2010R70-Creation of Comal County Water Improvement District No. 2 RESOLUTION NO. 10-R-70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING CREATION OF COMAL COUNTY
WATER IMPROVEMENT DISTRICT N®. 2 IN A PORTION OF TIIE
CITY'S CORPORATE BOUNDARIES AND ITS EXTRATERRITORIAL
JURISDICTION, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, Pursuant to Chapters 49 and 51 of the Texas Water code, Tim D. Word,
Trustee (referred to herein as the "Petitioner") has requested that the City consent to creation of
Comal County Water Improvement District No. 2 (the "District") to serve the approximately
2040 acres of land in Comal County, Texas described in the attached Exhibit A (the "Land");
and
WHEREAS, a portion of the Land (marked as "A" on Exhibit A) is located within the
corporate boundaries of the City of Schertz (the "City") and a portion of the Land (marked as
"B" on Exhibit A) is located within the extraterritorial jurisdiction of the City; and
WHEREAS, Water Code, Section 54.016 and Local Government Code, Section 42.042
provide that land within the corporate limits of a city or within the extraterritorial jurisdiction of
a city may not be included within a water control and improvement district without the written
consent of such city; and
WHEREAS, the general nature of the work proposed to be done by and within the
District is the (i) construction, maintenance and operation of a waterworks system for residential
and commercial purposes; (ii) the construction, maintenance and operation of a sanitary sewer
collection system and sewage disposal plant; (iii) the control, abatement and amendment of the
harmful excess of waters and the reclamation and drainage of overflowed lands within the
District; (iv) the financing, developing and maintaining of recreational facilities for the people in
the District; (v) the construction, acquisition, improvement, operation, or maintenance of
macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of
those roads, to the extent authorized by Article III, Section 52, of the Texas Constitution; and
(vi) such other construction, installation, maintenance, purchase and operation of such additional
facilities, systems, plants and enterprises as shall be consonant with the purposes for which the
District is organized; and
WHEREAS, the District has represented to the City that it will disannex from the District
that portion of the Land (marked as "A" on Exhibit A) that is located within the corporate
boundaries of the City no later than March 31, 201 l; and
WHEREAS, the District has represented that there is one existing residential structure
(the "Residence") in the portion of the Land marked as "B" on Exhibit A; and
WHEREAS, the District has represented to the City that, within the portion of the Land
marked as "B" on Exhibit A, it will agree that the District and the City shall each be permitted to
offer water for sale, with the District selling potable and non-potable water serving the Residence
and selling non-potable water for purposes such as agricultural and golf courses and similar land
uses, and the City selling potable water for commercial and all other residential purposes; and
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WHEREAS, the District has agreed that its right to sell any potable or non-portable water
in the area marked as "B" on Exhibit A as described in the foregoing paragraph will expire if the
District does not disannex the portion of the Land marked as "A" on Exhibit A by March 31,
2011; and
WHEREAS, the City Council has determined that, subject to the above representation, it
is in the best interest of the City to consent to creation of the District.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby consents to the creation of Comal County Water
Improvement District No. 2, a portion of which is located within the corporate boundaries of the
City and a portion of which is located within the extraterritorial jurisdiction of the City.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
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 CityCouncil, and, in particular, this Resolution is adopted in
reliance on the agreements of the District contained in the fifth, sixth, seventh, and eighth recitals
of this Resolution.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution, including but not limited to Resolution No. 10-R-50, 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 231~d day of November,, 2010.
C CHE ,TEXAS
Mayor
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ST:
City Secretary
(CITY SEAL)
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EXHIBIT A
PROPERTY DESCRIPTION
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Lone Star Tract
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0 1,750 3,500 7,000 Feet
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SubjectTrect ~ CDS/Muery Services
io• ContOUrs 3411 Magic Drive
FEMAZoneA San Antonio, Texas 78229
Roads {210)581-1111
--•.-•+-+--~-•~•~--~--*--a•-~- Railroads FEMAZoneX50D
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