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HomeMy WebLinkAbout04-14-1987 Meeting. ,. • S LA PORTE WATER AUTHORITY BOARD MINUTES APRIL 14, 1987 1. The meeting was called to order at 12:10 P.M. MEMBERS PRESENT: President Cary Burnley, Vice-President Al Fields, Secretary Rick Matthews, Member Jerry Bramlett. OTHERS PRESENT: City Manager Bob Herrera, Assistant City Manager John Joerns, Authority Attorney John Armstrong, Director of Public Works Steve Gillett, Water/Wastewater Superintendent Buddy Jacobs, David Fetzer and Peter Fisher from Moroney, Beisner & Co., Inc. 2. The minutes of the meeting held April 2, 1987, were read and approved. 3. Bob Herrera spoke on the Texas Water Development Board application and restated the application procedure. Bob also reported on the meeting with Mike Marcotte of the City of Houston. Bob reported that Steve Gillett had made a good presentation and had questions on four points of the contract: 1) interest payment, 2) final amount, 3) take point, and 4) credit. On Item 3, the LPAWA will drop the credit if the City of Houston will help out on a take point on the east side of the plant. There was a motion made and seconded to allow Mr. Herrera to send the letter he presented to Mike Marcotte addressing this problem. Passed unanimously. Mr. Herrera then spoke of the take point being on the west side and that Turner Collie & Braden should have informed LPAWA of the problem. Jerry Bramlett made a motion authorizing Bob Herrera to speak to Turner Collie & Braden about their neglect in telling LPAWA of the take point on west side. Passed unanimously. • • Page Two LPAWA Minutes April 1~4, 1987 ~4. Cary Burnley reported that the Coastal Water Authority appears to not have any problem with the LPAWA using CWA right-of-way for their transmission lines. David Fetzer spoke on the bond money and that the funding would come in two phases: 1) the water treatment facility that would have no interest escrowed and the City of Houston would pay the bond rate until the facility is complete, 2) the transmission line money would have one years interest escrowed. David also spoke on the possibility of the rates being charged be sufficient to build a one year reserve in 5 years. 5. Rick Matthews made a motion to authorize Moroney Beissner to apply to the Texas Water Development Board for funding. Passed unanimously. 6. This item was covered under Item ~k4. In other business, John Armstrong reported on his meeting with Baker & Botts on the entity contracts. Everything is in order with few minor changes needed. 7. There being no further business the meeting was adjourned at 2:00 P.M. Respectfully Submitted, Rick Matthews, Secretary/Treasurer PASSED AND APPROVED: ON THE ~ DAY OF ~ , 19 g"~ r B rnley, resi en • RESOLUTION NO. ~ ,~, RESOLUTION OF THE LA PORTE AREA WATER AUTHORITY REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE SUBMISSION OF THE APPLICATION REQUESTING FINANCIAL ASSISTANCE; DESIGNATING THE OFFICIAL REPRESENTATIVE FOR EXECUTING THE APPLICATION AND APPEARING BEFORE THE TEXAS WATER DEVELOPMENT BOARD; AND FINDING THAT THE LA PORTE AREA WATER AUTHORITY CANNOT REASONABLY FINANCE ITS PARTICIPATION IN THE CITY OF HOUSTON SOUTHEAST TREATMENT PLANT AND THE APPERTINENT TRANSMISSION AND DISTRIBUTION SYSTEMS DELIVERING POTABLE WATER TO THE AUTHORITY AND CONSTITUENT ENTITIES WITHOUT ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE AMOUNT REQUESTED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF: WHEREAS, the Harris-Galveston Coastal Subsidence District (the "Subsidence District"), was created by the Legislature of Texas in 1975 for the purpose of regulating the withdrawal of groundwater from the area within the boundaries of Harris County and Galveston County in order to end subsidence which contributes to or precipitates flooding, inundation or overflow of any area within the District; WHEREAS, the Subsidence District is charged with the duty and has the power to control and prevent subsidence within its boundaries by reducing the amount of groundwater withdrawals from all wells within the Subsidence District which produce groundwater, including those owned and operated by corporations, governmental subdivisions or agencies and other organizations; WHEREAS, the City and other Participants named in Section 2.01 hereof are required by the rules and regulations of the Subsi- dence District to reduce their respective withdrawals of groundwater from their wells and replace such withdrawals with surface water which has been properly treated for domestic use; WHEREAS, the Authority was created primarily for the purpose of providing water treatment and transmission facilities necessary to serve municipal corporations, political subdivisions and others Subsidence District to reduce their respective withdrawals of ground- water from their wells and replace such withdrawals with surface water which has been properly treated for domestic use; WHEREAS, the Authority was created primarily for the purpose of providing water treatment and transmission facilities necessary to • • -2- serve municipal corporations, political subdivisions and others within an area described in Section 3 of the Act, and may provide such facilities to persons, corporations, municipal corporations, political subdivisions, and others within an area described within Section 5(b) of the Act; WHEREAS, the City of La Porte, the City of Shoreacres, the City of Morgan's Point and the Bayshore Municipal Utility District, the Authority proposes (a) acquire surface Water supplies from sources inside and outside its boundaries, (b) treat, purify, transport, distribute, contract with the City of Houston, Harris County, Texas, a municipal corporation organized and existing under the laws of the State of Texas, for the purchase of an undivided interest in the Pumping and Production Capacity of the Southeast Plant and potable surface Water from the City of Houston's Southeast Water Purification Plant (hereinafter called the Southeast Plant), in an aggregate amount sufficient to supply the estimated potable surface Water requirements of the Participants through the year 1994; and (b) (i) to purchase and construct the Water pumping, transmission, metering and all other related facilities necessary to transport potable surface Water from the Southeast Plant to the Authority and the Water distribution systems of the Participants, including the City; and (ii) to issue, sell and deliver its revenue bonds in an aggregate principal amount sufficient pay in full the costs of acquiring the Authority's share of the Southeast Plant and the transmission system and other related costs including the cost of issuing such bonds; WHEREAS, the Authority has found through investigation that the Authority cannot reasonably finance participation into the Southeast Plant and Transmission, Metering, and Distribution Facili- ties without assistance from the Texas Water Development Board; and WHEREAS, the Authority has determined that it is in the best interest of the Authority and the City of La Porte, the City of • • -3- Morgan's Point, the City of Shoreacres, and the Bayshore Municipal Utility District to apply to the Texas Water Development Board to obtain financing of the project through the sale of Texas Water Development Board funds; NOW, THEREFORE, BE IT RESOLVED BY THE LA PORTE AREA WATER AUTHORITY THAT: Section 1. That the La Porte Area Water Authority be authorized to request financial assistance from the Texas Water Development Board, according to the application appended to this Resolution as Exhibit "A", attached hereto and fully incorporated by reference herein. Section 2. That the President and the Secretary of the La Porte Area Water Authority, together with the Attorney for the La Porte Area Water Authority be authorized to sign and approve said resolution in their respective capacities. Section 3. That the General Manager of the La Porte Area Water Authority be designated as the official representative of the La Porte Area Water Authority for executing the application and appearing before the Board on all matters pertaining to the application. Currently, the General Manager of the La Porte Area Water Authority is Bob Herrera, Post Office Box 1115, La Porte, Harris County, Texas 77571. Section 4. The Board of Directors for the La Porte Area Water Authority hereby finds that the La Porte Area Water Authority cannot reasonably finance its participation in the Southeast Plant, or the transmission or distribution systems, without assistance from the Texas Water Development Board in the amount requested in the application attached as Exhibit "A". Section 5. The Authority officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Authority was posted at a place convenient to the public at the City Hall of the Authority • .` ~ for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this resolu- tion and the subject matter thereof has been discussed, considered and formally acted upon. The Authority further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This resolution shall be effective as of the date of passage hereof. PASSED AND APPROVED this the day of ~L 1987. LA PORTE AREA WATER AUTHORITY Car rnley, Pr e ATTEST: f, Rick Matthews, Secretary