Canadian River Municipal Water Authority v. City of Amarillo

517 S.W.2d 572, 1974 Tex. App. LEXIS 2784
CourtCourt of Appeals of Texas
DecidedNovember 18, 1974
DocketNo. 8467
StatusPublished

This text of 517 S.W.2d 572 (Canadian River Municipal Water Authority v. City of Amarillo) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Canadian River Municipal Water Authority v. City of Amarillo, 517 S.W.2d 572, 1974 Tex. App. LEXIS 2784 (Tex. Ct. App. 1974).

Opinion

PER CURIAM.

The basic issue involved in this appeal relates to the method of determining the distribution of the annual operation and maintenance expenses among the eleven member cities of the Canadian River Municipal Water Authority, hereinafter called “Authority,” an entity created by the Texas Legislature for the purpose of providing a municipal water supply for the various member cities. The Authority and the Cities of Plainview, Lubbock, Brownfield, Levelland, Tahoka, O’Donnell, Slaton and Lamesa, Texas, eight of the eleven member cities, defendants-appellants, have appealed from a declaratory summary judgment entered by the trial court in favor of the Cities of Amarillo, Borger and Pampa, Texas, plaintiffs-appellees, the other three member cities of the Authority. The summary judgment decreed that the operation and maintenance costs of the project should be charged against the respective member cities on the basis of a table of percentages referred to in a resolution adopted by the Authority’s Board of Directors on August 8, 1960. The appellants challenge this judgment on the grounds that the table of percentages referred to in the resolution is applicable only to the allocation of construction costs and that the operation and maintenance costs are fixed by contracts between the several member cities and the Authority whereunder each city is required to pay as its pro rata share of the total operation and maintenance costs of the project the cost of delivering water to such city. Reversed and rendered.

The suit was instituted by the Cities of Amarillo, Borger and Pampa against the Authority and the other eight cities seeking a declaratory judgment that the operation and maintenance costs were fixed on the basis of the table of percentages referred to in the August 8, 1960 resolution. Also, the plaintiff cities sought an accounting and an injunction. The Authority and the other eight cities pleaded in their answer, among other things, that such table of percentages referred only to the allocation of construction costs of the project and that it was not the intention of the parties that operation and maintenance costs be determined according to such table. Additionally, the defendant sought, by counterclaim, a declaratory judgment decreeing that the operation and maintenance costs were fixed by the contracts between the respective cities and the Authority providing that each city would pay as its share of the total operation and maintenance expenses the costs of delivering water to such city. Also, the defendants sought a money judgment against the plaintiff cities.

All parties on both sides moved for a summary judgment and the trial court severed and considered the declaratory judgment phase separately from the other aspects of the case. The court overruled the defendants’ motion for summary judgment [575]*575and granted the plaintiffs’ motion, declaring as a matter of law that the operation and maintenance costs were fixed on the basis of the table of percentages referred to in the resolution. The defendants have brought this appeal on two points of error, contending that the trial court erred in granting the plaintiffs’ motion for summary judgment and in overruling the defendants’ motion. These points will be considered together.

By way of overview, the Authority, comprising the territories of the above named eleven cities, was created pursuant to the provisions of Article 8280-154, Vernon’s Ann.Civ.St., enacted in 1953, for the primary purpose of effectuating a project to provide a municipal water supply for such member cities located in the Panhandle and South Plains of Texas. The statute provides that the Authority’s powers are to be exercised by a Board of Directors composed of representatives from the constituent cities. The Authority was authorized to enter into contracts to supply water to the cities and to contract with the United States Government to finance the construction of the physical facilities of the Authority. The whole system was to be built for the Authority with funds furnished by the United States Government with repayment by the Authority over a 50 year period out of the revenues to be collected by the Authority from sales of water services to the member cities and other water purchasers.

The statutory provisions pertaining to the functioning of the Board of Directors of the Authority and the relationship of the Board with the cities and the United States Government are, unless otherwise indicated, contained in the specified portions of Article 8280-154. The general provision in the statute governing Board action is Section 5(a) which provides:

“The Board of Directors shall perform official actions by resolution and a majority of their number shall constitute a quorum for the transaction of any and all business of the District. A majority vote of the quorum present shall be sufficient in all official actions including final passage and enactment of all resolutions, except as herein elsewhere otherwise specifically provided.”

Section 13(o) authorizes the Board of Directors of the Authority:

“To fix and collect charges and rates for water services furnished by it and to impose penalties for failure to pay such charges and rates when due, provided that such charges, rates and penalties shall be fixed only by unanimous vote of the members of the Board of Directors constituting a quorum and who are present at a regular meeting.”

Section 13(p) authorizes the Board of Directors :

“To cooperate and enter into contracts with cities . . . for the purpose of supplying and selling them surface, storm and flood water for municipal . and other useful purposes permitted by law, . . . . Any such contract may be upon such terms and for such time as the parties may agree . . No contract for the sale of water or other services by the District to any member or other city shall be entered into until approved by a majority vote at an election held in such city for the purpose, pursuant to a call therefor by its governing body in accordance with the provisions of Article 1109(e), Revised Civil Statutes of Texas, 1925, as amended. ... In the event the District shall have contracted with the United States Government or any of its agencies for a soúrce of water supply or for the furnishing of any facilities necessary or useful to the District in carrying out its purposes, any such contract entered into under authority hereof may provide that it shall continue until the District has fully discharged all obligations incurred by it under the terms of its contract with the United States Government or its agencies. . . . ”

[576]*576Section 1 of Article 1109e, V.A.T.S., authorizes each of the cities to enter into a contract with the Authority for the purpose of supplying water to such city. Such contracts must be authorized by a majority vote in an election held in such city. Section 2 of Article 1109e provides:

“Any water supply contract provided in the preceding section shall be subject to the statutory or the contractual duty of the district from time to time to revise the rate of compensation for water sold and services rendered by the district to the city under such contract so that the net revenues of the district will at all times be sufficient to enable the District to pay its operation and maintenance expense . . . .”

Section 2 further provides that where bonds secured by such contract are involved, sufficient rates are required to pay the principal and interest obligations. Section 15(e) of Article 8280-154, provides:

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Cite This Page — Counsel Stack

Bluebook (online)
517 S.W.2d 572, 1974 Tex. App. LEXIS 2784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canadian-river-municipal-water-authority-v-city-of-amarillo-texapp-1974.