificate of Convenience and Necessity relating to wastewater services, which application is referred in the TCEQ records as Application No.. 35375-C, SOAH Docket No. 582-07- 0786; TCEQ Docket No. 2006-1810-UCR (the "CCN Application"); and WHEREAS, it is in the best interests of the City of Georgetown, the citizens of the City, and the customers of the City s wastewater utility to take necessary measure to ensure that local and regional water quality is protected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Part 1: The City Council finds that all recitations set forth above are true and correct and the recitals are incorporated herein by reference as if set forth in full. Part 2: The City Council hereby declares its opposition to the CCN Application filed by MUD 19. Resolution I\o. 012 3 07- Part 3. The City Council hereby authorizes the City Manger, the Assistant City Manager for Utilities, the City Attorney, and their designees to take all actions necessary to protect the City's interests in regard to the CCN Application, which may include but are not limited to attending and participating in public meetings, hearings, and other discussions on the CCN Application; meeting, discussing and coordinating with other persons and entities that have similar interests in the matter, requesting and participating in a contested case hearing on the CCN Application; and representing the City in all proceedings on the CCN Application before the Texas Commission on Environmental Quality and the State Office of Hearing Examiners. Part 4. The City Council hereby retains the services of the law firm of Bickerstaff, Heath, Pollan & Carroom, LLP, 816 Congress Avenue, Suite 1700, Austin, Texas 78701- 2443 to represent the City in a contested case hearing on this matter before the Texas Commission on Environmental Quality and the State Office of Hearing Examiners. Part 5: This Resolution, and all provisions contained herein, shall be effective immediately upon its passage. PASSED AND APPROVED AND MADE TO BE EFFECTIVE on the 23rd day of January, 2007, by a majority of the City Council at a regular meeting with a quorum present. Sandra D. Lee CITY SECRETARY APPROVED AS TO FORM: Patricia E. Carls, City Attorney Brown & Carls, LLP THE CITY OF GEORGETOWN, TEXAS Resolution No. 0 /a 3 07e -2- STATE OF TEXAS COUNTY OF GEORGETOWN This instrument was acknowledged before me on the day of 2007 by Gary Nelon, Mayor, City of Georgetown, Texas, a Texas ome rule municipality, on behalf of the City of Georgetown. Notary Public, State of Texas Resolution No. enQ 3 07 " -3-