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16-R-89 - Agreement with Cibolo Creek Municipal Authority for the installation of a leased pre-packaged sewer treatment plantRESOLUTION NO. 16 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CIBOLO CREEK MUNICIPAL AUTHORITY FOR THE INSTALLATION OF A LEASED PRE- PACKAGED SEWER TREATMENT PLANT TO EXPAND WASTE WATER TREATMENT CAPACITY AT THE WOMAN HOLLERING TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH NOW THEREFORE, WHEREAS, the City of Schertz has an executed agreement with the developers of the CrossVine development to provide waste water treatment capacity; and WHEREAS, the City of Schertz and it's waste water treatment partner, Cibolo Creek Municipal Authority have determined that the current treatment plant is approaching its maximum treatment capacity; and WHEREAS, the City of Schertz has entered into a lease agreement with A.U.C. Group LP for a pre - packaged sewer treatment plant that will double the capacity of the current plant; and WHEREAS, engineering, site work and infrastructure installation is necessary to prepare for the installation of the leased pre - packaged sewer treatment plant; and WHEREAS, Cibolo Creek Municipal Authority, the operator of the current Woman Hollering Treatment Plant is willing and prepared to conduct all necessary preparatory work for this installation in exchange for the City of Schertz reimbursing all costs incurred from this work; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IY1074 Section 1. The City Council hereby authorizes the City Manager to enter into the interlocal agreement attached in Exhibit A. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 13th day of December, 2016. CITY OF Z, TEXAS ay r, Michael R. Carpenter ATTEST: rty Secretary, Bren a ennis (CITY SEAL) 50448599.1 A -1