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2010R70-Creation of Comal County Water Improvement District No. 2 RESOLUTION NO. 10-R-70 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING CREATION OF COMAL COUNTY WATER IMPROVEMENT DISTRICT N®. 2 IN A PORTION OF TIIE CITY'S CORPORATE BOUNDARIES AND ITS EXTRATERRITORIAL JURISDICTION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Pursuant to Chapters 49 and 51 of the Texas Water code, Tim D. Word, Trustee (referred to herein as the "Petitioner") has requested that the City consent to creation of Comal County Water Improvement District No. 2 (the "District") to serve the approximately 2040 acres of land in Comal County, Texas described in the attached Exhibit A (the "Land"); and WHEREAS, a portion of the Land (marked as "A" on Exhibit A) is located within the corporate boundaries of the City of Schertz (the "City") and a portion of the Land (marked as "B" on Exhibit A) is located within the extraterritorial jurisdiction of the City; and WHEREAS, Water Code, Section 54.016 and Local Government Code, Section 42.042 provide that land within the corporate limits of a city or within the extraterritorial jurisdiction of a city may not be included within a water control and improvement district without the written consent of such city; and WHEREAS, the general nature of the work proposed to be done by and within the District is the (i) construction, maintenance and operation of a waterworks system for residential and commercial purposes; (ii) the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant; (iii) the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the District; (iv) the financing, developing and maintaining of recreational facilities for the people in the District; (v) the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads, to the extent authorized by Article III, Section 52, of the Texas Constitution; and (vi) such other construction, installation, maintenance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is organized; and WHEREAS, the District has represented to the City that it will disannex from the District that portion of the Land (marked as "A" on Exhibit A) that is located within the corporate boundaries of the City no later than March 31, 201 l; and WHEREAS, the District has represented that there is one existing residential structure (the "Residence") in the portion of the Land marked as "B" on Exhibit A; and WHEREAS, the District has represented to the City that, within the portion of the Land marked as "B" on Exhibit A, it will agree that the District and the City shall each be permitted to offer water for sale, with the District selling potable and non-potable water serving the Residence and selling non-potable water for purposes such as agricultural and golf courses and similar land uses, and the City selling potable water for commercial and all other residential purposes; and 50354701.1 WHEREAS, the District has agreed that its right to sell any potable or non-portable water in the area marked as "B" on Exhibit A as described in the foregoing paragraph will expire if the District does not disannex the portion of the Land marked as "A" on Exhibit A by March 31, 2011; and WHEREAS, the City Council has determined that, subject to the above representation, it is in the best interest of the City to consent to creation of the District. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby consents to the creation of Comal County Water Improvement District No. 2, a portion of which is located within the corporate boundaries of the City and a portion of which is located within the extraterritorial jurisdiction of the City. Section 2. The recitals contained in the preamble hereof are hereby found to be true, such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the CityCouncil, and, in particular, this Resolution is adopted in reliance on the agreements of the District contained in the fifth, sixth, seventh, and eighth recitals of this Resolution. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution, including but not limited to Resolution No. 10-R-50, are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 231~d day of November,, 2010. C CHE ,TEXAS Mayor 50354701.1 ST: City Secretary (CITY SEAL) 50354701.1 EXHIBIT A PROPERTY DESCRIPTION 50354701.1 A-1 Lone Star Tract , i~ ~«ea:... f,: ~N 0 1,750 3,500 7,000 Feet i r r r F r r i ! SubjectTrect ~ CDS/Muery Services io• ContOUrs 3411 Magic Drive FEMAZoneA San Antonio, Texas 78229 Roads {210)581-1111 --•.-•+-+--~-•~•~--~--*--a•-~- Railroads FEMAZoneX50D 50354701.1 A-2