13-R-40 Authoirizing legal counsel to proceed in opposing the permit application filed by Post Oak Clean Green IncRESOLUTION NO. 13 -R -40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING LEGAL COUNSEL TO PROCEED
ON BEHALF OF THE CITY OF SCHERTZ, TEXAS IN OPPOSING THE
PERMIT APPLICATION FILED BY POST OAK CLEAN GREEN, INC.
IN CONNECTION WITH A PROPOSED LANDFILL, AND OTHER
MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Carrizo formation and the adjacent Wilcox formation in Guadalupe and
Gonzales Counties (the " Carrizo- Wilcox Aquifer ") comprise one of the State of Texas's major
aquifers; and
WHEREAS, the Carrizo- Wilcox Aquifer is being developed as a major source of water
for municipal water supply for the increasing populations along the IH -35 and IH -10 corridors,
including the City of Schertz, Texas (the "City "); and
WHEREAS, Post Oak Clean Green, Inc. has filed a permit application for a proposed
landfill (the "Post Oak Clean Green Landfill "); and
WHEREAS, the area being considered as part of the Post Oak Clean Green Landfill is in
the recharge zone for the Carrizo- Wilcox Aquifer; and
WHEREAS, various water companies have plans for additional wells for production of
groundwater from the Carrizo- Wilcox Aquifer in both Guadalupe and Gonzales Counties; and
WHEREAS, the preservation of the groundwater quality and the long -term availability of
groundwater as a reliable source of public water supply are issues of immediate concern; and
WHEREAS, the proposed Post Oak Clean Green Landfill may pose a threat to both the
quality and long -term availability of groundwater upon which many residents rely as their source
of drinking water; and
WHEREAS, there is a fault line which runs through the proposed site for the Post Oak
Clean Green Landfill; and
WHEREAS, the proposed Post Oak Clean Green Landfill's proximity to many
abandoned oil and gas wells with deteriorating well casings could, with a single accident, storm
event, failure of a landfill liner, or instance of human error, have the potential to allow toxic
waste from the landfill to contaminate the Carrizo - Wilcox Aquifer; and
WHEREAS, contamination of any runoff from the proposed Post Oak Clean Green
Landfill would flow directly into Nash Creek, which flows into the Guadalupe River, and could
jeopardize public health, safety, and welfare for downstream users by polluting the drinking
water supply, making the water unsafe for recreation and domestic animal use, as well as
wildlife, and causing costly shutdowns of residential and industrial users of the river's water
supply; and
WHEREAS, the Texas Commission on Environmental Quality has issued an initial
determination that the first two parts of the application for the Post Oak Clean Green Landfill are
not fatally defective; and
WHEREAS, the Schertz- Seguin Local Government Corporation (the "SSLGC ") opposes
the granting of a permit for the Post Oak Clean Green Landfill; and
WHEREAS, it would be beneficial to the SSLGC's position against the Post Oak Clean
Green Landfill to be joined in that opposition by the SSLGC's member cities, including having
the member cities file protesting documents as independent parties; and
WHEREAS, the City is a member city of the SSLGC; and
WHEREAS, Patrick W. Lindner, as Counsel for the SSLGC, can provide, without
conflict, counsel to the City with little or no additional cost to the City; and
WHEREAS, the City staff of the City has recommended that (1) the City formally join
the opposition to the Post Oak Clean Green Landfill by participating in the legal process,
including a request for a contested case hearing; and (2) the City engage Patrick W. Lindner with
Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the permitting
of the Post Oak Clean Green Landfill; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
(1) formally join the opposition to the Post Oak Clean Green Landfill by participating in the legal
process, including a request for a contested case hearing; and (2) engage Patrick W. Lindner with
Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the permitting
of the Post Oak Clean Green Landfill.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby finds that it is in the City's best interest to
formally join the opposition to the Post Oak Clean Green Landfill by participating in the legal
process, including a request for a contested case hearing.
Section 2. The City Council hereby authorizes the engagement of Patrick W. Lindner
with Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the
permitting of the Post Oak Clean Green Landfill.
Section 3. 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 4. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution 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.
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Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 21st day of May, 2013.
CITY OF SCIJER ERAS
Michael R. Carpenter, Mayor
ATTEST:
s
T t „„.
Brenda Dennis, City Secretary
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