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TCEQ adopts ALJ recommendation to create Lakeview Municipal Utility District No. 1 in Ellis County
Summary
The Texas Commission on Environmental Quality voted to adopt an administrative law judge's recommendation and create Lakeview Municipal Utility District No. 1 of Ellis County after debate over construction costs, capital-improvement fees and drainage analyses.
Chairwoman Brooke Popp and a majority of commissioners on July 15 voted to adopt the administrative law judge's proposed order and create Lakeview Municipal Utility District No. 1 of Ellis County.
The petitioners' attorney, Brian Moore of Coats Rose, told the commission the ALJ and agency staff found the proposed district would be "feasible, practicable, necessary, and beneficial," and he asked the commissioners to adopt the PFD and proposed order. "Those costs, the costs of our water supply system are included in our preliminary engineering report," Moore said, adding that per-connection estimates ranged from $7,482.67 to $7,644.86 and that Sardis' published tariff shows a capital-improvement fee of $7,500 per connection.
Opposing the petition, Ms. Albright, representing Ellis County and the city of Waxahachie, argued petitioners failed to meet the statutory burden under Texas Water Code section 54.021(b). She said the preliminary engineering report misidentified which entity would construct off-site water facilities, omitted capital-improvement fees from the petition, and understated construction obligations and costs. Ms. Albright noted evidence that a Sardis representative testified capital-improvement fees could total about $22,400,000, roughly double the $11,509,625 off-site construction cost listed in the report.
Ryan Rakowitz, counsel for the executive director, recommended the commission adopt the ALJ's proposal for decision and order, saying the record supports the ALJ's legal findings under Texas Water Code section 54.021(b. Jessica Anderson of the Office of Public Interest Counsel also told the commission OPIC supports the ALJ's conclusion that petitioners met their burden on construction cost, runoff and drainage, water quality, and justification.
After brief commissioner remarks and two additional edits to the proposed order'including a finding addressing the applicant's requests for consent and a removal of a parallel rule citation'Chairwoman Popp moved to adopt the ALJ's proposed order as revised. The motion was seconded and passed by voice vote.
The commission recorded no roll-call tally in the hearing transcript. The order adopted on July 15 incorporates the ALJ's findings as revised and concludes the petitioners met applicable statutory criteria.
