18-R-142 - Agreement with Green Valley Special Utility District for transfer of certificate of convenience and necessity related to the development of the parklands subdivisionRESOLUTION NO. 18 -R -142
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL
UTILITY DISTRICT FOR THE TRANSFER OF CERTIFICATE OF
CONVENIENCE AND NECESSITY RELATED TO THE
DEVELOPMENT OF THE PARKLANDS SUBDIVISION
WHEREAS, the Developer of the Parklands Subdivision has requested the transfer of
CCN territory between the City of Schertz and Green Valley Special Utility District (GVSUD);
and
WHEREAS, this transfer will provide authority to the City of Schertz to serve the
Parklands Subdivision and its residents with water and wastewater services; and
WHEREAS, the City and GVSUD desire to enter into this agreement pursuant to Section
13.248 of the Texas Water Code that allows an agreed upon transfer of CCN territory; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
transfer this CCN territory between the City and GVSUD for the provision of water and
wastewater services to the Parklands subdivision; 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 for the transfer of GVSUD CCN for the provision of water and
wastewater services to the Parklands Subdivision.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 November, 2018.
CITY OF �,QWRTZ, TEXAS
Michael R. Carpenter
ATTEST:
r
City Secretary, Brenda Dennis
50506221.1 - 2 -
This Texas Water Code § 13.248 — Retail Water and Sewer Certificate of Convenience and
Necessity Service Area Transfer Agreement between the City of Schertz and Green Valley Special Utility
District (the "Agreement ") is entered into this day of , 2018, by and between the CITE' OF
SCIIERTZ, a Texas home rule municipality (hereinafter "Schertz "), and GREEN VALLEY SPECIAL,
UTILITY DISTRICT, a special utility district, created pursuant to Chapter 65 of the Texas Water Code
(hereinafter "Green Valley ") (Schertz and Green Valley, collectively; hereinafter referred to as "Parties" or
in the singular as "Parry "), with respect to the boundary lines of the Certificates of Convenience and
Necessity (hereinafter "CCN's ") held by each for the provision `off water and sewer services to users
pursuant to the Texas Water Code.
WHEREAS, Schertz is the holder of water CCN #10645, for the provision of retail water service to certain
areas in and about Bexar, Comal, and Guadalupe County, in the state of Texas, the boundaries of which
are more fully described in Exhibit "A" attached hereto;
WHEREAS, Schertz is the holder of sewer CCN #20271, for the provision of retail sewer service to certain
areas in and about Bexar, Comal, and Guadalupe County, in the state of Texas, the boundaries of which are
more fully described in Exhibit `B" attached hereto;
WHEREAS, Green Valley is the holder of water
certain areas in and about Bexar, Comal, and Gu
fully described in Exhibit "C" attached hereto;
WHEREAS, Green Valley is the holder of sewer
certain areas in and about Bexar, Comal, and Gu,
fully described iii Exhibit "D" attached hereto; ,
for the provision of retail water service to
Texas, the boundaries of which are more
943, for the provision of retail sewer services to
ounty, Texas, the boundaries of which are more
WHEREAS, The parties agree to the.modification of Green Valley's Water CCN #10646 and Sewer CCN
#20943 boundaries to exclude the Green Valley's CCN areas described below as Water Parcel and Sewer
Parcel and4iiinsferred and erico passedwvithin Schertz Water CCN #10645, and Schertz Sewer CCN
#20271.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Schertz and Green V' ley hereby agree as follows:
1. Schertz is the owner and holder of water CCN #10645, the boundaries of which are more fully
described in Exhibit "A" attached hereto.
2. Green Valley is the owner and holder of water CCN #10646, the boundaries of which are more
fully described in Exhibit "C" attached hereto.
3. There currently exists an 60.78 -acre parcel of property (herein after the "Water Parcel ") northwest
of the intersection of Green Valley Road and Engel Road in Guadalupe County, located within the
boundaries of CCN # 10646 and adjacent to the boundaries of CCN # 10645, such boundaries more
fully described in Exhibit "E" attached hereto.
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4. Schertz is the owner and holder of sewer CCN #20271, the boundaries of which are more fully
described in Exhibit "B" attached hereto.
5. Green Valley is the owner and holder of sewer CCN 420943, the boundaries of which are more
fully described in Exhibit "" attached hereto. '
6. In addition to the 60.78 -acre Water Parcel, there currently exists a 113.89 -acre undeveloped parcel
of property (hereinafter, the "Sewer Parcel ") northeast of the intersection of Eckhardt Road and
Frobese Road in Guadalupe County, commonly known as the Parklands Subdivision, located
within the boundaries of CCN #20943 and adjacent to the boundaries of #20271 such boundaries
more fully described in Exhibit "I+" attached hereto.
7. The Sewer Parcel is within Green Valley Sewer
8. The Water Parcel is within Green Valley CCN
9. In accordance with Texas Water Code Section 13.248, but at all times subject to the approval by
the Public Utilities Commission ( "PUC ") and the United States Department of Agriculture, Rural
Development ( "USDA "), Green Valley hereby agrees to the modification of the boundaries of its
CCN # 10646 and CCN 420943 to exclude the area contained within the Water Parcel, such area to
be transferred from Green Valley's CCN #10646 to be enc6invassed with the Schertz CCN #10645,
and area contained within the Sewer Parcel, such area tobe transferred from Green Valley's CCN
#20943 to be encompassed with the Schertz CCN #20271.Schertz shall bear no costs or
responsibility of obtaining PUC and USDA approval of this Agreement, while Green Valley shall
bear the responsibility of, obtaining PUC and USDA approval: Schertz and Green Valley shall
authorize the Parklands Subdivision Property,Owner ("affected °developer") to bear the cost of
obtaining PUC approval of.this Agreement and-the affected developer has agreed to do so as
evidenced by the,signature below.
10. As' soon as practicable 'upori' receipt of confirmation of the releases from USDA, the affected
developer shall be responsible for preparing`and filing the appropriate application to obtain the
PVC's approval of the CCN property transfer from the Green Valley's CCN to the Schertz' CCN.
The affected developers shall als6'be responsible for the preparation of the hard copy maps with
supporting, electronic metadata for the CCN property transfer that satisfies the PUC rules.
11. In accordance With the Texas Water Code Section 13.248, but at all times subject to the approval
by PUC, Schertz hereby agrees to the expansion and modification of the boundaries of its CCN
#10645 and CCN #20271 to include the area contained with the Water Parcel and Sewer Parcel,
such area to be transferred from Green Valley's CCN #10646 and CCN #20943 to now be
encompassed within the Schertz water and sewer CCNs.
12. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and
Green Valley in conjunction with such transfer.
13. Schertz agrees that, upon approval of the revisions to its CCN boundaries by the PUC to include
the Water Parcel and Sewer Parcel within the boundaries of CCN # 10645 and CCN #20271, Green
Valley shall have no further obligation to provide retail water service to these properties, and that
Schertz shall be solely responsible for the provision of retail water service to the owners and
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occupants of the Water Parcel and Sewer Parcel under such terms and conditions as are allowed
under its CCN and any applicable governmental statutes and regulations.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS
REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN
GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY CIVIL ACTION BROUGHT TO
ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE
THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN A
COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY, TEXAS. IT IS
AGREED THAT ANY ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR
CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE
PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL "BE BROUGHT AT THE
PUC OR ITS SUCCESSOR AGENCY. THIS AGREEMENT IS SUBJECT TO AND WILL BE
INTERPRETED IN ACCORDANCE WITH THE CONSTITUTION AND LAWS QF THE UNITED
STATES OF AMERICA AND THE STATE OF TEXAS, TILE TEXAS WATER CODE, AND ORDER
RULES, AND REGULATIONS OF "GOVERNMENTAL BODIES AND OFFICERS HAVING
JURISDICTION.
Any notice to be given hereunder by any party to the other parties shall be in writing and may be effected
by certified mail, return- receipt requested, facsimile of personal service.
Notice to So rtz shall be addressed to The City of Schertz, 1400 Schertz Parkway Schertz, Texas 78154,
Attn. Citv;Manaaer
Notice to Green Valley shall be- ;addressed to: Green Valley Special Utility District, P.O. Box 99
Marion, TX 78124, Attn: General kManager "
Each party may change the address' for notice to it by giving notice of such change at the last address
designated in accordance with this paragraph.
CONSTRUCTION AND SEVERABILITY
If any clause or provision of this Agreement is held invalid, illegal or unenforceable under present or future
federal, state or local laws, then and in that event it is the intent of Parties hereto that such invalidity,
illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of
this Agreement shall be construed as if such invalid, illegal or unenforceable clause or provision was never
contained herein. It is also the intent of Parties hereto that in lieu of each clause or provision of this
Agreement that is invalid, illegal, or unenforceable, there be added as a part of this Agreement a clause or
provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible,
Page 3 of 8
legal, valid and enforceable.
l 1► `1► ►11 iI 17U�f.X`L[��►1
If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any
other word, clause, sentence or provision appearing in this Agreement shall be omitted herefrom, then it is
hereby declared that such omission was unintentional and that the omitted punctuation, word, clause,
sentence or provision shall be supplied by inference.
AMENDMENT
This Agreement may not be amended or terminated except by the consent of all parties and an instrument
signed by all parties to this Agreement and subject to any PUC approval
This Agreement has been jointly negotiated by
a Parry because that Party may have primarily
FM ► 1_:
This Agreement reflects the entire agreement
matter hereof and supersedes all prior and 'contempon
in connection herewith.
This Agreement may be executf
original instrument, but all of the
may be executed in any number
which when so executed and del
will constitute:one and the same
that
also must deliver a
-n Valley and will not be construed against
ibility for the drafting of this Agreement.
s hereto pertaining to the subject
and understandings of the parties
din. multiple counterparts.;. E 'ach of the counterparts will be deemed an
counterparts will constititte'one and the same instrument. This Agreement
of counterparts and by different Parties in separate counterparts, each of
vered,; will be deemed' an original, and all of which, when taken together,
nstrunent. Delivery of an executed counterpart of a signature page to this
ill be as effective as delivery of a manually executed counterpart of this
delivering an executed counterpart of this Agreement by electronic mail
,uted counterpart of this Agreement.
All captions used herein are only far�the convenience of reference and will not be construed to have any
effect or meaning as to tht Agree nent between Parties hereto.
NON - WAIVER
No course of dealing on the part of Schertz or Green Valley nor any failure or delay by Schertz or Green
Valley in exercising any right, power, or privilege under this Agreement will operate as a waiver of any
right, power or privilege owing under this Agreement.
LEGAL AUTHORITY
The person executing this Agreement on behalf of Schertz and Green Valley, represent, warrant, assure and
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guarantee that they have full legal authority to (i) execute this Agreement on behalf of Schertz and /or Green
Valley, respectively, and (ii) to bind Schertz and/or Green Valley to all of the terms, conditions, provisions,
and obligations herein contained.
al
Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement
will be heard and determined in Guadalupe County, Texas.
WHEF
Texas.
(Signatures on Next Page)
)f
XZ:
City of Schertz
By:
Name:
Title:
Page 5 of 8
2018, at
2.
This instrument was acknowledged
, with a title of
Corporation, on behalf of said corporation.
Date:
before me on this day of , 2018 by
for the City of Schertz, Texas municipal
State of Texas §
My
1 VALLEY:
State of
expires:
Talley Special Utility District
By:
Name:
Title:
Page 6 of 8
91
This instrument was acknowledged before me on this day of , 2018 by
, with a title of for the Green Valley Special Utility
District on behalf of said District.
Date:
Name:
Title:
State of 'Texas §
0
Notary Public, State
My Commission expires:
TY OWNER:
Page 7 of 8
This instrument was acknowledged before me on this day of , 2018 by
, with a title of for the Parklands Subdivision Property
Owner on behalf of said Owner.
Date:
Page 8 of 8
otary Public, State of Texas
expires: