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HomeMy WebLinkAboutRes 2002-09 Authorizing the Mayor & City Administrator to Prosecute and/or Settle the City's Application to Amend the Water & Sewer Certificates of Convenience & Necessity- Texas Natural Resource Conservation Commission• 1 9 A 11 1 1 1 UTHORIZING THE MAYOR1 THE CITY 1 ., 1. 1 PROSECUTE AND/OR SETTLE HE CITYS APPLICATION PENDING BEFORE 1' RESOURCEEXAS NATURAL 1, . .. 1 OMMISSION TO AMEND 1 EWER CERTIFICATES 1 CONVENIENCE .1 PROVIDING F1 1; STABLISHING AN EFFECTIVE DATE, E AS, the City of Anna, Texas ("City") currently holds water and sewer Certificates of Convenience and Necessity ("CCN") Nos. 12967 and 20898 issued by the Texas Natural Resource Conservation Commission ("TNRCC"); and AS, it is in the best interests of the City to seek to amend its CCN area and continue to serve its customers; and AS, the City Council of the City of Anna authorizes the City staff to continue to represent the City before the TNRCC. SECTI N 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. SECT'I#J 2. The City Council of the City of Anna hereby authorizes the Mayor and City Administrator the authority to take all necessary actions to prosecute and/or settle the City's pending application before the TNRCC seeking to amend the City's water and sewer CCNs. Arturo D. Rodriguez, with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., is hereby authorized to represent the City of Anna in seeking an amendment before the TNRCC. SECTIhl 3. It is hereby declared that the sections, paragraphs, sentences, clauses and phrases of this Resolution are severable and, if any phrase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution, because the same would have been enacted by the City Council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. 1 SECTION 4. All resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 5. This Resolution shall take effect immediately after passage hereof Signed this day of M" 2002. I:1 ON A. HOWARD, City Secretary RONALD FERGUSON,