Marquez - via Phone
White - via Phone


Friday June 27, 2003

3:30 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Docket No. 2003-0697-UCR. Meeting of the Texas Commission on Environmental Quality ("Commission") to consider an Emergency Order requiring the City of Donna ("Donna") in Hidalgo County, Texas, to continue to provide continuous and adequate water and sewer service to Victoria Palms Resort, Inc., ("VPR") pursuant to Texas Water Code Section 13.041(d)(1) and Title 30, Section 291.14(a)(1) of the Texas Administrative Code.
The Emergency Order is based on the following:
VPR is a Texas corporation doing business at 602 North Victoria Road, Donna, Texas 78537. VPR is located within the corporate limits of Donna. Donna, 307 South 12th Street, Donna, Texas 78537, is a municipal corporation that owns and operates a water utility system and a wastewater treatment and collection system in Hidalgo County, Texas. Donna holds water Certificate of Convenience and Necessity ("CCN") No. 12790 and sewer CCN No. 20825. The only water and sewer service currently available to VPR is from Donna. VPR and Donna have an ongoing dispute regarding the amounts charged for water and sewer service. VPR previously obtained a temporary restraining order from the 93rd Judicial District Court in Hidalgo County, Texas, that prohibited Donna from terminating water and sewer service; however, the temporary restraining order expired at 11:00 am on June 27, 2003.
An urgent public necessity for this emergency meeting and the Emergency Order exists, and immediate action is required because the lack of continuous and adequate water and sewer service to connections on Donna's systems creates an imminent threat to public health and safety. The emergency meeting may be held by telephonic conference call because the Commission's convening of a quorum at one location is impossible.
The authority for this teleconference emergency meeting is Texas Government Code Sections 551.045 and 551.125.
Adopt the emergency order. RM/RH. All Agree