The Bartonville Town Council on Monday night agreed to a settlement with Cross Timbers Water Supply (CTWS) over the construction of a water tower to end a three year legal battle between the two entities.
According to the proposed agreement, CTWS will submit a new application to the town for a building permit to complete construction of the tower.
CTWS will make a one time payment of up to $350,000 to reimburse the town for their legal fees and indemnify the town against all future claims and liabilities arising out of the two lawsuits.
CTWS will complete an 8-inch water line loop system with fire hydrants for Stonewood Acres within five years after the completion of the water tower.
The terms of the agreement are conditional upon the issuance of a Conditional Use Permit (CUP) by the town for completion of the water tower.
The agreement was approved by a 3-2 vote, with Norma Harrington and Jim Langford casting nay votes.
Council members also voted to approve an independent water engineering study.
In August, 2010 and again in 2011, CTWS (previously known as Bartonville Water Supply Corp.) applied to the town for a permit to build the elevated water storage tank.
The Town Council voted twice to deny the water company’s request because it did not comply with Bartonville’s Town Ordinance which states that nothing above 35 feet can be built in the town.
CTWS initiated a lawsuit against the town on the basis that it is exempt from the town’s zoning ordinances and proceeded with construction of the tower.
The uncompleted 155-foot tall water tower sits on 4.7 acres at the end of I.T. Neely Rd., behind the former Stargate Sport Horses facility just west of Lantana.