23-R-71 Southern Plant Wastewater Services and Funding AgreementRESOLUTION NO. 23-R-71
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND
THE SOUTHERN PLANT WASTEWATER SERVICES AND FUNDING
AGREEMENT.
WHEREAS, the City Council of the City of Schertz, Texas, the City of Cibolo
("Cibolo"), and the Cibolo Creek Municipal Authority ("CCMA") has previously entered into
and agreement to participate in the new regional wastewater system (the Southern Plant) that will
be owned, managed, maintained, operated, and potentially expanded by the CCMA; and
WHEREAS, the provisions of this agreement requires a written notice requirement from
the City of Cibolo on or before the 9th anniversary of the August 26', 2014 ("Effective Date");
and
WHEREAS, the City of Schertz is amenable to extending the deadline of this written
notice requirement 90 days from the 9' anniversary the Effective Date; and
WHEREAS, this notice provided for in section 4(g) of the agreement is a
commitment by Cibolo that they meet the provisions of this section and will begin the debt
service contributions on the 1 Oth anniversary of the Effective Date;
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 amend the Southern
Plant Wastewater Services and Funding 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 tg�day of 1, 2023.
CITY OF SCHERTZ, TEXAS
R p uti ez, Mayor