12-02-1997 Meeting - Laserfiche WebLink

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• LA PORTE AREA WATER AUTHORITY MINUTES December 2,1997 1. The meeting was called to order at 6:30 PM by President Jerry Bramlett. Members Present: President Jerry Bramlett and Vice President Rodney J. Etchberger Secretary Albert Fields, Member Chester Pool and Robert Roy. Members Absent: None. Others Present: Assistant City Manager John Joerns, Assistant City Manager/Finance Director JeffLitchfield, Director of Public Works Steve Gillett, Assistant Director of Public Works Buddy Jacobs. 2. The minutes from the regular meeting held October 16, 1997 were reviewed. Motion by Al Fields, seconded by Rob Roy to accept the minutes as written. Motion was unanimous. 3. Assistant City Manager John Joerns reviewed the proposed First Amendment to Cost Sharing Water Project Contract. The Amendment needs to be approved before the new agreement between the Authority and Gulf Coast Water Authority to establish the right to assign the Contract and to avoid delays associated the new Mayor and Council in Houston after January 1998. Changes between the draft Contract sent with the agenda packet and the final copy presented tonight are found in Sections 2.01, 2.03 and 3.01. Staff is concerned with Section 3.01. The second paragraph of this section will terminate the agreement if the Purchase and Sale Agreements are not executed by February 15, 1998. If all parties have not agreed by this date, the Amendment under consideration will have to be re-approved and resubmitted to Houston for consideration, negating the advantage of approval before the end of the year. Additionally, this paragraph seems to be for the benefit of GCWA and the City of Galveston, who are not parties to this agreement. Staffrecommends that paragraph two of Section 3.01 be struck from the agreement, and approved as amended. Al Fields questioned paragraph one of Section 3.01, in particular the phrase "pursuant to Section 4.01", which references a section of the proposed Purchase and Sale Agreement. Because this Agreement has not yet been finalized, this phrase should also be struck.