15-R-111 - Form of a Groundwater Lease Agreement for Cibolo Valley Local Government CorporationRESOLUTION NO. 15 -R -111
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING THE FORM OF A GROUNDWATER
LEASE AGREEMENT FOR CIBOLO VALLEY LOCAL GOVERNMENT
CORPORATION, AND OTHER MATTERS IN CONNECTION
THEREWITH.
WHEREAS, the cities of Cibolo and Schertz jointly created the Cibolo Valley Local
Government Corporation ( "CVLGC ") to investigate and identify new water development
projects for the cities; and
WHEREAS, CVLGC is a local government corporation, created and existing under the
provisions of Subchapter D of Chapter 431, Texas Transportation Code, as amended, and
Chapter 394, Texas Local Government Code; and
WHEREAS, CVLGC identified a feasible groundwater development project in Wilson
County; and
WHEREAS, CVLGC has developed a plan to produce water out of the Carrizo /Wilcox
formations in Wilson County for delivery to Cibolo and Schertz ( "Wilson County Project "); and
WHEREAS, CVLGC has worked with property owners interested in leasing
groundwater rights and /or the sale of water well sites to CVLGC for the implementation of the
Wilson County Project; and
WHEREAS, CVLGC seeks approval of the groundwater lease form attached hereto as
Exhibit A (the "Lease ") from Cibolo and Schertz so it may begin work on the Wilson County
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City hereby approves the form of the Groundwater Lease contained in
Exhibit A, attached hereto. Changes to the Groundwater Lease may be made at the discretion of
CVLGC provided the intent of the lease remains the same.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 15th day of December, 2015.
CITY OF SCHYJ rZ, TEXAS
44;, ael R. Carpenter, Mayor
ATTEST:
a Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION WATER RIGHTS
LEASE
A -1