ORDER NO. 31512 RESOLUTION REQUESTING TCEQ TO DENY CITY OF KERRVILLE'S APPLICATION NUMBER 36469C FOR CERTIFICATE OF CONVENIENCE AND NECESSITY Came to be heard this the 9th day of November, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve Resolution to TCEQ to deny City of Kerrville's Application Number 36469C for a Certificate of Convenience and Necessity for two miles outside the corporate limits of the City, and to conduct a public hearing on the matter. COMMISSIONERS' COURT AGENDA REQUEST 3 /SI ~- I,aLI PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: November 9, 2009 TIME PREFERRED: SiJR.IF,CT: Consider, discuss and take appropriate action regarding City of Kel7ville's Application to TCEQ for a Certificate of Convenience and Necessity for two miles outside the corporate limits of the city. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Page 1 of 2 Bill Williams From: Ray Buck [RBuck@ugra.org] Sent: Tuesday, October 06, 2009 8:13 AM To: bwilliams@co.kerr.tx.us Subject: FW: CCN question FYI Raymond L. Buck, Jr. General Manager Upper Guadalupe River Authority 125 Lehmann Dr., Ste. 100 Kerrville, Texas 78028 tel: (830) 896-5445 fax: (830) 792-6763 rbu_ck@ugra,_org From: Karen Blaschke [mailto:KBLASCHK@tceq.state.tx.us] Sent: Tuesday, October 06, 2009 7:35 AM To: Ray Buck Cc: Maria Rosalez; Tammy Lee Holguin-Benter; UTILDIST@tceq.state.tx.us; Wanda Morgan Subject: Re: CCN question Dear NIr. Buck: This email is in response to your October 1, 2009, email. To request a public hearing and protest a Certificate of Convenience and Necessity amendment application that has not been accepted filing and is currently in administrative review include the following information and send the request to me at the address below. The public hearing request must be in writing. You must state your, mailing address, daytime telephone number, the applicant's name, application number or another recognizable reference to the application, the statement I/we request a public hearing, a brief description of how you or the persons you represent would be adversely affected by the granting of the application for a CCN or an amendment to the CCN and your proposed adjustment to the application or CCN amendment which would. satisfy your concerns and cause you to withdraw your request for a hearing. Please, let me know if have any questions or you can call me at 512/239-6932. Sincerely, Karen Blaschke TCEQ Water Supply Division Utilities & Districts Section, MC-153 P.O. Box 13087 Austin, Texas 78711 »> "Ray Buck" 10/1/2009 10:28 AM »> Can you direct me to the appropriate resources/persons to help me with the procedure for opposing a CCN 10/06/2009 Page 2 of 2 amendment currently being reviewed by TCEQ staff for administrative completeness? Thanks, Ray Buck Raymond L. Buck, Jr. General Manager Upper Guadalupe River Authority 125 Lehmann Dr., Ste. 100 Kerrville, Texas 78028 tel: (830) 896-5445 fax: (830) 792-6763 rbuck@_ugra,_org 10/06/2009 Page 1 of 3 Bill Williams From: Ray Buck [RBuck@ugra.org] Sent: Wednesday, September 30, 2009 3:03 PM To: Charlie Hastings Cc: Lana Edwards Subject: RE: city agenda item 56 Charlie, I am not sure we support the city's CCN request though we have taken no formal action on it to date. I am collecting information to take to our board. Will you please send me a copy of your request so that I can provide it to my directors? Thanks, Ray Raymond L. Buck, Jr. General Manager Upper Guadalupe River Authority 125 Lehmann Dr., Ste. 100 Kerrville, Texas 78028 tel: (830) 896-5445 fax: (830) 792-6763 rbuck u ra.or From: Charlie Hastings [mailto:Charlie.Hastings@Kerrvilletx.gov] Sent: Wednesday, September 30, 2009 2:45 PM To: Ray Buck Cc: Lana Edwards Subject: RE: city agenda item 5B Ray, we filed the CCN request in July. As a point of clarification, the map you provided back in February showed two things: a red proposed service area and blue existing CCN's. My understanding was that is would be your desire for Kerrville to exclude from our CCN application the proposed service area (in red). Am I understanding that correctly? Attached is the map that you provided me back in February for your reference. Please let me know as soon as you can. Thanks! Charlie From: Ray Buck [mailto:RBuck@ugra.org] Sent: Wednesday, September 30, 2009 10:15 AM To: Charlie Hastings Cc: Lana Edwards Subject: RE: city agenda item 5B 10/01 /2009 Page 2 of 3 Charlie, Have your filed the CCN request referenced below? I would appreciate any details you can provide Thanks, Ray Raymond L. Buck, Jr. General Manager Upper Guadalupe River Authority 125 Lehmann Dr., Ste. 100 Kerrville, Texas 78028 tel: (830) 896-5445 fax: (830) 792-6763 rb.. u.ck@ug ra._org From: Charlie Hastings [mailto:Charlie.Hastings@Kerrvilletx.gov] Sent: Tuesday, February 10, 2009 10:14 PM To: Ray Buck Subject: RE: city agenda item 5B Ray, tonight council authorized staff to proceed with application for a water ccn of the area that is within two miles of our city limits, excluding existing ccn's and excluding the center point area that UGRA wants to serve. I need to get with you and define that area. If you come to my office we can outline that area on my computer using GIS data and aerial photography. Otherwise, we could do it with a map and markers. I prefer my computer. After we define UGRA's area, we can produce a map of the area that council described and give you a copy. I can meet some time Thursday, just about any time. Let me know. Charlie From: Ray Buck [mailto:RBuck@ugra.org] Sent: Mon 2/9/2009 3:18 PM To: Charlie Hastings Subject: FW: city agenda item 5B Sorry for the mispelling...doynu have a map that s..h.ows the proposed boundaries? Thanks, ray From: Ray Buck Sent: Monday, February 09, 2009 3:04 PM To: 'Charlie Hastings' Cc: 'Walt Schetlhase'; Lana Edwards; Karol Schreiner; 'kubenka76@omniglobal.net' Subject: city agenda item 56 Charlie, Can you shed some light on the request to have staff file for an extended CCN in the ETJ? I thought the city's ETJ was one mile. Do you have a map you can share that shops the proposed boundaries? At issue here is potential conflict with our Center Point water supply project. I'm unsure where a two mile boundary would be in reference to Center Point. 10/O1 /2009 ~~ rage ~ of i Rex Emerson From: Lisa Fuentes [LFuentes@tceq.state.tx.us) Sent: Friday, October 02, 2009 3:09 PM To: remerson@co.kerr.tx.us Subject: App. No. 36469-C, City of Kerrville Attachments: irgw55@tceq.state.tx.us 20091002 150654.pdf; irgw55@tceq. state. tx. us_20091002_150718. pdf Mr. Emerson, As we discussed, attached is the map showing the proposed area and the application filed by the City of Kerrville. Please let me know if you need any additional information. Sincerely, Lisa Lisa Fuentes Utilities & Districts Section Water Supply Division 512/239-6117 10/2/2009 b.. ~ ~~+ 'e ..~, ~' ~i ~~~ ~' .~.~ ''~ r l .~ ~; ..~ ~ `' B ~~ APPLICATION TO OBTAIN OR AMEND AWATER/SEWER ~~ CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) XCN# xRN# *If known (See Instructions TCEC~ PURPOSE OF THIS APPLICATION OBTAIN ,, ~ X New Water CCN ?~~^ New Sewer CCN ~ j ~ ~ ~_ C~ ~~Q~ ~ AMEND tl~ater CCN # ~ ~ G ~'' ^ Sewer CCN # JuL ~ s ZOOJ 1. APPLICANT INFORMATION T"E)CgS Utility Name: City of Kerrville (;UNiM~.~~ ~r,~. Utility Address (city/state/zip) 800 Junction H EN / ~ ~~ ~„U 1H u Kerrville, Texas 78028 QUALITY Utility Phone Number (830) 792-8319 Phone (830) 896-8793 A. Contact Person: Please provide information about the person to be contacted regarding this application. Indicate if this person is the owner, operator, engineer, attorney, accountant manager, or other title related to the applicant. Name: Stuart Barron Title: Water/Wastewater Manager Address: 800 Junction Hwy Telephone (830) 792-8317 City Kerrville St TX Zip 78028 Fax(830) 896-8793 E-mail: stuart barro~~kerrvilletx aov County(ies} in which service is proposed Kerr Check the a ro riate box and rovide information regarding the legal status of the a licant: B. if the applicant is aFor-Profit business or corporation, please include the following information: i. Provide a copy of the corporation's. Certification of Account Status from the Texas State Comptroller of Public Accounts. ii. Provide the corporation's charter number as recorded with the Office of the Texas Secretary of State. iii. Provide a listing of all stockholders and their respective percentages of ownership. iv. Provide a copy of the company's organizational chart, if available. v. Provide a list of all directors and disclose the the of each individual. vi. Provide a list of all affiliated organizations (if any) and explain the relationship with the applicant. P Investor owned utilit Individual Home or Pro e Owners Association Partnershi For- rofit co oration _. •._ Non-profit, member-owned, member-controlled cooperative corporation (Water Code Cha ter 67, Water Su 1 or Sewer Service Co oration X Munici alit :City of Kerrville District Other Please Ex lain: TCEQ-10362 (REV 3/09) Page 7 of 28 C. If tl~e applicant is a Water Code Chapter 67 water supply or sewer service corporation: i. Provide a copy of the Articles of Incorporation and By-Laws. ii. Provide the corporation's charter number as recorded with the Office of the Texas Secretary of State. iii. Identify all members including name, address, title, and telephone number. iv. Provide a copy of the corporation's Certificate of Accoulit Status from the Texas Comptroller of Public Accounts. The City of Kerrville is a Home Rule h~corporated Municipality. 2. LOCATION INFORMATION A. Are there people already living in the proposed area? YES X NO If YES, are any currently receiving utility service? YES X NO , if YES, from Whom The City of Kerrville Demonstrate the Need for Service by providing the following: B. Have you received any requests for service in the requested service area? YES NO X If YES, provide the following: i. Describe the service area and circumstances driving the need for service in the requested area. Indicate the name(s) and address(es) of landowner(s), prospective landowner(s), tenant(s), or resident(s) that have requested service; and/or ii. Describe the economic need(s) for service in the requested area (i.e. plat approvals, recent annexation(s) or annexation request(s), building permits, septic tank permits, hospitals, etc.); and/or iii. Discuss in detail the environmental need(s) for service in the requested area (i.e. failing septic tanks in the requested area, fueling wells, etc.); and/or iv. Provide copies of any written applications or requests for service in the requested area; and/or v. Provide copies of any reports and/or market studies demonstrating existing or anticipated growth in the requested area. If no, please justify the need for service in the proposed area. vi. Ifitone ofthese items exist or al•e available, please justify the need for service in the proposed area in writing. Note: Failure to demonstrate a need for additional service in the proposed service area may result in the delay and /or possible denial of the application. C. Is any portion of the proposed service area inside an incorporated city or district? YES X NO If YES, within the corporate limits of: City of Kerrville Provide a copy of any franchise, permit, or consent granted by the city or district. If not available, please explain: The City of Kerrville is aaplyin>7 for a CCN inside & outside the City oflCerrville D. Is any portion of the proposed service area inside another utility's CCN area? YES NO X If YES, has the current CCN holder agreed to decertify the proposed area? YES NO 1fN0, are you seeking dual or single certification of the area? Explain why decertification ofthe area is in the public interest. 3. MAP REQUIREMENTS: TCEQ-10362 (REV 3/09) Page 8 of28 Attach the following hard copy maps with each copy of the application: A. A general location map delineating the proposed service area with enough detail to accurately locate the proposed area within the county. B. A map showing only the proposed area by: i. metes and bounds survey certified by a licensed state or register professional land surveyor; or ii. projectable digital data with metadata (proposed areas should be in a single record acid clearly labeled). Also, a data disk labeled with the applicant's name must be provided; or iii. following verifiable natural and man-made landmarks; or iv. a copy of recorded plat map with metes and bounds. C. A written description of the proposed service area D. Provide separate and additional maps of the proposed area(s) to show the following: i. all facilities, illustrating sepa~•ately facilities for production, transmission, and distribution of the applicant's service(s); and ii. any facilities, customers or area currently being served outside the applicant's certificated area(s). Note: Failure to provide adequate mapping information may result in the delay or possible denial of your application. 4. NEW SYSTEM INFORMATION OR UTILITIES REQUESTING A CCN FOR THE FIRST TIME A. Please provide the following information: i. a list of public drinking water supply system(s) or sewer system(s) within a 2 mile radius of the proposed system; Attached ii. copies of written requests seeking to obtain service from each of the public drinking water systems or sewer systems listed in #4.A.i above or documentation that it is not economically feasible to obtain service from each entity; In relation to the proposed CCN, the City of - Kerrville is the most centrals located water provider with the bestwater & fiuanciat resources to provide service especially considering the varied topography. iii. copies of written responses from each system or evidence that they did not reply; and N/A iv. for sewer utilities, documentation showing that you have obtained or applied for a wastewater discharge permit. N/A B. Were your requests for service denied? N/A. See Above i. If yes, please provide documentation of the.denial of service anal go to 4.C. ii. If no, please provide a detailed. analysis which justifies your reasons for not accepting service. A separate analysis must be prepared and submitted for each utility that granted your request for service. C. Please summarize how the proposed utility system will be constructed and describe each projected construction phase, if any: Developers will consfi•uct systems according to City specifications as devel~ments are~lanned/built None at this time D. Date of plat approval, if required: N/A Approved by: E. Date Plans & Specifications submitted for approval N/A Log No. Attach copy of approval letter if available. F. Date construction is scheduled to commence N/A G. Date service is scheduled to commence N/A TCEQ-10362 (REV 3/09) Page 9 of 28 5. EXISTING SYSTEM INFORMATION A. Please provide the following information for each water and/or sewer system, attach additional sheets if necessary. i. Waters stem's TCEQ Public Water System identification number(s): 1 3 3 0 0 0 1 m~~~ ~ m ; ~ ii. Sewer system's TCEQ Discharge Permit number(s) W Q - ; W Q - iii. Date of last inspection 05/16/2008 iv. Attach a copy of the most recent inspection report letter. Attached v. For each system deficiency listed in the inspection report letter, attach a brief explanation listing the actions taken or being taken by the utility to correct the listed derficiencies, including the proposed completion dates. No Deficiencies B. Provide the followin information about the utili 's certified o erators Name Classes License Number See Attachment -Attach-additional sheet(s) if necessary -Attached C. Using the current number of customers, is any facility component in systems named in #SA above operating at 85% or greater of minimum standard capacity? Yes No X Attach an explanation listing the actions to be taken to make system improvements including proposed completion dates (See 291.93(3)(A) of TCEQ Rules). D. List in the table below, the number of existing and/or proposed metered and non-metered connections (by size). The proposed number should reflect the information presented in the business plan or financial documentation and reflect the number of service requests identified in Question 2.b in the application. Water System Sewer S stem Connection Existing Pro osed Connection Existin Fro osed S/8" or 3/4" meter 6,744 NA Residential NA NA 1" meter or lar er 2,449 NA Commercial NA NA Non-Metered NA NA Industrial NA NA Other: NA NA Other: NA NA Total Wate NA NA Total Sewe NA NA TCEQ-10362 (REV 3/09) Page 10 of 28 E. If this application is for a water CCN only, please explain how sewer service is or will be provided: The Ci of Kerrville rovides it or rivate se tics stems are utilized. F. If this app}ication is for a sewer CCN only, please explain how water service is or will be provided: N/A G. Effect of Granting a Certificate Amendment. Explain in detail the effect of granting of a certificate or an amendment, including, but not limited to regionalization, compliance and economic effects on the following: i. the applicant, ii. any retail public utility of the same kind already serving the proximate area; and iii. any landowner(s) in the requested area. Whereas the Texas Water Commission, pursuant to Rule 31 TAC §294.24, has designated Kerr County as a portion of the "Hill Country Critical Area"; and whereas Kerrville, through adoption of Resolution No. 91-136, established a leadership role in efforts to ensure the long-term availability of adequate water supplies for municipal purposes in Kerrville and Kerr County; and whereas the city council of Kerrville, Texas, recognizes the need for the conjunctive use of surface and gt•ound water within Kerrville and the entirety of Kerr County in an effort to assure adequate water resources into the future; Kerrville is requesting a water CCN that extends beyond its city Ivnits into its extra territorial jut•isdiction (ETJ) as shown in the maps provided in this application. Kertville's water utility is non- profitwhere all funds generated from the sale of water go back into the construction, operation and maintenance of the system, thus the city and surrounding area will benefit economically from the increased levels of water availability and ability to expand existing uses of land or create new ones previously unattainable. Existing retail public utilities in the area do not have the ability to serve the areas in question; they cannot meet the minimum required fire flows and thus have restricted themselves and the area to limited growth damaging economic stimulus. In addition, existing retail water providers rely solely on groundwater in an area that is designated by the Texas Water Commission as "Critical"; tCertville's water supply system is conjunctive where it has three sources of water: treated surface water, native groundwater, and aquifer-stored surface water (aquifer storage and recovery). The expansion of Kerrville's service area to include its ETJ has a profound impact on the region's ability to grow with both water supply and conservation being the thrust of that growth. Landowners in the requested area will benefit from Kerrville's CCN application area being granted because Kerrville can supply conjunctive use water, whereas existing retail public utilities cannot. In addition, Kenville's standards and specifications cannot be met by existing retail public utility expansion; in particular there is not adequate system capacity for proper fire flow protection. The economic effects have been listed above as simply this: without water growth is limited, with the proper water supply and conservation measures that Kerrville has to offer the positive economic impact associated with growth is possible. TCCQ-10362 (REV 3/09) Page 11 of 28 H. Do you currently purchase or plan to purchase water or sewer treatment capacity from another source? i. No X (skip the rest of this question and go to #6) ii. Water Yes _,____~ _ .. ~ ~-,,,...1.,~ ( lnaacnnal _~ lem P.TPP.T1CV baSls? Y UrGt12l5GU Vll tt )tom uiui - Souuce ~ i------ -- % of total supply iii. Sewer treatment capacity iv: Yes ,_ _ _ _ ~ _ _ i ~_,,,~.i,,.. / looamnal _ ~ 1Pm P.TVP.nCV basis v. rurcntt~cu vtt u ~ ~,~ u,«~ - ~ ~~.,~ Source ..,.,..... ~------ --- % of total treatment treatment ranar vi. Provide a signed and dated copy of the most current water or sewer purchase agreement or contract. qty I. Ability to Provide Adequate Service. Describe the ability of the applicant to provide adequate service, including meeting the standards of the commission, taking both of the following items into consideration: i. the current and projected density, and ii. the land use of the requested area. The City of Kerrville imposes an aggressive water conservation plan during droughts, and our tiered rate structure promotes conservation year-round within our jurisdiction, thus allowing Kerrville to provide adequate service to its customers. Kerrville plans on using these water savings and developing additional water supplies such as: 1) Treating reuse water to drinking water standazds and store in our aquifer storage and recovery (ASR) system. 2) Purchase additional surface water rights. 3) Develop additional ground water wells. 4) Expanding our ASR system. The current and projected density of the requested areas are low (1-5 acres) and mostly residential with some commercial and light industrial uses. If Kerrville is awarded the CCN requested we would impose our strict conservation standards and develop the water system described above for our entire service area. The current situation is that property outside our city limits can develop with minimal regulations, thus ground water wells aze being constructed with no regard to sustainability or emergency services such as fire flow needs. J Effect on the Land. Explain the effect on the land to be included in the certificated area. The effect on the land proposed to be included in the CCN is that Kerrville can provide safer and better emergency services thus improving public health, safety, and welfaze. In addition, due to Kerrville's conjuctive water use system, the water supply for that azea can be controlled in a manner that promotes sustainability by using all available water sources efficiently (i.e. use excess surface water as a primary source, treat excess surface water and store it in the aquifer for use during droughts, allow the aquifer to recharge to higher levels when surface water is abundant but switch"to native ground water and aquifer stored surface water during times of drought, and the use of treated reuse water). Kemrille is the only entity in Kerr County that has the ability to utilize all potential water sources conjunctively to truly promote sustained water availability and preserve it for perpetuity. Page 12 of 28 TCEQ-10362 (REV 3/09) 6. FINANCIAL INFORMATION Please refer to City of Kerrtilille Comprehensive Amaral Financial Report for Fiscal Year Ending September 30,2008 (pages 43-45 & 58-61). A. For new systems and for applicants with existing CCNs who are constructing a new stand alone system: i. the applicant must provide an analysis of all necessary costs for constructing, operating, and maintaining the system, and the source of that capital (such as a financial statement for the developing entity) for which the CCN is requested for at least the first five years. Ili addition, if service has been offered by an existing water service provider as stated in #4.A., but the applicant has determined that the cost of service as finally offered renders the project not economically feasible, the applicant must provide a comparison analysis of all necessary costs for acquiring and continuing to receive service from the existing system for the setae period. ii. Attach projected profit and loss statements, cash flow worksheets, and balance sheets {projected five year financial plan worksheet is attached) for each of the first five years of operation. Income from rates should correlate to the projected growth in connectigns, shown on the projected profit and loss statement. iii. Attach a proposed rate schedule or tariff. Describe the procedure for determining the rates and fees and indicate the date of last change, if applicable. Attach copies of any cost of service studies or rate analysis worksheets. B. For existuig systems: i. Attach a profit and loss statement and current balance sheet for existing businesses (end of last fiscal year is acceptable). Describe sources and terms for borrowed capital such as loans, bonds, or notes (profit and loss and balance sheet worksheets are attached, if needed). ii. Attach a proposed rate schedule or tariff. v NOTE: An existing system tnay be required to provide the information in 6.A.i. above during the technical review phase if necessary for staffto completely evaluate the application. C. Identify any funds you are required to accumulate and restrict by lenders or capital providers. D. In lieu of the information in #6.A. thru #6.C., you may provide information concerning loan approvals within the last three (3) years from lending institutions or agencies including the most recent fuiancial audit of the applicant. Note: Failure to provide adequate financial information may result in the delay or possible denial ofyour application. 7. NOTICE REQUIREMENTS A. All proposed notice forms must be completed and submitted with the application. However, do not mail or publish them until you receive written approval from the Commission to do so. B.. The Commission cannot grant a CCN until proper notice ofthe application has been given. Commission rules do not allow a waiver of these notice requirements for CCN apnlicants. C. It rs the a~nlicant's resnonsibility to ensure that nroner notice is given to all entities that are required to receive notice. D. Recommended notice forms for publication, neighboring cities and systems, landowners with 25 acres or more, and customers are included with this application to use in preparing your proposed notices. (These notice forms are also available in Spanish upon request.) E. After reviewing and, if necessary, modifying the proposed notice, the Commission will send the notice to the applicant after the application is accepted for filing along with instructions for publication and/or mailing. Please review the notice carefully and note any additional neighboring utilities which may be included in the acceptance letter. Page 13 of 28 TCEQ-]0362 (REV 3/09) The applicant shall publish the notice in a newspaper having general circulation in the county or counties where a CCN is being requested, once each. week for two consecutive weeks beginning with the week after the notice is received from the Commission. Proof of publication in the form of a publisher! s affidavit shall be submitted to the Commission within 30 days of the last publication date. The affidavit shall state with specificity each county in which the newspaper is of general circulation. G. Notice To Neighboring Utilities: i. List all neighboring retail public utilities and cities providing the same utility service within the following vicinities of the applicant's proposed certificate area. ii. For applications for the issuance of a NEW CCN, the applicant must mail the notice with a copy of tl~e proposed CCN map to all cities and neighboring retail public utilities providing the same utility service within five (5) miles of the requested service area. iii. For applications for the AMENDMENT of a CCN, the applicant must mail the notice with a copy of the proposed CCN map to all cities and neighboring retail public utilities providing the same utility service within two (2) miles of the requested service area. H. Notice to Customers Investor Owned Utilities (IOUs) that are currently providing service without a CCN must provide individual mailed notice to all current customers. The notice must contain the current rates, the date those'rates were instituted and any other information required in the application. The notice must also list all zip codes affected by the application. I. The Commission may require the applicant to deliver notice to other affected persons or agencies. Do not publish or send copies of the proposed notices to anyone at the time you submit the application to the Commission. Wait until you receive written authorization to do so. This will occur after the Commission has reviewed the notices for completeness, and your application has been accepted for filing. Once the application is accepted for filing, you will receive written authorization to provide notice. Please check the notices for accuracy before providing them to the public. It is the applicant's burden to ensure that correct and accurate notice is provided. TCEQ-10362 (REV 3/09) Page 14 of 28 OATH STATE OF I-~~ COUNTY OF K ,C~1 I~ ~ _ rj~ ,being duty sworn, file this application as ~ (indicate relationship to Applicant, that is, owner, member of partnership, title as officer of rporation, or other authorized representative of Applicant); that, in such capacity, I am qualified and authorized to file and verify such application, am personally familiar with the maps and financial information filed with this application, acid have complied with all the requirements contained in this application; and, that all such statements made and matters set forth therein are true and correct. I further state that the application is made in good faith and that this application does not duplicate any filing presently before the Texas Commission on Environmental Quality. I further represent that the application form has not been changed, altered or amended from its original form available only from the Canmission. I further represent that the Applicant will provide continuous and adequate service to all custdmers and qualified applicants for service within its certificated service area. ~~ ~- ~-- AFFIANT (Applicant's Authorized Representative) If the Affiant to this form is any person other than the sole owner, partner, officer of the Applicant, or its attorney, a properly verified Power of Attorney must be enclosed. ~I UBS t ED AND S WORN TO BEFORE ME, a Notary Public in and for the State of Texas, this a/'~/day S of , 20Q~. 0 SE ^~, TARA MICHELLE LARONTIA r~aTAl~r lwr3uc * * STATE OF TEXAS ~FOF1~ My Comte, F.xplres Jam. 26, 2010 m NOTARY PUBLIC TCEQ-10362 (REV 3/09) Page I S of 28 Notice fo~° Publication NOTICE OF APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) TO PROVIDE WATER/SEWER UTILITY SERVICE IN Kerr COUNTY (IES) The City of Kerrville has filed an application for a CCN with the Texas Commission on Environmental Quality, to provide Water utility service in Ke>T County. The proposed utility service area is to include the City of Kerrville and two miles from the current city limits. The total area being requested includes approximately 13.268 acres and 9,193 current customers. The proposed amendment affects customers and/or areas located in the following zip code(s):78028 78010 78025, 78058 A copy of the proposed service area map is available at (Utility Address and Phone Number): City Hall 800 .function Hwy Kerrville Texas 78028• (830) 257-8000 A request for a public hearing must be in writing. You must state (1) your name, mailing address, and daytime telephone number; (2) the applicant's name, application number or another recognizable reference to this application; (3) the statement, "I/we request apublic hearing"; (4) a brief description of how you or the persons you represent, would be adversely affected by the granting of the application 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 intervene or comment should write the: Texas Commission on Envirorunental 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 sufficient hearing request is received or if the Commission on its own motion requests a hearing. Only those individuals 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 scheduled. TCEQ-10362 {12EV 3/09) Page 16 of 28 If a public hearing is requested, the Executive Director will not issue the CCN and will forward the application to the State Office of Administrative Hearings (SOAH) for a hearing. If no settlement is reached and an evidentiary hearing is held, the SOAR will submit a recommendation to the Commission for final decision. If an evidentiary hearing is held, it will be a legal proceeding similar to a civil trial in state district court. If you are a landowner with a tract of land at least 25 acres or more, that is partially or wholly located within the proposed area, you may request to be excluded from the proposed area (or Dopt out-) by providing written notice to the Commission within (30) days from the date that notice was provided by the applicant. All requests to opt out of the requested service area must include a scaled, general location map and a metes and bounds description of the tract of land. Persons who meet the requirements to opt out, and wish to request this option should file the required documents with the: Texas Commission on Environmental Quality Water Supply Division Utilities and Districts Section, MC-153 P. O. Box 13087 Austin, TX 78711-3087 A copy of the request to opt out of the proposed area must also be sent to the applicant. Staff may request additional information regarding your request. Si desea informacion en Espanol, puede llamar al 1-512-239-0200. Ppge l7 of 28 TCEQ-10362 (REV 3/09) Notice to Neighboring Systems, Landowners and Cities NOTICE OF APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) TO PROVIDE WATER/SEWER UTILITY SERVICE IN Ken COUNTY (IES) To: _See Attached Map for complete mailing Date Notice Mailed: , 2009 (Neighboring System, Landowner or City) (Address) (City State Zip) The City of Kerrville has filed an application for a CCN with the Texas Commission on Environmental Quality to provide Water utility service in Kerr County. The proposed utility service area is the City of Kerrville and two miles from the current city limits. See enclosed map of the proposed service area. The total area being requested includes approximately 13,268 acres and 9,193 current customers. The proposed amendment affects customers andlor areas located in the following zip code(s): _78028, 78010 78025,78058 A request for a public hearing must be in writing. You must state (1) your name, mailing address, and daytime telephone number; (2) the applicant's name, application number or another recognizable reference to this application; (3) the statement, "Uwe 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 application 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 intervene 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 sufficient hearing request is received or if the Commission on its own motion requests a hearing. Only those individuals 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 scheduled. If a public hearing is requested, the Executive Director will not issue the CCN and will forward the application to the State Office of Administrative Hearings (S OAH) for a hearing. If no settlement is reached and an evidentiary hearing is held, the SOAH will submit a recommendation to the Commission for final decision. If an evidentiary hearing is held, it will be a legal proceeding similar to a civil trial in state district court. TCEQ-10362 (REV 3109) Page 18 of 28 If you are a landowner with a tract of land at least 25 acres or more, that is partially or wholly located within the proposed area, you may request to be excluded from the proposed area (or Dopt out-) by providing written notice to the Commission within (30) days from the date that notice was provided by the applicant. All requests to opt out of the requested service area must include a scaled, general location map and a metes and bounds description of the tract of land. Persons who meet the requirements to opt out, and wish to request this option should file the required documents with the: . Texas Commission on Environmental Quality Water Supply Division Utilities and Districts Section, MC-153 ___ __ P. O. Box 13087 Austin, TX 78711-3087 A copy of the request to opt out of the proposed area must also be sent to the applicant. Staff may request additional information regarding your request. Si desea information en Espanol, puede Ilamar al 1-512-239-0200. TCEQ-10362 (REV 3/09) Page 19 of 28 c r i M r t~P . ' Appendix Table i • Water Suppliers of Kerr County ' ~ Number of Connections-=-,.1990-1995 ' I. r ~ ~ ~ ~ ` ~ t 1 ~ . Number of Connections Name of Water Supplier ' 1990 1991 1992 _1993 1994 1995, . Region + ~ no. no. no. no. no. no. I + Kerrville Area ~ ~ ~ I _ 1 City of•ICerrville 7,047 6,789 7,616 7,368 7,3.86 7,4T0 1 11 Cherokee Mobile Home Park 30 60 ~30 ~ 30 30 30 ] 30 Hll:Country Utilities/Horseshoe Oaks System 28 28 28 28 • 30 32 1 43 Oak,Grove Trailer`Park 82 82 82 82 82 86 .,.- l 60 Veterans Adm: Hospita l 0 0 0 0 0 0 1 `74 ' ' 75 Village West Water System Hill Cpuntry Utilities/Nlidway end Park . 0 0 0 0 10 0 13 8 15 1 31 19 31 j . _ 1 ~ 1 ` ;: .. Subtotal_; :,:. _: ,..; : .. 7,187 6,959 ] 7,766 ] 7,529 ,574 7 (.` 7,608 1 • . . .. Ingram Area 2 Cty_ of Ingram/See No. 34. j ! ? 5 $Iue.R~dge Mobile Home Park 25 25 25 ~ ~ 20 36 30 1 •, _ 2 - e Home=Villa l b l C s M ~S 48 48 2 : Z g e edar g o pru • ~;6 $ide~away Iylflbile Home Park 45 47 47 ; 45 45 ; 45 2 ~2~ H111s, I~'-D,al~s Su~di~sion/Widenfeld 45 47 47 .58 59 ~ 60 1, 2. ~~ Ingrar3 H1gh/Elerrl~ntary C.f~; I ~ 2 . i33 Ingrain Qaks~Retirement Community 75 85 120 1 111 j 164 . 164 .2 X34 Ind am Water Siipply.CompanylHillCountryUti 1,047 1,065 1,085 1,089 1,145 1,145 : 2 _`Fl'~ Hiil~ Country;Utihttes/Wliite'Oak Subdivision 18 18 18 21 ~2.k ~4 2: 4~~1 Midway Mp>aile Park;Waier=sttlfply, , 22 22 22 22 .25 25 2' 49 Riverfront.Village..~ 85 85 88 88 88 88 .. _. 2 b6 W©odhaven _IyII~R ,.: 37 29 29 31 ~ 3 ~ 31 2 ;68 XMCA Camp; Flaming Arrow ~ ~ :13~ . • 13 2 i~ • Subtotal ~ ~ f,447 1,471 1,529 1,533. 1;676. ~ 1,674 . 2 Kerri~xlleNorth• Area ~•` :21 Hill Cduritry.Utilities(Caidinal Acres ~ 17 17 17 17 21 .... • 21 • 3 ~2 Hil,1..Cotmtry U.tiliti~es/Sleepy~o116w _ _ ... 84 . .84 5.4 54 93: ~ , ::.54 . ~ : ~ .3 • 28 Hill Country Uti]ll~es/Westwot~d.0aks Iv1I•iP 61 61 68 : 68 79 .: _ 9.1. ...3 ' ' . • ~.: 3`6 ..._ .. ,, Kamira~Subdivision..::_• ~ •:; :~: <; . ; ... .. . • 6 5 6. .. 7 .. 10 : ` , •... i~ ~ . : ~ 3 '39 Woodtrail Water Supply . ~ ~ 36 40 40 31 40 -' ; .:40' ~ .. '3 ~ . Subtotal . ~ ... 204, 207 185 177 243 2l8 . '.~..... >3 ; ~~ .. ;~;: . . - :Q • :;; .; ~ ~ . ~ ~ ~ Number.'o~Connections ~. ~ Name of V1'ater Supplier ~ x:.'1'990 . ~ : 1991 i•992::~ 1993 ~ • 1994 _ • 1995 .Region .. _. t: .. ~• (. , .. .. no: no. no... ~ ~ no. no. no. ' ~ .~: KerryillesSouth 'Area ~ ~ j : ~ ' I 4'Hill_Country UtilitiesBearPaw Ranch ~ 29 32 ~ '32' 38. ; 38I 4 5 ~ 4 18 -Hill Country Utilities/Real.Oaks Subdivision 10 ]0 ~ 10~ 10 ; ~1 5 '14 , ~ •"' 4 19 Hill Country Utilities/Four Seasons System 16 ]6 21 21 ~ •2 4 -25 :,,,. , : 4 23 Hill Country Utilities~Joodcreek Water Supply ~ 94 94 120 120 12 0 ~ .. 126 1 :4 26 Hi11:Country Utilities/Nickerson,Farms System ~ 29 29 29' 29 :33 35 ' 4 38 Kerrville South Water Company 2/3 563 56T .587 •~ , . 611. 614 649 .'::. _ ..~ 4 42 Montebello Estates Water Company 2 5 33 35 ~ 32 32 32 . : ,.. •4 " 50 Royal Oaks Water System 3 8 ' 38. 38 37 37 ~ 37 ' .4 54 Silvei•'Creek Water Supply 63 63 ~ 63 85 ~63 58 ..~~ ~ 4 58 Texas Parks ~& Wildlife Dept. l 00 100 ' ` ~ 100. 100 125 125 .:..:4 73 Verde:Park Estates Water System 25 25 . 42 35 27 4 Subtotal 967 1,007 1,060 1,125 j 1,136 1,173 . 4: Turtle. Creek Area j I3 Hill Country Utilities/Kerrville South System 170 170 170 170 . 177 j 175 ~ 5 38' Kerrville South Water Company 1/3 291 293 303 316 316 , 334 _. 5 55 Southern Hills Water System/Wiedenfeld IS ~15 15 22 22 22 S 67 The Woods Water Supply Corp. 84 68 70 .70 .68 88 5 .Subtotal 560 . .546 558 578 583. 620. 5 Kerrville.Airport~ Area ~ • . 14_ Guadalupe Heights Utility Company 250 250 215 215 ~ 220 220 6 56 Split Rock Water•Supply 23 ~ 23 23 ~ . 23 23 22 ~ 6. Subtotal 273 273 238 : 238 . 243 242 6 ~ ` Center Point. Area 3 Aqua Vista Utilities Company ~ 82 82 89. 90 90 92 ~ 7 8 Center Point I$D ~ .7 9 Hill Country Utilities/Center Point North 68 68 72 72 72 95 7 10 Center Point Watei- Works 179 " 179 . 170 :175 189 190 7 •15 Center PoinUWiedenfeld System 48 40 84 52 48. 70 7 24 Hi11 Country Utilities/Northtivest Hills 31 3I $3' 33 34 . 48 T 27 Hill Country Utilities/Pecan Valley System 20 20 24 24 26 . 26 7 37 Kerr Villa MHP 30 83 83 72 72 ~ 72 7 _ 44 Oak Ridge Estates Water. System 29 29 . 31 29 29 ~ 30. ~ 7 46 Park Place Subdivision 15 16 i 6 • 16 20 . 23 7 52 Scenic hoop Estates Water Co. 60 60 60 ~ 60 60 60 7 59 Verde Hills Water Supply Corp. 20 21 22 22 21 20 7 63 Wilderness Park 120 103 104 109 100 ~ 99 7 Subtotal 702 732 788 754 761 805 7 ~' ~, s • y r i i ~ I ~ ' ~ N umber of Connections ' ~ Name of Water Supplier 1990 -1991 1992 1993 1994 1495 Regi o n j j ~ no no. no. no.. no. np.. _ _ _ ~ ~ i i. ~ I ~ Eastern County Area ~ i ~ ~ j ZS Hi11.Country Utilities/Oak. Forest Subdivision 190 ~ 1.81 j ,181 j 181 j 181 ' ..19 9; 8 62 Westwood Park Water System ~ 6S 75 • 72 76 ~ 7S' 7 7 ~ ~ 8 ' Kendall WCID No. 1 i - ' Subtotal:. 255 1 256 253 257 25 6 276 8 Hunt: Area . 6 Canyon Spring's Water System ~ 68 68 72 89 : 97 104 9 31 Hnnt Public Scfiool _ 9 . 3S. Japonica H11s Owners Association 8 8 8 8 ~ 8 11 9 6.1_ ~isi~:Water Works.: SO 34 34 3S 3S . 44 9 72 Hurrt`Community Group WSG 37 29 29 31 31 , 31 9 Subtotal . ~ ' ~ 163 ~: 139 • 143 ~ 163 171 ~ 190 ~ 9 Remainder of County i ' 12 Del Valle Mobile Home"Park 10 10 10 ]0 IO .. 10 10 I7 Hi1TCountryMobileHomePark 1S 1S 15 1S 1S 15. : i0 " 20 Hi11:Country Ranch Estates 16 19 19 19 1'8 .19 10 45 Oic Hollow Water System - 31 31 31 31 31 31 10 47 Rancho Oaks MHl' 21 2I 18 21 24 23 10 48 Rio.Algera Homeowners Assn I ~ .10 Sl Rustie Hills Water•Company ~ 35 18 18 3S 2S 29 ~ 10 • 53 Scenic Palley Park 66 6S 71 72 • 73 73 10 S7 Texas Highway Dept. 10 64 Winderest IvII3P 24 20 20 20 ; 20 20 . 10' 6S Windwood Oaks Water System 10 11 12' 11 ~ 15 16 - ~ 10 . . 69 .Cheiry_Ridge. W~ter"Gampany 21 21 ~ 21 ~ '21 21' : 10 : . 70 ]31itiwood~MliP' •24. ~ 20 20 20 20 20 : 10 . 71 Fpresf .Oaks Ml-IP", 10 11 12 I 1 ~ 15 . 16 i 0 Subtofah• 262 262 267 286 2$7 293 1Q Total 11,962 ' 11,811 12,746 32;582 12,882 _ 13,048 .. '. " . Sovice: Texas Water Development Board and Texas Natural R esource Conservation Commissi on.. ' OOQO ,. " t .. May 16, 2008 Mr. Char]ie Hastings, Public Works Director City of Kerrville 800 Junction HWY Kerrville, Texas 78028 Re: Focused Compliance Investigation at: City of Kerrville ,Kerr County, Texas TCEQ ID No.: 1330001 Dear Mr. Hastings: On April 22, 2008, Mr. Don White of the Texas Commission On Environmental Quality(TCEQ) San Antonio Region Office conducted a "Focused" investigation oftheahove-referenced operation to evaluate compliance with applicable requil•elnents for public water supply systems. No violations were documented during the investigation. At this time, your pubic water system contniues to merit recognition as a "Superior" system. The TCEQ appreciates your assistance in this matter and your compliance efforts to ensure protection of the State's environment and the Public's health. If you or members of your staff have any questions regarding these matters, please feel free to contact Mr. Don White in the San Antonio Region Office at (210) 403-4054. Sincerely, Thomas G. Haberle Water Program Manager Team San Arrtonio Region Office TH/DC W/eg cc: (Rev. 911!00) c 0 d 0 U `t~ s.. N .~ N O ,~ :.. , . .. .. . . o ~ N •~ ~ M ~ d c- O ' Vl a 7 • .. ~ CO ti ... ~ ~, d o .. . . c ~ :... :;: ..: ... ., . .:: .: , ~ ~ ~ ~ ~ .. Q) tw+ N N M r p ~ ~ ~ ~ r ~ O ~ Z (' ~ s-- ~ . 0 }r. ~ C Q Q O O r O ~r O ~ ~ Q W G ~ © O C O ~ Z ~ ~ Q W r 3 ~ a" . O - f U U U U U W U G1 tOfj 4 N c~^ M N N N c pp~ M co N M to () ~ ~ Q -- Ut (~ ~ m CC ao M `tl' 00 m O o p o P O z ~ ~ ~ G D ~ ~ ~ ~ ~ ~ ~ ~ D ~ w ~ ~ cn ~ t ~n • m' . v . m c5 c.~ z U °' z . . U U ' ~~ ~ ~ C ~ ~ N . ~ ` G ~ ~ ~ ~ ~ ~ ~ N C p . ~ 'G ~ ~., ~ N ~ m p Q W p . p ~ .~ tl ~ 0 ~ t7 ~ ~. ~ °'. 'a N ~ ... TO ' ~JGd 31~I1121d3~1'~D J~lID . ' w. .. J . ? W~ ' ~ YOOo . .. ~MM 9B9bL5~0E8 Page 1 of 1 Jody Grinstead From: Tara La Montia [Tara.LaMontia@kerrvilletx.gov~ Sent: Wednesday, November 04, 2009 3:45 PM To: jgrinstead@co.kerr.tx.us Cc: Todd Parton Subject: Water Utility Attachments: 20091104153728279.pdf Hi Jody, Can you please see that Judge Tinley receives a copy of this? Todd Parton has asked that I forward. Please let me know if you have any questions. Thanks so much and have a great afternoon. Sincerely, ~w•ra. ~l..~cr~7owZ'aa Executive Secretary 800 Junction Highway Kerrville, Texas 78028-2215 Phone:830-792-8305 Fax:830-792-3850 email: tara.lamontia@kerrvilletx.gov ~ ^ ~ ~~~ ~y~ ~ ~. V"~~~'~ . ~,9~ 11 /04/2009 City of Kerrville Public Warks 840 Junction Highway Kerrville, Texas 78028 834.792.8318 (©} 834.896.8793 (F} scoff.Loveland@kernrilletx.gov MEl1n0~-i~DUM TO: To Whom It May Concern VIA: Charlie Hastings, Director of Public Works Stuart Barron, Water/Wastewater Manager FROM: Scott Loveland, Assistant Water/1Nastewater Manager DATE: October 29, 2009 SUBJECT. WaterUtility Certificate of~Convenier~ce and ~ecessih~ /~hplication` A certificate of convenience & necessity (CCN} is given to an entity by the State to allow it to be the supplier of a utility in a specified area. The City of Kerrville is applyir7g for a water utility CCN to include the area within the City and to extend 2 miles out from the curren# city limits. Other current CCN's are excluded from this area (refer to the attached map).. Council has initiated this process in order to: * Ensure the long-term availability of adequate water supplies for municipal purposes in Kerrville and Kerr County.. * Further develop conjunctive use of surface, ground and "aquifer stared" water within Kerrville and Kerr County, * Encourage economical growth from increased levels of water availability.. * Ensure that future developments have the capacity for proper fire flow protection. Without water, growth is limited. With the proper water supplies and conservation measures that Kerrville has to offer, positive economic impact associated with smart growth will occur. Direction for staff concerning this issue: ® Phone calls & inquires from the general. public are to be directed to Utilities Administration (~30) 792-8319 or (830) 792-8318. ® CCN questions. from developers, public water systems and other official entities are to be directed to the Public Works Director, Charlie Hastings (830) 792-8325. ~ CCN questions from the media are #o be directed to Mindy Wendele, Public Information Officer (830} 792-8343. ~ ~~ tl O O z a O (V] ~ U m~r~ W/~y~ ~ T r~ " ~ O ~8f e p L ~ L_T L Q ~O o ~ o ~ 1 0 Aa ~ ®O ~ ~\ q i ~J ~ ~ / - ' ~ ~~ / ~ ~ ~ ~ ~ ~ -. `~ _- r ~.~ ~~ i ~ • ~ ~.~. ~~ ' ~ .... _._-~ , _J ~ ,_ , _~ ~ u i i i-vim _...... .... t c ~- x= o \ ,. , ., i _ .. _ r.__._._,. 1~ /"LP ~_~ ~ ' .. ~~ F ~ ~. ~ .~ ~. r . v ~ ~i ` - °c % a _/~ __ ~v. .._ ~,~ \~ ~~ / ~; 1 / / ~\ r ~~~ ,~~ ~. r~ ~ ~, :, ~~~ .. ~~~ l~3pNHg ~ \ ~~1 i / ,, ,~ ~~,, /~, ~, %; ;~ ;~~ ~--r- ~' ; ~ a ~ ~y~~~~~, f~,-' ,. /iti 1 / / ~ , ,~.-+ 1 ~~~ s ~~ i! f \. Notice to Neighboring Systems, Landowners and Cities NOTICE OF APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) TO PROVIDE WATER UTILITY SERVICE IN KERB COUNTY To: KERB COUNTY COURT HOUSE 700 MAIN ST KERRVILLE, TX 78028 'OCT 2 ~ 2D09 The City of Kerrville has filed an application to amend CCN No. 12928 with the Texas Commission on Environmental Quality to provide water utility service in Kerr County. The proposed utility service area is to include the City of Kerrville and 2 miles from the current city limits, and is generally bounded on the north by Rocky Ridge Ranch Rd.; on the east by Stoneleigh Rd.; on the south by Ranch Rd. 480; and on the west by Indian Creek Rd. The total area being requested includes approximately 60,000 acres and 9,193 current customers. The proposed amendment affects customers and/or areas located in the following zip codes: 78028, 78010, 78025 and 78058. See enclosed map of the proposed service area. A request for a public hearing must be in writing. You must state (1) your name, mailing address, and daytime telephone number; (2) the applicant's name, application number or another recognizable reference to this application; (3) the statement, "Uwe 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 application 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 intervene 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 sufficient hearing request is received or if the Commission on its own motion requests a hearing. Only those individuals 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 scheduled. Date Notice Mailed: , 2009 If a public hearing is requested, the Executive Director will not issue the CCN and will forward the application to the State Office of Administrative Hearings (SOAR) for a hearing. If no settlement is reached and an evidentiary hearing is held, the SOAR will submit a recommendation to the Commission for final decision. If an evidentiary hearing is held, it will be a legal proceeding similar to a civil trial in state district court. If you are a landowner with a tract of land at least 25 acres or more, that is partially or wholly located within the proposed area, you may request to exclude the tract from the proposed area (or "opt out") by providing written notice to the Commission within (30) days from the date that notice was provided by the applicant. All request to opt out of the requested service area must include a scaled, general location map and a metes and bounds description of the tract of land. Persons who meet the requirements to opt out, and wish to request this option should file the required documents with the: Texas. Conu-nission on Environmental Quality Water Supply Division Utilities and Districts Section, MC-153 P. O. Box 13087 Austin, TX 78711-3087 A copy of the request to opt out of the proposed area must also be sent to the applicant. Staff may request additional information regarding your request. Si desea information en Espanol, puede llamar al 1-512-239-0200. #31512 RESOLUTION A RESOLUTION OF KERR COUNTY COMMISSIONERS' COURT REQLIESTINC THE TEYAS COMMISSION ON ENVIORNMENTAL QUALAITY (TCEQ) DENY CITY OF KERRVILLE APPLICATION NO. 36469-C AND CONDUCT A PUBLIC HEARING ON THE MATTER. WHEREAS City Council of the City of Kerrville on February 10, 2009, authorized the filing of an application with the Texas Commission on Environmental Quality (TCEQ) for a Certificate of Convenience and Need (CCN) to provide water/sewer service for an area extending two (2) miles beyond the cl>rrent corporate limits of the city into the unincorporated area of Kerr County; and WHEREAS Said application is identified as an Amendment to the city's existing CCN No. 12928, and received by TCEQ on July 28, 2009; WHERF,AS The area being requested includes approximately 60,000 acres and 9,193 current customers in zip codes 78028, 78010, 78025, and 78058; and WHEREAS There exists considerable confusion and questions among property owners within the proposed area as to the meaning of the city's intentions and its ability to deliver water and/or sewer services to any potential customers beyond its current service area; now therefo?b be it RESOLVED That Kerr County Commissioners' Court, by adoption of this Resolution does hereby request the TCEQ deny City of Kerrville's Application No. 36469 and take the necessary measures to conduct a Public Hearing, and if necessary, a Contested Case Hearing on this matter at the earliest possible time. ADOPTED THIS 9TH DAY OF NOVEMBER, 2009 I y, ounty Judge ~ ~ _ i~ ~ f`3~ H. A."Buster" Baldwin, Commissioner Precinct 1 1 ~~.__~~ 1 Illiam H. Williams, Commissioner Precinct 2 Bruce Oehler; ommissioner Precinct 4 ~"