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RESOLUTION 2012 - 47 R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AUTHORIZING THE FILING OF A JOINT <br />APPLICATION WITH CRYSTAL CLEAR WATER SUPPLY <br />CORPORATION AT THE TEXAS COMMISSION ON <br />ENVIRONMENTAL QUALITY TO AMEND RETAIL WATER SERVICE <br />AREA BOUNDARIES BETWEEN CRYSTAL CLEAR WATER SUPPLY <br />CORPORATION AND THE CITY OF SAN MARCOS IN CERTAIN <br />PORTIONS OF SOUTHERN SAN MARCOS; AUTHORIZING THE CITY <br />MANAGER TO ACT ON BEHALF OF THE CITY IN ALL MATTERS <br />REGARDING THE TRANSFER OR EXCHANGE OF RETAIL WATER <br />SERVICE TERRITORY, CUSTOMERS AND FACILITIES INCLUDING <br />THE EXECUTION OF ANY DOCUMENTS NECESSARY TO EFFECT <br />THE AFORESTATED TRANSACTIONS; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The City of San Marcos ( "City ") provides retail water service to customers within <br />San Marcos within its certificated service area boundaries as authorized by the Texas <br />Commission on Environmental Quality ( "TCEQ ") under a Certificate of Convenience and <br />Necessity ( "CCN ") issued by the TCEQ. <br />2. Crystal Clear Water Supply Corporation ( "Crystal Clear ") also provides retail <br />water service to customers within San Marcos under a CCN issued by the TCEQ. The City and <br />Crystal Clear wish to exchange and/or transfer certain service area, facilities and customers <br />within their respective certificated service territory to eliminate service territory overlap between <br />each other in the southern area of San Marcos. This overlap has caused inefficiency for both <br />entities and has resulted in duplication of facilities for retail water service delivery. This service <br />territory transfer will eliminate different levels of service for customers within San Marcos and <br />different water system design in these area because there will be only one retail service provider <br />in area instead of two. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The City Council authorizes the City Manager or designee to file a Joint <br />CCN application with Crystal Clear at the TCEQ to amend certificated water retail service area <br />boundaries. <br />PART 2. The City Manager is authorized to act on behalf of the City in all matters <br />related to the exchange and/or transfer of retail water service territory, facilities and customers <br />with Crystal Clear and execute all documents necessary to effect said transfer and/or exchange. <br />PART 3. This Resolution shall be in full force and effect immediately from and <br />