Resolution 2003-03
CITY OF WYLIE, TEXAS
RESOLUTION NO. cl.CD3-03 (e.")
A RESOLUTION SUPPORTING THE TERMS OF SETTLEMENT
AGREEMENTS BETWEEN THE NORTH TEXAS MUNICIPAL WATER
DISTRICT AND PROTEST ANTS REGARDING THE PERMIT
APPLICATION FOR THE MUDDY CREEK WASTEWATER TREATMENT
PLANT; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City of Wylie, Texas, and the City of Murphy, Texas, have entered into
a contract with the North Texas Municipal Water District (''NTMWD'') pursuant to which
NTMWD will permit, own, and operate the Muddy Creek Wastewater Treatment Plant ("Muddy
Creek WWTP") in order to provide wastewater treatment services for the two cities; and
WHEREAS, NTMWD has filed an application with the Texas Commission on
Environmental Quality ("TCEQ") for Texas Pollutant Discharge Elimination System ("TPDES")
Permit No. 14216-001 ("Pending Application") for the proposed Muddy Creek WWTP; and
WHEREAS, Protestants James and Rita Parker, Cliff and Pat Martin, and Darrell Blakey
and the Blakey Family (collectively "Protestants") have requested and have been granted a
contested case hearing on the Pending Application, SOAH DOCKET NO. 582-02-3742, TCEQ
DOCKET NO. 2002-0928-MWD; and
WHEREAS, the contested case hearing process on the Pending Application has
commenced and the parties are currently moving forward under a Procedural Schedule issued by
the State Office of Administrative Hearings ("SOAH") Administrative Law Judges; and
WHEREAS, NTMWD and Protestants have participated in an Alternative Dispute
Resolution ("ADR") process to address and resolve Protestants' concerns relating to the Pending
Application; and
...,_....
WHEREAS, it is the desire of the City of Wylie, Texas, the City of Murphy, Texas,
NTMWD, and Protestants to effectuate a full and complete settlement and resolution of concerns
raised by Protestants regarding the Pending Application through the execution of Settlement
Agreements ("Agreements") between NTMWD and Protestants; and
WHEREAS, the Agreements neither confirm nor deny the merits of Protestants' concerns
but rather, are executed solely to compromise and settle these disputes and to buy peace among
the parties..
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie,
Texas:
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.
2. The City supports the terms of the Agreements so long as all Agreements are
executed by all appropriate parties.
3. The City agrees that the Executive Director of the NTMWD should execute the
Agreements by his signature on each Agreement and should take such other steps
as are necessary to effectuate the intent of this Resolution.
4. 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.
5. All resolutions and parts thereof in conflict herewith are hereby expressly
repealed insofar as they conflict herewith.
6. This Resolution shall take effect immediately after passage hereof.
Duly passed and approved by the City Council of the City of Wylie, Texas, on this the 14th Day
of January 2003.
_ ATTEST:
~~
B~a Saliftfl3, City Secretary
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(Seal)
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