RES 1362 05/13/2008 RESOLUTION NO. 1362
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
GUADALUPE COUNTY, TEXAS, REGARDING FIRE PROTECTION IN
THE GREEN VALLEY SPECIAL UTILITY DISTRICT SERVICE AREA.
WHEREAS, the City Council of the City of Cibolo, Guadalupe County, Texas, (the "City") is
dedicated to ensuring that all residents of the City and its extraterritorial jurisdiction have adequate fire
protection; and
WHEREAS,the Green Valley Special Utility District(tile"District")pledged to the State of Texas at
the time of the District's creation to "establish, operate, and maintain firefighting facilities to perform all
firefighting activities"within the District's service area as a condition of being granted Special Utility District
status; and
WHEREAS, the District has NOT established, operated, or maintained firefighting facilities to
perform all firefighting activities within the District's service area or assisted others in establishing or
providing such facilities or services; and
WIMREAS,the City Council is informed that the District has painted,or intends to paint each and
every fire hydrant within the District's service area black to indicate that such fire hydrants are either
inoperative or cannot provide an adequate supply of water for firefighting activities without properly testing
each individual hydrant; and
WHEREAS, such action by the District will cause confusion throughout the District's service area
and will endanger lives and property therein; and
WHEREAS, the District has reportedly told new businesses wanting to locate within the District's
service area that the District cannot provide an adequate water supply for the operation of a fire suppression
sprinkler system; and
WHEREAS, the District has refused to provide adequate water supply for the operation of a fire
suppression sprinkler system to the Schertz Cibolo Universal City Independent School District for the new
Schlather Intermediate School and thereby necessitating that the City's water infrastructure be extended into
the District's service area in order to ensure adequate water supply for a fire suppression sprinkler system to the
new school; and
WHEREAS, the City believes that the inability of the District to supply adequate water for fire
protection within the District's service area has suppressed and will suppress the economic growth of the area;
and
WHEREAS, such action taken by the District will adversely affect fire insurance premiums for
properties within the District's service area and throughout the entire City of Cibolo; and
WHEREAS, many governmental entities whose citizens are served by the District have expressed
their concerns with and opposition to the actions of the District:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, GUADALUPE
COUNTY, TEXAS,THAT:
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Section 1. The City Council hereby directs the City Manager and the City Attorney(i)to express to
the District the City Council's concern with and opposition to the District's actions;(ii)to cooperate with other
cities within the District's service area and with the three (3) counties within the District's service area in
expressing all such governments' concern(s) with and opposition to the District's actions; and (iii) if the
District is uncooperative, to investigate all options available to require the District to provide adequate fire
protection facilities or to relieve the District of its certificate of convenience and necessity or to take other
appropriate actions in order that other entities may provide fire protection facilities within the District's service
area.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,and such recitals
are hereby made a part of the 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,that 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,detennined,and declared that the meeting at which this Resolution is
adopted was open to the public and public notice of the time, date, 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 APDOPTED,this 131h day of May, 2008.
CITY OF CIBOLO, TEXAS
JiVnifer H man,Mayor
ATTEST:
/ R iy
Peggy Cimics, City Secretary
(CITY SEAL)
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