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Brentwood City Commission Agenda
Meeting Date: 06/14/2021  
Resolution 2021-67 - Authorizing a Service Area Agreement with Milcrofton Utility District
Submitted by: Kristen Corn, Legal
Department: Legal  

Information
Subject
Resolution 2021-67 - Authorizing a Service Area Agreement with Milcrofton Utility District
Background

In April 2018, Milcrofton Utility District filed a lawsuit against the City in an effort to establish and clarify the water service boundaries of each entity. Specifically, Milcrofton alleged that its territory included the Morgan Farms and Traditions subdivisions and that the City was serving these areas in violation of state and federal law. As part of the proposed settlement of this lawsuit, the attached service area agreement has been prepared to clarify the district boundaries. The key points of the agreement are: 
 

  1. The City will provide water service to the Morgan Farms and Traditions subdivisions located south of Split Log Road, east of Wilson Pike, and west of Ivy Crest Drive from now and in perpetuity. 
  2. The City shall have the right to provide water service to Morgan Farms and Traditions even if such subdivisions or future development in those subdivisions sits in Civil District 14 of Williamson County. 
  3. Should any parcel(s) currently in the filed plats for Morgan Farms or Traditions be subdivided, merged, or renumbered, it will not affect the parties' respective rights and obligations under this Agreement. 
  4. Milcrofton will continue to have the exclusive right to provide water service to any property it is serving as of the date of the agreement, notwithstanding any other provision of this agreement or the incorporation of such property, or any portion thereof, into the Traditions subdivision and/or the Morgan Farms subdivision in the future. 
  5. The existing boundaries of both Milcrofton and the City will remain unchanged.


The service area agreement was approved by Milcrofton's board of directors on Wednesday, May 26, 2021.  Please contact the City Attorney, the City Manager, or the Water Services Director with any questions. 

Staff Recommendation
Staff recommends approval of the accompanying resolution, which will authorize the City Manager to execute the Service Area Agreement with Milcrofton Utility District.

Fiscal Impact
Attachments
Resolution 2021-67
Service Area Agreement
Signed Resolution
Signed Agreement

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