2008R21-Fire Protection Green Valley Special Utility Dist.
RESOLUTION NO. 08-R-21
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS REGARDING FIRE PROTECTION IN THE GREEN
VALLEY SPECIAL UTILITY DISTRICT SERVICE AREA
WHEREAS, the City Council of the City of Scheliz (the "City") is dedicated to ensuring
that all residents of the City and its extraterritorial jurisdiction have adequate fire protection; and
WHEREAS, the Green Valley Special Utility District (the "District") pledged to the State
of Texas at the time of the District's creation to "establish, operate, and maintain fire-fighting
facilities to perform all fire-fighting activities" within the District's service area as a condition of
being granted Special Utility District status; and
WHEREAS, the District has not established, operated, or maintained fire-fighting
facilities to perform all fire-fighting activities within the District's service area or assisted others
in establishing or providing such facilities and services; and
WHEREAS, the City Council is informed that the District has painted, or intends to
paint, all fire hydrants within the District's service area black which indicates that such fire
hydrants are either inoperative or cannot provide an adequate supply of water for fire-fighting
activities; and
WHEREAS, such action by the District will cause confusion throughout the District's
service area and will endanger lives and property therein; and
WHEREAS, the District has reportedly told new businesses wanting to locate within the
District's service area that the District cannot provide an adequate water supply for the operation
of a fire suppression sprinkler system; and
WHEREAS, the City believes that the inability of the District to supply adequate water
for fire protection within the District's service area has suppressed and will suppress the
economic growth of the area; and
WHEREAS, such action taken by the District will adversely affect fire insurance
premiums for properties within the District's service area and throughout the entire City of
Schertz; and
WHEREAS, many governmental entities whose citizens are served by the District have
expressed their concerns with and opposition to the actions of the District.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby directs the City Manager and the City Attorney
(i) to express to the District the City Council's concern with and opposition to the District's
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actions; (ii) to cooperate with other cities within the District's service area and with the three
Counties within the District's service area in expressing all such governments' concern with and
opposition to the District's actions; and (iii) if the District is uncooperative, to investigate all
options available to force the District to provide adequate fire protection facilities or to relieve
the District of its certificate of convenience and necessity or to take other appropriate actions in
order that other entities may provide fire protection facilities within the District's service area.
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 6th day of May, 2008.
zZ~
Mayor (,..
.. ArrEST J() A ..~'"
G-
(CITY SEAL)
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