(a)
Findings; supermajority defined.
(1)
Pursuant to Texas Local Government Code section 51.001, the city
has the authority to adopt, publish, amend or repeal an ordinance,
rule or police regulation for the good government, peace or order
of the municipality or for the trade or commerce of the municipality,
and which is necessary or proper for carrying out a power granted
by law to the municipality.
(2)
Pursuant to chapter 552 of the Texas Local Government Code, municipalities,
including the city, may enter into various contracts with governmental,
nonprofit and private entities to obtain and secure water and water
rights under various circumstances as set forth in that chapter.
(3)
The city currently is a party to one or more contracts that secure
water and water rights for and on behalf of the citizens and ratepayers
of the city, which are or will be used in support of the city’s
water system.
(4)
Ownership of such water rights is a valuable commodity, and secures
unto the citizens and ratepayers of the city alternative sources of
water for use now and in the future.
(5)
The city council believes that for the good government, peace, and
order of the city and for the protection of the trade or commerce
of the city, the sale or conveyance of such water rights secured by
contract and owned by the city to a third party should only occur
upon a “supermajority” vote of the “full”
city council at a regular meeting, after due public notice.
(6)
A “full” city council shall be understood to mean all
five voting members of the city council in attendance at a regular
meeting, after due public notice.
(7)
A “supermajority” vote shall constitute four out of five
members present voting in favor.
(b)
Supermajority required.
A supermajority of the full
city council shall be required to authorize the sale or conveyance
of water rights secured by contract in the city to a third party at
a regular meeting, after due public notice.
(Ordinance 2020-O-015 adopted 12/8/20)
(a)
Except as otherwise specifically provided herein, the city shall
not provide water service outside the city limits.
(b)
This section shall not prohibit pre-existing water services that
are in place and providing water at the time of the approval of this
section.
(c)
Notwithstanding the foregoing, if the owners of real property located
outside of the city limits, but living within the city’s extraterritorial
jurisdiction, shall apply for city water services, then, in addition
to properly filling out all applicable forms (the “application”)
required by the city, the owners shall be required to file with the
city a petition requesting voluntary annexation (the “petition”).
Said petition shall be in a form determined by the city in its sole
discretion. Provision of city water to the noncity real property owner(s)
is conditioned upon both the city and city council properly accepting
and approving the application and petition, as well as all other applicable
legal requirements.
(Ordinance 2016-O-09 adopted 8/29/16; Ordinance 2021-O-014 adopted 11/30/21)
It is unlawful for any person to damage, molest, move, connect
to, disconnect from, bypass, remove or in any way tamper with any
gas, water, sewer, or electrical lines, or meters, or cable TV lines,
owned or operated by any public utility or franchised owner or operator,
or the city, located above or below ground within the city limits.
(Ordinance 297 adopted 12/10/90)
