21-R-67 - Water CCN Transfer from New Braunfels Utilities in the Parklands SubdivisionRESOLUTION NO. 21- R - 6 7
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING THE WATER
CCN TRANSFER FROM NEW BRAUNFELS UTILITIES IN THE
PARKLANDS SUBDIVISION DEVELOPMENT T O THE CITY OF
SCHERTZ.
WHEREAS, NBU provides retail water service under water CCN No. 10677, issued by the
Public Utility Commission of Texas ( "PUC ") to the City of New Braunfels for the provision of
retail water services to certain areas in and about Comal County and Guadalupe County, as
generally depicted in Exhibit A;
WHEREAS, Schertz provides retail water service under water CCN No. 10645, issued by the
PUC, for the provision of retail water to certain areas in and about Bexar County Comal County
and Guadalupe County, as generally depicted in Exhibit A;
WHEREAS, the boundaries of the NBU water CCN and the Schertz water CCN are adjacent to
one another in various areas;
WHEREAS, Developer has requested that NBU transfer approximately 28.96 acres of its water
CCN located within Guadalupe County along the border with Comal County, located to the west
of the intersection of the Guadalupe - Comal county line and Engel Road within the city limits of
the City of Schertz, which acreage forms the northernmost portion of Units 3B and 4 of the
"Parklands Subdivision" and is more particularly depicted in Exhibit A (the "Property ") to
Schertz, so that Schertz, which serves other portions of the Parklands Subdivision within its CCN
area, might provide retail water services to the Property;
WHEREAS, the Property, which is part of an 89.50 -acre tract out of Abstract G- A0253, John
Noyes Survey, owned by Developer that is identified as PID#165195, Guadalupe County
Appraisal District records, and depicted in Exhibit A, is currently undeveloped, and NBU does
not currently have any water connections within the Property or near the Property;
WHEREAS, Schertz currently has water connections or water facilities adjacent to, or near the
Property, including other portions of the Parklands Subdivision owned by the Developer; and
WHEREAS, NBU and Schertz are amenable to altering the boundaries of their respective CCNs
by transferring the Property contained within the boundaries of the NBU CCN to Schertz so that
the Property is removed from the NBU water CCN and added to the Schertz water CCN.
THAT:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute an
agreement with NBU in order to transfer Water CCN from NBU to the City of Schertz
in accordance with 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 27th day of July, 2021.
CITY OF SCHERTZ, TEXAS
RaV Guti ez, Mayor
ATTEST:
Brenda Dennis, City Secretary
WATER CCN TRANSFER AGREEMENT
This WATER CCN TRANSFER AGREEMENT is entered into this day of , 2021
(this "Agreement "), by and among NEW BRAUNFELS UTILITIES, a Texas municipally -owned
utility ( "NBU "), CITY OF SCHERTz, TEXAS, a municipality ( "Schertz "), and ROLLING BILLS
RANCH DEVELOPMENT, LTD., a Texas limited partnership (the "Developer," and, together with
NBU and Schertz, the "Parties "), in connection with the boundary lines of the Certificates of
Convenience and Necessity ( "CCNs ") held by NBU and Schertz for the provision of water services
to users pursuant to the Texas Water Code ( "TWC ").
RECITALS:
WHEREAS, NBU provides retail water service under water CCN No. 10677, issued by the
Public Utility Commission of Texas ( "PUC ") to the City of New Braunfels for the provision of
retail water services to certain areas in and about Comal County and Guadalupe County, as
generally depicted in Exhibit A;
WHEREAS, Schertz provides retail water service under water CCN No. 10645, issued by
the PUC, for the provision of retail water to certain areas in and about Bexar County Comal County
and Guadalupe County, as generally depicted in Exhibit B;
WHEREAS, the boundaries of the NBU water CCN and the Schertz water CCN are
adjacent to one another in various areas;
WHEREAS, Developer has requested that NBU transfer approximately 28.96 acres of its
water CCN located within Guadalupe County along the border with Comal County, located to the
west of the intersection of the Guadalupe - Comal county line and Engel Road within the city limits
of the City of Schertz, which acreage forms the northernmost portion of Units 3B and 4 of the
"Parklands Subdivision" and is more particularly depicted in Exhibit C (the "Property ") to
Schertz, so that Schertz, which serves other portions of the Parklands Subdivision within its CCN
area, might provide retail water services to the Property;
WHEREAS, the Property, which is part of an 89.50 -acre tract out of Abstract G- A0253,
John Noyes Survey, owned by Developer that is identified as PID #165195, Guadalupe County
Appraisal District records, and depicted in Exhibit D, is currently undeveloped, and NBU does
not currently have any water connections within the Property or near the Property;
WHEREAS, Schertz currently has water connections or water facilities adjacent to, or near
the Property, including other portions of the Parklands Subdivision owned by the Developer; and
WHEREAS, NBU and Schertz are amenable to altering the boundaries of their respective
CCNs by transferring the Property contained within the boundaries of the NBU CCN to Schertz
so that the Property is removed from the NBU water CCN and added to the Schertz water CCN.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby agree as follows:
CCN Transfer Agreement (NBU /Schertz) 1 DMS #278290.3
AGREEMENT:
Water CCN
1. The Parties hereby incorporate by this reference the recitals set forth above in this
Agreement.
2. In accordance with Section 13.248 of the Texas Water Code, but at all times subject to
the approval of the PUC, NBU hereby agrees to the modification of the boundaries of
its CCN No. 10677 to exclude the approximately 28.96 -acre area contained within the
Property, such area to be transferred from NBU's CCN No. 10677 to the area to be
encompassed within Schertz's CCN No. 10645.
3. In accordance with Section 13.248 of the Texas Water Code, but at all times subject to
the approval of the PUC, Schertz hereby agrees to the expansion and modification of
the boundaries of its CCN No. 10645 to include the area contained within the Property,
such area to be transferred from NBU's CCN No. 10677 to the area to be encompassed
within Schertz's CCN No. 10645.
4. NBU shall be responsible for preparing and filing the application to obtain the PUC's
approval of the CCN transfer of the Property between Schertz and NBU. NBU shall
also be responsible for hiring a third party- vendor to prepare hard copy maps with
supporting electronic metadata for the Property that satisfies the PUC rules. The Parties
hereto agree to cooperate and coordinate in seeking PUC approvals contemplated under
this agreement.
The Developer agrees to pay all the expenses of NBU and Schertz in connection with
this transfer, including, but not limited to, the following as may be applicable:
a. legal fees for NBU and Schertz;
b. PUC administrative fees, if any; and
c. fees associated with preparing hard copy maps and electronic maps with
supporting electronic metadata for the Property filed in connection with the
PUC application.
6. Schertz and NBU agree that no compensation shall be due and owing between Schertz
and NBU in conjunction with such transfer as no real or personal property of either
party is being affected by such transfer.
7. Schertz shall not commence providing retail water services for compensation to the
Developer or any retail customer on the Property until the PUC has authorized the CCN
transfer of the Property between Schertz and NBU.
8. Schertz shall not approve any documents indicating that Schertz is the retail water
services provider prior to the PUC authorizing the CCN transfer of the Property
between Schertz and NBU.
CCN Transfer Agreement (NBU /Schertz) 2 DMS #278290.3
9. Schertz agrees that, upon approval of the revision to its CCN boundaries by the PUC
to remove the Property presently within the boundaries of NBU's CCN No. 10677,
NBU shall have no further obligation to provide retail water service to the Property,
and that, upon PUC inclusion of the Property within the boundaries of Schertz's CCN
No. 10645, Schertz shall be solely responsible for the provision of retail water service
to any owner or occupant of, or customers on, the Property under such terms and
condition as are allowed under its CCN and any applicable governmental statutes and
regulations.
General Provisions
1. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED,
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 COMAL 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.
2. S_everabilit4_. In the event one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof and
this Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
3. Unintended Omission. 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 here from, 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.
4. Amendment. This Agreement shall not be amended or terminate except by an
instrument signed by all parties to this Agreement.
5. Entire At-,reement. This Agreement reflects the entire agreement among the parties
hereto pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements and understandings of the parties in connection herewith.
6. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, and all of which together shall be construed as
one and the same instrument.
CCN Transfer Agreement (NBU /Schertz) 3 DMS #278290.3
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above
written.
NEW BRAUNFELS UTILITIES,
a Texas municipal owned utility
Ian Taylor, CEO
The City of Schertz, Texas
a Texas municipality
Title:
Rolling Hills Ranch Development, Ltd.,
a Texas limited parternship
By: Rolling Hills Ranch Management, L.C.,
a Texas limited liability company,
its Sole General Partner
William W. Alston, Manager
CCN Transfer Agreement (NBU /Schertz) 4 DMS #278290.3
Exhibit A
NBU /City of New Braunfels Water CCN No. 10677
Source: PUC CCN Viewer, https:// www .puc.texas.gov /industryjwater /utilities /map.aspx (May 21,
2021).
CCN Transfer Agreement (NBU /Schertz) 5 DMS #278290.3
Exhibit B
City of Schertz Water CCN No. 10645
Source: PUC CCN Viewer, https:llwww.puc. texas. eovl industryZwater /utilitieslmap.aspx (May 21,
2021).
CCN Transfer Agreement (NBU /Schertz) 6 DMS #278290.3
Exhibit C
Developer's Property
(Approximately 28.96 acres of land to transfer to water CCN No. 10645)
PROPOSEDt 28.96 ABC.,
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Exhibit D
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