HomeMy WebLinkAboutRes 02-2001• • • • 1 A i
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WHEREAS, the City of Anna ty") and Westminster Water Supply Corporation
'Westminster') have filed applications with the Texas Natural Resource Conservation
Commission seeking authority to provide water service to areas in Collin County; and
WHEREAS, portions of the proposed service areas overlap and conflict; and
WHEREAS, the City and Westminster desire to avoid contested case gation over the
overlapping and conflicting portions of their respective certificate of convenience and necessity
(CCN) applications; and
WHEREAS, the City and Westminster have reached a full and complete settlement and
resolution of their concerns regarding their respective applications, which is embodied in the
Settlement Agreement, which is attached to and made an integral part of this Resolution; now
therefore
1. Acceptance of Settlement Agreement
The Settlement Agreement, which is attached to and made an integral part of this
Resolution, is hereby accepted.
2. Authorized Signatory
The Mayor of the City of Anna, or in his absence the Mayor Pro Tem, is hereby
authorized by the City Council to sign the attached Settlement Agreement on behalf of
the City of Anna.
Passed by a unanimous vote of the City Council of the City of Anna, Texas, on this the 13t" day
of February, 2001.
Mayor
ATTEST:
City Secretary
Page 1 of 1
Jol-IN E. RnI°u.a, J.D.
JAMES W. WILJON, J.D.
NEALS.FRIEDMAN,JD.
Ronald Ferguson, Mayor
City of Anna
120 West 4(h Street
P.O. Box 776
Anna, TX 75409
RAPIER & WILSON, P.C.
ATTORNEYS AT LAW
103 W. MCDeaMOTT, ALLEN, Texas 75013-2782
February 13, 2001
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TELEriioNE: (972)727-9904
(800)831-3126
FncSIMILE:(972)727-4273
E-MAIL: Gunyan(.trcw-1am.cnm
Re: SOAH Docket No. 582-00-1476; TNRCC Docket No. 2000-0320-UCR;
Application of the City of Anna to Obtain a CNN for Water Utility
Service in Collin County, Texas
Honorable Sir:
This office, together with Fisher &Newsom, P.C. in Austin, represents Westminister Water
Supply Corporation ("Westminister WSC") in connection with the above referenced matter.
Enclosed herewith please find five (5) Settlement Agreements which have been reviewed and
approved by the respective counsel for Westminister and the City of Anna, and which have been duly
executed by the President and Secretaryof Westminister WSC. Kindly retain one fully .x cuted original
for your records and deliver the remaining copies. along itu�c h a capyot_ he Ci y s_�fion ap�roving
same, to my attention as soon as possible. I will forward the Agreements to Fisher & Newsom, P.C. in
us in w o wi a fifes e eir iling with the TNRCC. Please note that the Agreement must be filed no
laterthan Friday, February 16, 2001 to avoid the need for additional attorney involvement. Accordingly,
your prompt attention to this matter is strongly urged for the benefit of all parties.
Thank you for your assistance in bringing this matter to a swift and amicable resolution.
cc: Skip Newsom
Kerry E. Russell
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made and entered into on this the Lfy'lzay of
2001, by and between the City of Anna, Texas (hereinafter the "City"), apolitical
subdivision of the State of Texas, and Westminster Water Supply Corporation, a Texas non-profit
corporation (hereinafter "Westminster").
RECITALS
WHEREAS, the City has filed an Application (hereinafter "City's Application") with the
Texas Natural Resource Conservation Commission ("TNRCC") requesting a certificate of
convenience and necessity ("CCN") for water service to an area in Collin County, Texas, as shown
on the map contained in the City's Application that has been docketed with the TNRCC and State
Office of Administrative Hearings ("SOAH") as TNRCC Docket No. 2000-0320-UCR and SOAH
Docket No. 582-00-1476 respectively; and
WHEREAS, Westminster has filed Application No. 33290-C (hereinafter "Westminster's
Application") with the TNRCC requesting an amendment to its water service area under CCN
No. 11014 as shown on the map contained in Westminster's Application; and
WHEREAS, portions of the service areas proposed by the City's Application and
Westminster's Application overlap and conflict and Westminster has protested City's Application
and City has indicated that it opposes Westminster's Application to the extent of such conflicts; and
WHEREAS, the City and Westminster desire to avoid contested case litigation over the
overlapping and conflicting portions of their respective CCN Applications and to resolve such
disputed service area boundaries by executing this Agreement. _
NOW, THEREFORE, it is the intent of the City and Westminster t� `e a full and
complete settlement and resolution of their concerns regarding their resr� ��, �s through
the execution of this settlement agreement ("Agreement") This �` ��� ��, `rms nor
denies the merits of either the City's or Westminster's objectio� <<`�o �� ecuted
solely to buy peace between the parties. By signature be. ,� . P �� 3 -�e as
follows: w 3
W, G~SOA
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TERMS OF AGREEMENT
IN CONSIDERATION of the mutual promises and covenants contained in this Agreement,
including the recitals set forth above, the parties agree to file this Agreement with SOAH and the
TNRCC and further agree that within thirty days of execution hereof.
(1) The City shall withdraw certain portions of its requested water CCN service area
from City's Application in accordance with item number three (3) below.
(2) Westminster shall withdraw certain portions of its requested amended water CCN
service area from its Application in accordance with item number three (3) below.
(3) As between the City and Westminster, the boundaries of their respective water
service areas proposed to be certificated by the TNRCC are to be redrawn under
items number one (1) and number (2) above so that the City shall withdraw a certain
area as indicated on the map attached hereto as Exhibit A, which map is incorporated
herein to delineate the parties' respective agreed service area boundaries.
Westminster shall withdraw certain portions of its requested amended water CCN
service area from its Application so that no area will overlap any area within the
City's proposed CCN contained in Exhibit A; provided, however, that City's
proposed CCN service area depicted on Exhibit A shall not be construed to include
any of Westminster's currently certificated service area or customers.
(4) Westminster shall notify both the TNRCC and SOAR in writing of its desire to
withdraw all opposition to the City's Application as revised in accordance with this
Agreement.
(5) City shall notify the TNRCC that it does not oppose the granting of Westminster's
Application as revised in accordance with this Agreement.
(6) The City and Westminster shall refrain from participating in, directly or indirectly,
any proceeding before the TNRCC or any other state agency or tribunal or federal
agency or tribunal or local proceeding for the purpose of opposing their respective
Applications to the extent that same are consistent with the service area boundaries
shown on Exhibit A.
MISCELLANEOUS
(7) This Agreement shall be governed by and construed and enforced under the laws of
the State of Texas.
(8) The obligations and undertakings of each of the parties to this Agreement shall be performed
in Collin County, Texas. The parties expressly agree that all judicial proceedings to enforce
any of the provisions of this Agreement shall take place in Collin County, Texas.
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(9) This Agreement contains the entire agreement of the City and Westminster with
respect to the subject matter of the agreement. No agreement, statement, or promise
made by any party or to any employee, agent, or officer of any parry, that is not
contained in this Agreement shall be valid, binding, or of any force or effect. Any
amendments to this Agreement must be in writing and signed by the party or parties
to be charged.
(10) This Agreement shall be binding upon the parties hereto and their respective
successors, heirs, representatives, and assigns.
(11) This Agreement shall be effective as of the date of execution by the parties.
(12) In the event that the terms and conditions of this Agreement are breached by either
party, and the parties participate in a proceeding before any state or federal tribunal
because the terms and conditions of this Agreement are not being complied with by
one of the parties, the prevailing party shall recover its fees, damages, costs,
attorneys' fees, and such other and further relief from the non -prevailing party,
general or special, at law or in equity, to which the prevailing party may show itself
justly entitled.
(13) The respective signatories to this Agreement represented that they are authorized to
sign this Agreement on behalf of their respective party.
CITY OF ANNA
ee
RONALD FERGUSON,
Date: ,,e) 1:7 4: --j�)
ATTEST:
City Secretary
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ATTEST:
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