23-R-35 Water CCn Transfer GVSUD to SchertzRESOLUTION NO.23-R-35
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING THE WATER
CCN TRANSFER FROM GREEN VALLEY SPECIAL UTILITY
DISTRICT TO THE CITY OF SCHERTZ, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, Green Valley Special Utility District ("GVSUD") provides retail water
service under water CCN No. 10646, issued by the Public Utility Commission of Texas ("PUC") to
certain areas in and about Comal County and Guadalupe County, as generally depicted in Exhibit
A;
WHEREAS, the City of Schertz ("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, Coma] County, and Guadalupe County, as generally depicted in Exhibit B;
WHEREAS, the boundaries of the GVSUD water CCN and the Schertz water CCN are
adjacent to one another in various areas;
WHEREAS, TEXAS MULTIFAMILY CAPITAL, LLC., a Texas limited liability
company (the "Developer") has requested that GVSUD transfer approximately 22.16 acres of its
water CCN located within Comal County, located near the intersection of FM 482 and Hubertus Rd.
depicted in Exhibit C (the "Property') to Schertz, so that Schertz might provide retail water services
to the Property;
WHEREAS, the Property is being developed by Developer and is identified as
PIDs#401272, 401273, 75237, 75375 and 75246, Comal County Appraisal District records, and
depicted in Exhibit D, and is currently undeveloped;
WHEREAS, GVSUD and Schertz are amenable to altering the boundaries of then
respective water CCNs by transferring the portion of the Property contained within the boundaries
of the GVSUD CCN to the Schertz CCN so that the Property is removed from the GVSUD water
CCN and added to the Schertz water CCN; and
NOW 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 execute an
agreement to transfer the water CCN from GVSUD to Schertz as attached in Exhibit 1
("Water CCN Transfer Agreement').
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 4' day of April, 2023.
CITY OF SCHERTZ, TEXAS
- elle�
R Gu ' ez, Mayor
ATTL T:
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Sheila Edmondson, City e retary
Exhibit 1
WATER CCN TRANSFER AGREEMENT
This Water CCN TRANSFER AGREEMENT is entered into this day of
, 2023 (this "Agreement"), by and among GREEN VALLEY SPECIAL
UTILITY DISTRICT, a special utility district created pursuant to chapter 65 of the Texas
Water Code ("GVSUD"), CITY OF SCHERTZ, TEXAS a municipality ("Schertz"), and
TEXAS MULTIFAMILY CAPITAL, LLC., a Texas limited liability company (the
"Developer," and, together with GVSUD and Schertz, the "Parties"), in connection with the
boundary lines of the water Certificates of Convenience and Necessity ("CCNs") held by GVSUD
and Schertz for the provision of retail public service pursuant to the Texas Water Code ("TWC").
RECITALS:
WHEREAS, GVSUD provides retail water service under water CCN No. 10646, issued
by the Public Utility Commission of Texas ("PUC") 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 GVSUD water CCN and the Schertz water CCN
are adjacent to one another in various areas;
WHEREAS, Developer has requested that GVSUD transfer approximately 22.16 acres of
its water CCN located within Comal County along the border with Comal County, located near the
intersection of FM 482 and Hubertus Rd. depicted in Exhibit C (the "Property') to Schertz, so that
Schertz might provide retail water services to the Property;
WHEREAS, the Property is being developed by Developer and is identified as
PIDs#401272, 401273, 75237, 75375 and 75246, Coma] County Appraisal District records,
and depicted in Exhibit D, and is currently undeveloped; and
WHEREAS, GVSUD and Schertz are amenable to altering the boundaries of their
respective water CCNs by transferring the portion of the Property contained within the
boundaries of the GVSUD CCN to Schertz so that the Property is removed from the GVSUD
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:
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 and the United States Department of
Agricultural (the "USDA"), GVSUD and Schertz hereby agree to the
modification of the respective boundaries of GVSUD's water CCN No. 10646
to transfer the Property from GVSUD's CCN No. 10646 to 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 and the USDA, Schertz hereby agrees to
the expansion and modification of the boundaries of its CCN No. 10645 to
include the Property and assume all statutory and regulatory obligations with
regard to the provision of retail public water service to the Property, such area to
be transferred from GVSUD's CCN No. 10646 to the area to be encompassed
within Schertz's CCN No. 10645.
4. GVSUD 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
GVSUD, subject to Developer's obligation to reimburse GVSUD for all
reasonable costs associated with the processing of such PUC application. The
Developer 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 Texas Water Code and PUC rules. The Parties hereto agree to
cooperate and coordinate in seeking PUC approvals contemplated under this
Agreement.
5. GVSUD shall be responsible for obtaining consent from the USDA for the CCN
transfer of the Property between GVSUD and Schertz.
6. The Developer agrees to pay all the expenses of GVSUD in connection with
this transfer, including, but not limited to, the following as may be
applicable:
a. PUC administrative fees, if any;
b. fees associated with preparing hard copy maps and electronic maps
with supporting electronic metadata for the Property filed in
connection with the PUC application; and
c. all reasonable legal and consulting costs associated with preparation and
processing of the PUC CCN transfer agreement application and verifying
the accuracy of the mapping and supporting metadata.
7. Schertz and GVSUD agree that no compensation shall be due and owing
between Schertz and GVSUD in conjunction with such transfer as no real
or personal property of either party is being affected by such transfer.
8. 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 GVSUD.
9. 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 GVSUD. Contingent upon
USDA's approval for the CCN transfer of the Property between GVSUD and
Schertz and upon PUC's approval of the CCN transfer of the Property between
Schertz and GVSUD, Developer hereby agrees to pay GVSUD within thirty
(30) days after the latter of 1) approval by the USDA or 2) PUC's issuance of a
final order or other non -appealable finding, transferring the Property into the City
of Schertz's water CCN No. 10645, Forty Four Thousand Three Hundred
Twenty and 00/100 ($44,320.00).
10. Schertz agrees that, upon approval of the revision to its CCN boundaries by
the PUC to remove the Property presently within the boundaries of
GVSUD's CCN No. 10646, GVSUD 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 COMAL 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,
4869-0726-6123, v. 4
SHALL BE BROUGHT AT THE PUC OR ITS SUCCESSOR AGENCY.
2. Severability. 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 Agreement. 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. Multinle 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.
4869-0726-6123, v. 4
IN WITNESS WHEREREOF, the Parries have executed this Agreement as of the date
first above written.
GREEN VALLEY SPECIAL UTILITY DISTRICT,
a special utility district created pursuant to
chapter 65 of the Texas Water Code
I0
David P. Allen
CITY OF SCHERTZ, a Texas municipality
By:
Name:
Title:
TEXAS MULTIFAMILY CAPITAL
a Texas limited liability company
10
Title:
Exhibit A
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Exhibit B
4869-0726-6123, v. 4
Legend
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Area To Trawfer
City of Sdiertz
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Exhibit C
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CITY OF SCHERTZ
GENERAL LOCATION MAP
OVERAU TRMSFERRM AMA FROM GVSW WATER
AW SEWER CCM TO CrTYOF SCHERTZ MFER AM
$EVER CCH - FtHDE1R
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EXHIM I
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Exhibit D
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