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14-R-23 - Green Valley Special Utility District AgreementRESOLUTIONNO, 14 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND GREEN VALLEY SPECIAL UTILITY DISTRICT WITH RESPECT TO THE BOUNDARY LINES OF THE CERTIFICATES OF CONVENIENCE AND NECESSITY HELD BY EACH PROVISION OF WATER SERVICE TO USERS PURSUANT TO THE TEXAS WATER CODE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Green Valley is the holder of water CCN 810646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in the agreement attached hereto; and WHEREAS, the boundaries of the Schertz CCN and the Green Valley CCN are adjacent to one another; and WHEREAS,_ Schertz and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to Schertz, so that such area is removed from the Green Valley CCN and added to the Schertz CCN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Green Valley Special Utility District in substantially the form set forth in accordance with the terms of the Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and 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 City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repeated 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 18th day of March, 2014. CITY O RTZ S Mrc ael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary A (CITY SEAL) EXHIBIT A AGREEMENT BETWEEN TIIE CITY Or SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT