24-R-75 Water CCN Transfer Selma and SchertzRESOLUTION NO. 24-R-75
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A WATER CCN TRANSFER
AGREEMENT BETWEEN THE CITY OF SELMA AND THE CITY OF
SCHERTZ TO AMEND CCN BOUNDARIES, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz provides retail water service under water CCN No.
10645, issued by the Public Utility Commission of Texas ("PUC") for the provision or retail
water services to certain areas in and about Bexar County, Comal County and Guadalupe
County; and
WHEREAS, the City of Selma provides retail water service under water CCN No.
11522, issued by the PUC for the provision or retail water services to certain areas in and about
Bexar County, Comal County and Guadalupe County; and
WHEREAS, the boundaries of the City of Schertz CCN and the City of Selma CCN are
adjacent to one another; and
WHEREAS, the Developer owns a 150.289 acre tract of real property within Comal
County known as Royal Manufacturing Subdivision Phase II (the "Transfer Property"); and
WHEREAS, the Developer has requested that the City of Selma transfer a portion of its
water CCN to the City of Schertz so that the City of Schertz can provide retail water services to
the Transfer Property; and
WHEREAS, the City of Selma does not currently have any water connections or water
facilities within the Transfer Property; and
WHEREAS, the City of Schertz currently has water connections or water facilities
adjacent to, or near the Transfer Property; and
WHEREAS, the City of Schertz and City of Selma are amenable to altering the
boundaries of their respective water CCNs by transferring the Transfer Property contained within
the boundaries of the City of Selma to the City of Schertz so that the Transfer Property is
removed from the City of Selma CCN No. 11522 and added to the City of Schertz CCN No.
10645.
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 the City of Selma to the City of Schertz in
substantially the form provided in the attached agreement "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 kykday of , 2024.
CITY OF EXAS
R ut' ez, Mayor
AT
Sheila Edmonds , City Secretary
"Exhibit A"
WATER CCN TRANSFER AGREEMENT
WATER CCN TRANSFER AGREEMENT
This WATER CCN TRANSFER AGREEMENT is entered into this day of , 2024 (this
"Agreement"), by and among CITY OF SCHERTZ, a Texas municipal owned utility, CITY OF
SELMA, a Texas municipal owned utility, and Schertz 312, LLC, a Texas limited liability company
(the "Developer" and, together with the City of Selma and City of Schertz, the "Parties"), in
connection with the boundary lines of the Certificates of Convenience and Necessity ("CCNs")
held by City of Selma and City of Schertz for the provision of water services to users pursuant
to the Texas Water Code.
RECITALS:
WHEREAS, City of Schertz provides retail water service under water CCN No. 10645,
issued bythe Public Utility Commission of Texas ("PUC") to the City of Schertz, for the provision
of retail water services to certain areas in and about Bexar County, Comal County and
Guadalupe County, the boundaries of which are more fully described in Exhibit A and
attached hereto;
WHEREAS, City of Selma provides retail water service under water CCN No. 11522,
issued by the PUC, for the provision of retail water to certain areas in and about Bexar County,
Coma] County, and Guadalupe County, the boundaries of which are more fully described in
Exhibit B and attached hereto;
WHEREAS, the boundaries of the City of Schertz CCN and the City of Selma CCN are
adjacent to one another;
WHEREAS, the Developer owns a 150.289 acre tract of real property within Comal
County and more particularly described in Exhibit C (the "Transfer Property").
WHEREAS, the Developer's Property is known as the Royal Manufacturing Subdivision
Phase Il;
WHEREAS, the Developer has requested that City of Selma transfer a portion of its water
CCN No. 11522 to City of Schertz so that City of Schertz can provide retail water services to
the Transfer Property;
WHEREAS, the Transfer Property is currently undeveloped and City of Selma does not
currently have any water connections or water facilities within the Transfer Property;
WHEREAS, City of Schertz currently has water connections or water facilities adjacent
to, or near the Transfer Property;
WHEREAS, City of Schertz and City of Selma are amenable to altering the boundaries
of their respective water CCNs by transferring the Transfer Property contained within the
boundaries of the City of Selma CCN No. 11522 to City of Schertz so that the Transfer Property
is removed from the City of Selma CCN No. 11522 and added to the City of Schertz CCN No.
10645; and
WHEREAS, Developer has provided to City of Schertz maps and GIS data illustrating the
Transfer Property to include with a petition to the PUC to transfer the Transfer Property from City
of Selma CCN No. 11522 to the CITY OF SCHERTZ water CCN No. 10645.
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. In accordance with Section 13.248 of the Texas Water Code, but at all times subject
to the approval of the PUC, City of Selma hereby agrees to the modification of the
boundaries of its CCN No. 11522 to exclude the Transfer Property, the same to be
transferred from City of Selma's CCN No. 11522 to the City of Schertz's CCN No.
10645.
2. In accordance with Section 13.248 of the Texas Water Code, but at all times subject
to the approval of the PUC, City of Schertz hereby agrees to the expansion and
modification of the boundaries of its CCN No. 10645 to include the Transfer
Property, the same to be transferred from City of Selma's CCN No. 11522 to the
City of Schertz's CCN No. 10645.
City of Schertz shall be responsible for preparing and filing the application to obtain
the PUC's approval of the CCN transfer of the Transfer Property between City of Selma
and City of Schertz. The Developershall be responsible for hiring a third party -vendor
to prepare hard copy maps with supporting electronic metadata for the Transfer
Property that satisfies the PUC rules. The Developer shall submit the electronic and
hard copy maps and supporting electronic metadata to City of Schertz for review
and City of Schertz shall provide electronic copies of the maps and supporting
electronic metadata to City of Selma for review.
4. The Developer agrees to pay all the expenses of City of Schertz and City of Selma
in connection with this transfer, including, but not limited to, the following:
a. legal fees for City of Schertz and City of Selma;
b. PUC administrative fees; and
c. fees associated with preparing hard copy maps and electronic maps with
supporting electronic metadata for the Transfer Property filed in connection
with the PUC application, if applicable.
5. City of Selma and City of Schertz agree that no compensation shall be due and
owing between City of Selma and City of Schertz in conjunction with such transfer
as no real or personal property of either party is contained within the Transfer
Property or is being affected by such transfer.
6. City of Schertz shall not commence providing retail water services for
compensation to the Developer or any retail customer on the Transfer Property until
the PUC has authorized the CCN transfer of the Transfer Property between City of
Selma and City of Schertz.
7. City of Schertz shall not approve any documents indicating that City of Schertz is
the retail water services provider prior to the PUC authorizing the CCN transfer of
the Transfer Property between City of Selma and City of Schertz.
8. City of Schertz agrees that, upon approval of the revision to its CCN boundaries
by the PUC to include the Transfer Property within the boundaries of CCN No.
10645, City of Selma shall have no further obligation to provide retail water service
to the Transfer Property, and that City of Schertz shall be solely responsible forthe
provision of retail water service to any owner or occupant of, or customers on, the
Transfer Property under such terms and condition as are allowed under its CCN
and any applicable governmental statutes and regulations.
General Provisions
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 AND COMAL COUNTY, TEXAS, AS APPLICABLE, 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. Severability. In the event one or more of the provisions contained in this Agreement
shall for any reason beheld 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. 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.
[The remainder of the page is intentionally left blank.]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above
written.
CITY OF SCHERTZ,
a Texas municipal owned utility
By:
S-1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above
written.
CITY OF SELMA,
a Texas municipal owned utility
By:.
S-2
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above
written.
Schertz 312, LLC
a Texas limited liability company
By: Schertz 312 Management, LLC, its manager
By: Titan Lone Star, LLC, its manager
Name: BEN F. SPENCER
Title: MANAGER
S-3
EXHIBIT 2
Current Schertz Water CCN Map
EXHIBIT 3
Current Selma Water CCN Map
EXHIBIT 4
Metes and Bounds and Preliminary Plat
DESCRIPTION, of a 141.494 acre (6,163,461 square foot) tract of land situated in the Vincente Micheli
Survey, Abstract No. 383, Comal County, Texas; said tract being all of that tract of land described as
142.096 acres in Special Warranty Deed to Schertz 312, LLC recorded in Document No. 201806024987 of
the Official Public Records of Comal, County, Texas; said 141.494 acre (6,163,461 square foot) tract being
more particularly described as follows (bearing system for this survey is based on the Texas Coordinate
System of 1983 (2011 adjustment), South Central Zone 4204, based on observations made on July 26,
2021 with a combined scale factor of 1.00014.):
BEGINNING, at a 1/2-inch iron rod with "PACHECO KOCH" cap set for the east corner of said Schertz 312,
LLC tract; said point being in the northwest right-of-way line of Union Pacific Railroad (a 100-foot- wide
right-of-way) and the south corner of that tract of land described as 83.514 acres in Special Warranty Deed
to Schertz 312, LLC recorded in Document No. 201806024955 of the said Official Public Records;
THENCE, South 61 degrees, 54 minutes, 46 seconds West, along said northwest line of Union Pacific
Railroad and the southeast line of said 142.096 acre tract, a distance of 2,601.87 feet to a 1/2-inch iron rod
with "CUDE" cap found for the south corner of said 142.096 acre tract;
THENCE, North 30 degrees, 20 minutes, 38 seconds West, departing said northwest line of Union Pacific
Railroad, a distance of 1,843.02 feet to a 1/2-inch iron rod with "CUDE" cap found for the west corner of
said 142.096 acre tract;
THENCE, North 59 degrees, 36 minutes, 10 seconds East, a distance of 1,074.50 feet to a 1/2-inch iron
rod with "CUDE" cap found for an inner ell corner of said 142.096 acre tract;
THENCE, North 29 degrees, 37 minutes, 55 seconds West, a distance of 817.74 feet to a 1/2-inch iron rod
with "PACHECO KOCH" cap set for the northwest corner of said 142.096 acre tract; said point being in the
south right-of-way line of Missouri Pacific Railroad (a 100-foot wide right-of-way);
THENCE, North 60 degrees, 06 minutes, 56 seconds East, along said south line of Missouri Pacific
Railroad and the northwest line of said 142.096 acre tract, a distance of 1,514.90 feet to a 1/2-inch iron rod
with "PACHECO KOCH" cap set for the north corner of said 142.096 acre tract;
THENCE, South 30 degrees, 28 minutes, 10 seconds East, departing said south line of Missouri Pacific
Railroad and said northwest line of the 142.096 acre tract, at a distance of 40.29 feet passing a northerly
corner of said 142.096 acre tract, continuing in all a total distance of 1,132.16 feet to a 1/2-inch iron rod
with "PACHECO KOCH" cap set for an angle point;
THENCE, South 30 degrees, 16 minutes, 05 seconds East, at a distance of 175.40 feet passing a 1/2-inch
iron rod with "CUDE" cap found for the northwest terminus of Tejas Way (a 70-foot wide right-of-way), at a
distance of 420.80 feet passing a 1/2-inch iron rod with "CUDE" cap found for the southwest terminus corner
of said Tejas Way, continuing in all a total distance of 1,619.84 feet to the POINT OF BEGINNING;
CONTAINING: 6,163,461 square feet or 141.494 acres of land, more or less.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the tract described.
2022-11-16
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Dustin C. Pustejovsky Date
DUST N,C. PUSTEJ0VSKY
Registered Professional Land Surveyor No. 6690
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EXHIBIT 5
Small Scale (General Location) Map
EXHIBIT 6
Large Scale (Detailed) Map
EXHIBIT 7
Electronic Filing Index
Provided via Electronic Filing
File names:
RequestAreaPostUnionCoSchertz.shp
RequestAreaPostUnionCoSchertz.idx
RequestAreaPostUnionCoSchertz.pd
Schertz Current Water CCN.pdf
Selma Current Water CCN.pdf
13.248 Detailed Map.pdf
13.248 General Location Map.pdf
westwoodps.com
(888) 937-5150
EXHIBIT 8
Affidavit
AFFIDAVIT OF
ADDRESSING NOTICE REQUIREMENTS OF
PUBLIC UTILITY COMMISSION OF TEXAS RULE 24.256(c)(3)
STATE OF TEXAS §
COUNTY OF COMAL §
Before me, the undersigned authority, personally appeared , who,
being personally known to me, stated the following:
1. "My name is . I am over 21 years of age, of sound mind, and
capable of making this affidavit. I am personally acquainted with the facts stated in this
affidavit, and they are true and correct to the best of my knowledge.
2. I am employed as
responsibilities include
for the City of Schertz. My
3. By this affidavit, I attest that notice of City of Schertz's monthly Board Meeting held on
was timely posted on in accordance
with the Texas Open Meetings Act. I am personally aware that this notice was timely
posted."
FURTHER AFFIANT SAYETH NAUGHT.
City of Schertz
SWORN TO AND SUBSCRIBED before me on this day of , 2024
Notary Public, State of Texas
AFFIDAVIT OF
ADDRESSING NOTICE REQUIREMENTS OF
PUBLIC UTILITY COMMISSION OF TEXAS RULE 24.256(c)(3)
STATE OF TEXAS §
COUNTY OF COMAL §
Before me, the undersigned authority, personally appeared
being personally known to me, stated the following:
who,
"My name is . I am over 21 years of age, of sound mind, and
capable of making this affidavit. I am personally acquainted with the facts stated in this
affidavit, and they are true and correct to the best of my knowledge.
2. I am employed as
include
3.
for the City of Selma. My responsibilities
By this affidavit, I attest that notice of City of Selma's monthly Board Meeting held on
was timely posted on in accordance
with the Texas Open Meetings Act. I am personally aware that this notice was timely
posted."
FURTHER AFFIANT SAYETH NAUGHT.
City of Selma
SWORN TO AND SUBSCRIBED before me on this day of , 2024
Notary Public, State of Texas