HomeMy WebLinkAbout04-14-1987 Meeting. ,. •
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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.
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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
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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
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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
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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
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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