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R2003-0079 06-09-03RESOLUTION NO. R2003-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AN APPLICATION FOR DUAL CERTIFICATION ASSOCIATED WITH THE CERTIFICATE OF CONVENIENCE AND NECESSITY FOR BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby consents to the application for dual certification associated with the Certificate of Convenience and Necessity for Brazoria County Municipal Utility District No. 21. PASSED, APPROVED and ADOPTED this the__ A.D., 2003. 9th dayof June , TOM REID MAYOR ATTEST: ~'Y ~CRETAR¥ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY February 17, 2003 Texas Commission on Environmental Quality Registration, Review and Reporting Division Permit Administrative Review Section Water Quality Applications Team MC-156 PO Box 13087 Austin TX To Whom It May Concern: The City of Pearland does not object to the dual certification application from Brazoria County MUD #21 (Savannah). In fact, the City has consented to the creation of the MUD. At the time the CCN for this area was granted to the City. we were under the understanding that the City had the right to assign our rights to provide water and sewer service to other entities of our choosing. By consenting to the creation of the MUD. this is essentially what we have done. Please contact me if you have any questions. Alan R. Mueller Deputy City Manager C: Bill Eisen, City Manager ✓ • 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581 • 281-652-1600 • www.ci.pcarland.tx.us Ponied on Recycled Paper AFFIDAVIT OF PUBLICATION • The Pearland Reporter`News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties • • I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper.of general circulation in Brazoria, Harris & Galveston Counties, for / issues, %as .follows: N o. / Date ,( P 20 02 N o. Date 20 N o. Date • '20 N o. Date 20 N o. Date 20 Subscribe and sworn to before me this 20 02 grvio &NI 3/ LAURA ANN EMMONS Notary Public State of Texas Commissron Expires 09-09-2006 President day o Laura Ann Emmons, Publisher Notary Public, State of Texas Notice of Publication: B C MUD No. 21 - W/S (',S Published 04/30/03 &05/07/03 Published April 30 and May 7, 2003 NOTICE FOR PUBLICATION NOTICE OF APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) TO PROVIDE WATER AND SEWER UTILITY SERVICE IN BRAZORIA COUNTY Brazoria County MUD No. 21 has filed an application for a water CCN and a sewer CCN and dual certification with the City of Pearland with the Texas Commission on Environmental Quality to pro- vide water and sewer utility service in Brazoria County. The proposed utility service area is located approximately .2Q miles south of downtown Houston, Texas, and is gen- erally bounded on the north by County Road 546B; on the south by State Highway 6; and on the west by the Brazoria/Fort Bend County Line. The total area being requested includes approxi- mately 952.33 acres. A copy of the proposed ser- vice area map is available at 1001 Fannin, Suite 2300, Houston, Texas 77002, (713) 758-2622. A request for a public hearing must be in writing. You must state (1) your name, mailing address, and daytime tele- phone number; (2) the appli- cant's name, application number or another recogniz- able reference to this applica- tion; (3) the statement, "I/we request a public hearing" (4) a brief description of how you or the persons you represent, would be adversely affected by the granting of the applica- `tion for a CCN; and (5) your proposed adjustment to the application or CCN which would satisfy your concerns and cause you to withdraw your request for a hearing. Persons who wish to inter- vene or comment should write the: Texas Commission on Environmental Quality Water Supply Division Utilities and Districts Section, MC-153 P.O. Box 13087 Austin, TX 78711-3087 within thirty (30) days from the 'date of this publication or notice. A public hearing will be held only if a legally suffi- cient hearing request is received or if the Commission on its own motion requests a hearing. Only those individu- als who submit a written hearing request or a written request to be notified if a hearing is set will receive notice if a hearing is sched- uled. If a public hearing is request- ed, tho Executive Director will not issue the CCN and will forward the application to the State Office of Administrative Hearings (SOAH) for a hear- ing. If no settlement is reached and an evidentiary hearing is held, the SOAH will submit a recommendation to the Commission for final deci- sion. If an evidentiary hearing is held, it will be a legal pro- ceeding similar to a civil trial in state district court.