2001-07-30 CITY COUNCIL SPECIAL MEETING MINUTES019
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 30, 2001, AT 6:00 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember
Richard Tetens
Councilmember
Woody Owens
Councilmember
Klaus Seeger
Councilmember
Larry Wilkins
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Pro -Tem Marcott.
Others in attendance: Deputy City Manager Alan Mueller; Senior Civil Designer C.R. Long.
r, PURPOSE OF THE MEETING:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 6:02 p.m. to
discuss the following:
SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - REGARDING THE CITY'S
DETENTION FACILITIES. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - REGARDING INVESTOR
OWNED UTILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS:
Council returned from Executive Session at 7:00 p.m.
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COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING,THE
CITY'S DETENTION FACILITIES. Mr. Darrin Coker, City Attorney.
No Council action taken.
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH INVESTOR OWNED UTILITIES. Mr.
Darrin Coker, City Attorney.
Councilmember Tetens made the motion to adopt the rules and regulations of the TNRCC
as they apply to investor owned water utilities, seconded by Councilmember Owens, to
approve Ordinance No. 1021 on its first and only reading.
City Attorney, Darrin Coker, stated this ordinance is dealing with the issue of who has
jurisdiction, as it applies to the residents of West Lea. This is a two-part question in that
in some instances the City will have jurisdiction and in others the TNRCC will have
jurisdiction.
He further explained Chapter 13 of the Water Code controls who has jurisdiction over the
West Lea water system. Up until the time West Lea was annexed the TNRCC had what
is called exclusive jurisdiction which means no one but the TNRCC had jurisdiction over
this water system. As soon as West Lea was annexed the water system became partly the
jurisdiction of the City. It must be noted that this was not brought to the City's attention
until late last week by the TNRCC who had been operating with exclusive jurisdiction until
this time period, The TNRCC notified the City that the City has jurisdiction and TNRCC did
not.
Upon annexation of West Lea by the City, the City obtained jurisdiction by virtue of Section
13.042 of the Water Code which regulates jurisdiction. Simply stated, as soon as the City
annexed West Lea the problem became the City's. The City did not assert jurisdiction
because the TNRCC continued to exert that jurisdiction and it was never passed on to the
City. The City's jurisdiction applies to rates, services and operations. Section 13.042 of
the Water Code states if, upon annexation, the City chooses not to exercise their
jurisdiction there is an option in which the City could surrender jurisdiction. The motion
currently before Council is to not surrender jurisdiction and to maintain jurisdiction over
rates and services.
Brief discussion ensued between the City Attorney and a member in the audience
regarding the water quality. The audience member stressing water quality is their biggest
issue. Mr. Coker responded the water quality is still regulated and monitored by the
TNCRCC.
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021
There is also a portion of the Code which is Section 13.082 and addresses exactly,what
regulations the City has in place to regulate rates and services. The point of the current
motion on the table is to adopt the TNRCC rules and regulations so the City can enforce
those rules and regulations as they apply to these two issues. Section 13.082 is a default
provision to the statute which says if a City annexes a water district and they do not have
any rules and regulations in place then the City may adopt the TNRCC's.
TNRCC's rules and regulations are contained in the Texas Natural Resource Code.
Chapter 291 of the Texas Natural Resource Code is the only one the City has the authority
to enforce. Chapter 290 of the Texas Natural Resource Code has to do with water quality
and the only one who has the authority to enforce these regulations are the TNRCC. City
Attorney, Darrin Coker, stated he spoke to the Attorney with the TNRCC who confirmed
this information to be correct and Mr. Coker also questioned whether the City could
establish their own water quality standards and the TNRCC stated this falls under
TNRCC's jurisdiction only. TNRCC's attorney stated no City in Texas has the authority to
enforce Chapter 290 of the Texas Natural Resource Code. This jurisdiction is the
TNRCC's only.
Mayor Reid stated if residents of West Lea would like to speak further to City Staff he
would instruct Staff of this desire. He also stated he will instruct Staff to negotiate the
purchase of the West Lea water plant and bring back a report to the City Council on this
matter.
Voting "Aye" Councilmembers Tetens, Owens, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Marcott absent.
Councilmember Owens made the motion, seconded by Councilmember Seeger, to instruct
City Staff to negotiate the purchase of the West Lea water plant and bring back a report
to the City Council on this action.
Voting "Aye" Councilmembers Tetens, Owens, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Marcott absent.
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ADJOURNMENT
Meeting was adjourned at 7:15 p.m.
Minutes approved as submitted and/or corrected this the 13'" day of August, 2001.
Tom Reid
Mayor
ATTEST:
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