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RES 1697 10/15/2024J Of CIO w � 4 O 1CXXS 'IX,aO A RESOLUTION BY THE CITY OF CIBOLO, TEXAS ASSIGNING THE CITY ATTORNEYS OFFICE TO REPRESENT THE CITY OF CIBOLO IN THE SPECIAL PROJECT OF FILING THE CCN TRANSFER OF 3200 ACRES OF WASTEWATER UTILITY SERVICE AREA WITH THE PUBLIC UTILITY COMMISSION IN ACCORDANCE WITH THE SETTLEMENT AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT; PROVIDING FOR REPEAL AND SEVERABILITY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the City of Cibolo ("City") is a Texas Home Rule Municipality, as defined by applicable law, which operates a wastewater utility service to the public; and WHEREAS, the City Council finds that the City and Green Valley Special Utility District ("GVSUD") executed a settlement agreement transferring 3200 acres of service area to the City of Cibolo, Texas; and WHEREAS, the City Council finds the City of Cibolo needs to fund the design, construction, and maintenance of wastewater infrastructure to serve the approximately 3,200 acres of CCN area, and fulfill all financial obligations contained in the Mediated Settlement Agreement, including the necessity of filing of a petition to transfer the 3200 acres of CCN with the Public Utility Commission; and WHEREAS, the City Council anticipated this work to be done in its FY25 Budget, and has budgeted the necessary funds to compensate the City Attorney's office to perform this work; and WHEREAS, the City Council finds that the City Attorney's Office provides, not only a significantly reduced fee rate, but it also provides a flat rate for all work at the rate of only $175 per hour, for assignments of this type, providing Cibolo a significant value which supports it's assignment of this project to the City Attorney's Office; and WHEREAS, the City Council finds the City Attorney's Office provides the highest quality of legal representation, at the best value to the City and desires to assign this project to the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The statements set forth in and by reference in the recitals of this Resolution are true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution. SECTION 2. The City Attorney is assigned to represent the City in filing the CCN Transfer with the Public Utility Commission. SECTION 3. The City Council authorizes payment of $175 per hour to the City Attorney's Office for all work performed in connection with this action, and has budgeted to fund this expense. SECTION 4. If any section, paragraph, sentence, clause, or phrase of this Resolution shall for any reason be held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 5. This Resolution shall be and is hereby cumulative of all other resolutions of the City of Cibolo, Texas, and this Resolution shall not operate to repeal or affect any of such other resolutions except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Resolution, in which event such conflicting provisions, if any, in such other resolutions are hereby repealed. SECTION 6. The meeting at which this Ordinance passed was conducted in compliance with the Texas Open Meetings Act. SECTION 7. This Resolution shall become effective and be in full force and effect from and after the date of passage and adoption by the City Council of the City of Cibolo, Texas. PASSED AND ADOPTED BY THE CITY COUNCIL ON THE 15th DAY OF OCTOBER 2024. ATTEST: XYZ � 7 Peggy Cimics, TRMC City Secretary Mayor AS TO FORM: Hyde Kelle LLP City Attorney Page 2 of 2