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17-R-77 - Agreement Green Valley Special Utility District and Triple H Development exchange CCN related to Hallie CoveWHEREAS, the Triple H Development Corporation has requested that the City of Schertz and Green Valley Special Utility District (GVSUD) enter into an agreement to exchange boundaries of their Certificate of Convenience and Necessity (CCN) for the provision of drinking water; and WHEREAS, the location of the development is within the Schertz City Limits and within the boundaries of both the Schertz CCN and the GVSUD CCN; and WHEREAS, the City and GVSUD desire to enter into this agreement with Triple H Development pursuant to Section 13.248 of the Texas Water Code that allows an agreed upon exchange of CCN territory; and WHEREAS, the City staff believes it would be beneficial to the City of Schertz to acquire this CCN from GVSUD so that all of the Triple H Development will be within the Schertz CCN; and WHEREAS, the City Council has determined that it is in the best interest of the City to acquire this CCN territory from GVSUD and provide water service to all citizens within this proposed development; therefore, 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 enter into an agreement with GVSUD and Triple H Development for the exchange of GVSUD CCN to provide water to the Hallie Cove development for drinking water and fire protection. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 29th day of August, 2017. CITY OF RTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Ci Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 -