HomeMy WebLinkAbout09-23-1987 Meeting~ LA PORTE AREA WATER AUTHORITY
- MINUTES
SEPTEMBER 23, 1887
1. The meeting was 'called to order at 6:10 P. N1. by President Jerry
Bramlett.
MEMBERS PRESENT: President Jerry Bramlett, Secretary Claude Graves,
P~Iember Mike Wadsworth
MEMBERS ABSENT: Vice-President Rick Matthews
OTHERS PRESENT: Assistant City Manager John Joerns, Puble Works
Director Steve Gillet, Water/Wastewater Superintendent Buddy Jacobs,
Authority Attorney John Armstrong.
2. The minutes of the meeting held on September 1, 1987 were read. Motion was
made to approve minutes as read by Mike Wadsworth and seconded by Claude
Graves. Approval was unanimous.
3. John Joerns distributed copies of proposed contract with the City of
Houston for buy-in of the Southeast Water Purification Plant and the
purchase of treated water by the Authority. Authority Attorney John
Armstrong stated the changes proposed in the September 1 meeting had been
made as directed. The changes were discussed by the Board. Discussion of
metering costs by Claude Graves. Motion was made by Claude Graves to
accept and sign the contract between the City of Houston and the La Porte
Area Water Authority for cost sharing of the Southeast Water Purification
Plant. Motion was seconded by Mike Wadsworth. Approval was unanimous.
4. Authority Attorney John Armstrong stated that the Entity contracts for
purchase of treated water from the Authority were not prepared at this time
due to his inability to contact Mr. Johnson, Bond Counsel, for final review
of the proposed contracts. The contracts were discussed by the Board.
President Jerry Bramlett inquired about any difficulty on these contracts
posed by the annexation of any Entity. John Armstrong stated there would
be no difficulty. John Armstrong expressed the opinion that the General
Manager should prepare a letter to the Bond Counsel, Mr. Johnson, stating
the concern of the Board on the slow response to the Entity contracts.
John Joerns stated Mr. Herrera, General Manager, would do so. Motion was
made to table this item by Mike 4adsworth and seconded by Claude Graves.
Approval of motion was unanimous.
5. EMERGENCY AGENDA ITEM: Interim Financing
John Joerns distributed a proposal from a joint venture of the Bayshore
National Bank and La Porte State Bank on interim financing of the
operations of the Authority. Proposal was discussed by the Board.
a.
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Page Two
Minutes
September 23, 1987
John Joerns stated that the General Manager, Bob Herrera, recommended approval
of the proposal. A motion was made by Claude Graves to approve the interim
financing proposal as outlined in the letter of September 18, 1987 from the
Bayshore National Bank/La Porte State Bank and forward to the La Porte City
Council for approval. Motion was seconded by Mike Wadsworth. Approval of
motion was unanimous.
6. GENERAL MANAGERS REPORT:
John Joerns stated that the items passed this meeting would go to the La
Porte City Council .for approval Monday night September 28, 1987. La Porte
is currently undergoing a utility rate study by a consultant and the La
Porte Area Hater Authority will be included in this study. Steve Gillett
distributed a six rnonth schedule for activity on the Southeast Water
Purification Plant and water transmission lines. John Joerns stated a
matrix would be prepared to track all contracts also. President Jerry
Bramlett requested status of use of Coastal Water Authority. Steve Gillett
stated a metes and bounds survey should begin approximately October 1, 1887
after City Council approval of the surveying contract with Baseline
Corporation on September 28, 1987.
7. PRESIDENT"S REPORT:
No additional report other than to request the General Manager to prepare a
letter to the Band Counsel as disscussed earlier.
CONTRACTS SIGNED THIS MEETING:
1. Engineering contract with Espey-Huston
2. City of Houston Water Purchase and Buy-in Contract
3. Letter of commitment for financing Engineering and Development costs
8. There being no further business, the meeting was adjourned at 7:15 P.M.
Respectfully Submitted,
Claude Graves
Secretary/Treasurer
PASSED AND APPRO~rED:
ON THIS ~ DAY v
19 g~
Jerry\~~~t`~, Presiden
SEPTEP1BEH 21 , 1987
CITY OF HOUSTON, TEXAS
LA PORTE AREA WATER AUTHORITY
COST SHARING WATER PROJECT CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
This cost sharing water project contract (the "Contract") made and
entered into as of the date last specified by and between the CITY OF
HOUSTON, Texas, a municipal corporation which is situated and has its
principal office at City Hall, Houston, Harris County, Texas
(hereinafter called "Houston"), and the LA PORTE AREA WATER AUTHORITY,
a conservation district and political subdivision of the State of Texas
which is situated in and has its principal office at City Hall, La
Porte, Harris County, Texas (hereinafter called "the Authority"). .•
W I T N E S S E T H:
WHEREAS, both 1Houston and the Authority desire to proceed
expeditiously with the acquisition and construction of certain raw
surface water transmission facilities, surface water treatment
facilities, treated water storage facilities and pumping facilities
otherwise known as the Southeast Water Purification Plant (the
"Project"), to serve both Houston and the Authority, and
~:..
WHER£A.S, because of the plans of the Authority to~supplq ezia?t#ng
and future treated water needs and the plans of Houston to supplq
existing and future treated water needs, it is deemed and hereby found
to be more efficient and cost-effective for both Houston and the
authority to jointly finance the construction and operation of thQ
Project; and .
WHEREAS, the joint construction and the operation of the Project
by-means of this Contract will facilitate needed water supplies to
serve both Houston and the Authority, and will help alleviate area
subsidence problems; and
NOW, THEREFORE, Houston and the Authority hereby agree to cost
sharing for the construction and operation of the Project under the
terms and conditions and for the considerations hereinafter set forth
as follows, to-wit:
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ARTICLE I
DEFINITIONS
1.01 "Actual Construction Cost" for the Project is the total
construction cost of the Project and includes such items as the
following whether incurred prior to or after execution of this
Contract: (a) the actual cost to Houston of the engineering and
consulting services reasonably required for the preliminary engineering
and design of the Project; (b) the actual cost of engineering services,
inspection services and other consultant services reasonably required
for the construction phase of the Project; (c) the actual cost of all
contract and other payments for construction and acquisition of
- equipment and materials for the Project; and, (d) the actual costs of
land, easements, rights-of-way, property and persons, administrative,
auditing and legal expenses associated with the construction of the
Project, including an imputed cost when such services are performed by
employees of Houston.
- It is expressly understood that Actual Construction Cost shal.l-~not
include expenses associated with financing the Project which expenses
are to be borne by the party incurring them or as hereafter otherwise
'~~`~' provided. It is further expressly understood that the Authority xill
not be charged as part of the Project Construction Cost, the cost of
any obligation or liabilities incurred as a result of negligent acts or
omissions on the part of Houston, its employees or agents in the
.construction of the Project.
1.02 "Actual Production Constrnetivn boat" is tht !lctnal
Construction Cost of the Project less the Actual Pumping Construction
Cost.
1.03 "Actual Pumping Construction Cost" is the total
"~ construction cost of treated water storage and treated Water--pg
- ~' '"`".~facil3ties associated with the Project. ..
1.04 "Billing Period" means a three (3) month period ea~ng
at 8:00 o"clock a.m. on the first day of October, January, April and
July or such other three month periods mutually agreeable to the
..Director and the Authority.
1.05 The term "CIWA" means the Coastal Industrial Water
Authority whiek~ name has been subsequently changed to "CWA" (Coastal
Water Authority), and the terms are used interchangeably herein.
1.06 "Demand Allocation Factor" is the percentage of the
Production Capacity which a participant (either Houston or the
Authority, or any other participant defined by separate contract) is
entitled to use at any given time.
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The initial Demand Allocation Factor for each participant will be
a percentage equal in proportion to the part of that amount of Actual
Production Construction Cost paid by that participant divided by the
total Actual Production Construction Cost. The actual percentage for
the Authority is specified in Section 2.01. The sum of the Demand
Allocation Factors of the total number of all entities who have
executed a cost sharing water Project contract for the Southeast Water
Purifications Plant, together with the demand allocation factor of the
City of Houston, at any given time shall always total one hundred
percent (100) .
1.07 "Excess Production Fee" is the rate to be charged to the
Authority for use of production capacity above the Authority"s share of
committed capacity from the Project and shall be payable as set forth
in Section 4.05 herein.
1.08 "Excess Pumpage Fee" is the rate to be charged to the
Authority for use of pumping facilities associated with the Project in
excess of the Authority"s share of committed capacity for the Project
and shall be payable as set forth in Section 4.05 herein.
1.09 "Houston Director" means the Director of the City of
~~'~•- Houston"s Department of Public Works and Engineering or any, other
person designated by such Director. Any notice by the Director of an~
alternate designation or of a revocation of an alternate designation
shall be in writing and delivered to the Authority pursuant to the
notice provisions herein.
1.10 The'term *initial" when used in tfiis Contract refers to
that phase of the Project in which the Project has a maximum production
capacity of 80 MGD and a maximum pumping capacity of 225 MGD expressed
as a peak hour pumping rate.
_' _ 1.11 "Major Replacement" means any single repair or
_` ~ ``~r~lace~eut for the Project requiring the expenditure of ~~OQ,D40.D1f Ar
wore _ . ,
1.12 "MGD" is an abbreviation for "million gallons of water
per day." As used in this Contract "MGD" refers to a quantity of Mater
-: _ during a period of time expressed for convenience in terms of an
_ average daily quantity during a calendar month (unless a different.
•period of time is specified).
1.13 "0 & M" is an abbreviation for operations and
maintenance.
1.14 "Participant" used in lower case means Houston, the
Authority, and all other entities which at any given time have executed
a cost sharing water project contract relating to the Southeast Water
Purification Plant. The term "party" means either or both Houston and
the Authority.
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1.15 "Authority Director" means the City Manager of the City
of La Porte, or any other person designated by the Authority. Any
notice by the Authority of an alternate designation or revocation of
designation shall be in writing and delivered to Houston pursuant to
the notice provisions herein.
1.16 "Point of Delivery" shall mean the point at which
treated surface water produced by the Project is supplied to the
Authority as shown in the attached Exhibit "A". The Point of Delivery
shall include primary measuring equipment, valves, backflow prevention
devices, devices to physically constrict the rate of flow of water to
the Authority to an amount equal to the product of the Pumping
Allocation Factor for the Authority times the Pumping Capacity for the
Project, piping, a proper vault and such other items as are necessary
in the judgment of the Houston and the Authority Director. The Point
of Delivery shall also include a bypass and a bypass meter unless the
Authority specifically requests in writing that these items be omitted.
1.17 "Production Capacity" means the maximum rate of
production of water from the Project. The initial production capaei~ty
of the Project equals 80 MGD.
1.18"Production 0 & M Expense" for a Billing Period means a•sum of
. .. money computed according to the following formula:
Production 0 & M Expense (A x C) + (A x D)
B E
Zn the foregoing formula:
"A" is the number of gallons of treated potable water produced by
the Project and delivered to the Authority at its Point of
Delivery during the given Billing Period.
_ - - "B." is the total number of gallons of treated potable watet'..'~' - :-
,.. praduced by the Project during the given Billing i'eriod-.
"C" is the total Houston expenditure during the given billing
period far the operation and maintenance of the Project;
(including reasonable imputed costs for services of Houston
employees as well as costs of fire insurance), and excluding >yhose
operations and maintenance costs used to compute the Pumping 0 & M
Expense and also excluding expenditures for the sale of bonds,
notes, .and other evidence of indebtedness issued for capital
purposes.
"D" is the total Houston expenditures for the operation,
maintenance and debt service for the raw water storage and
transmission facilities during the Billing Period.'
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"E" is the total amount of water sold to Houston water customers,
that is diverted from the Trinity River into the CWA Main Canal
during the given Billing Period. As defined herein "E" includes
such raw water received at Houston water treatment plants
receiving Trinity River water through the Main Canal as well as
the billable quantity (including take-or-pay amounts as
applicable) taken by Houston raw water ^ustomers, but excludes
line loss by evaporation, leakage, etc.
1.19 "Project" is described by Exhibit "B," which is attached
hereto and incorporated herein by reference.
1.20 "Pumping 0 & M Expense" for a given Billing Period means
a sum of money computed according to the following formula:
Pumping 0& M Expense - A x C
B
In the foregoing formula:
"A" is the total gallons of water delivered from the Project to
the Authority at the Point of Delivery during the given Billing ;
Period.
"B" is the total gallons of water pumped by the Project Pumping
facilities during the given Billing Period.
.."C" .is-the .total Eonston ex~endi.Tcnre -.for the pum~.ing arir! treated
water storage facilities portion of the Project (including
reasonable imputed costs for services of City of Houston employees
as well as costs of fire insurance) less expenditures for the sale
of bonds, notes and other evidences of indebtedness issued for
capital purposes for the Project.
~ •.- ~ `` ~~ 1 .21 "Pumping Allocation Factor" is the perc.~tage of tit •°
_ J pumpi.ag and related treated water storage capacity whiea i -
party (either Houston or the Authority) is entitled to use at any gi~ren
time.
Tt3e initial Pumping Allocation Factor for each .party will be a
~ereentage equal in proportion to the part of-the Actual Construction
Cost of the pumping and storage facilities actually paid by that party
divided by the total Actual Construction Cost for such pumping and
storage facilities. (The actual percentage for the Authority is
specified in Subsection 2.01 hereof.) The sum of the Pumping
Allocation Factors shall always total one hundred percent (1000..,
including the Pumping Allocation factor of the City of Houston.
1.22 "Pumping Capacity" means the maximum rate of delivery of
water from the Project. The initial Pumping Capacity equals 225 MGD
expressed as a peak hour pumping rate.
5
As provided in Section 2.04 the total ultimate pumping capacity
related to the Authority under the terms of this contract shall be the
Authority"s proportionate share of the initial 225 MGD.
x•23 "Raw Water Storage and Transmission Facilities" means
Lake Livingston Reservoir and the Trinity River Channel downstream from
Lake Livingston to the CIWA Pumping Station located on the .Trinity
River north of the Redmond Community and south of the City of Liberty,
Texas; the existing line, including said CIWA Pumping Station, which is
shown on Exhibit "C" as Line A, which extends from said CIWA Pumping
Station to the connection with Line H as shown on that same exhibit;
the existing Line C as shown on Exhibit "C" which intersects Line A
near its intersection with State Highway 225 and extends westward to
its present west extremity.
1.24 "Surface Water Treatment Facilities" are those
facilities of the Project that alter the physical, chemical, or
biological characteristics of the surface water into the Project. The
surface water treatment facilities of the Project are those facilities
described above which are located upstream of the treated water storage
facilities and downstream of the raw water transmission facilities.
• 1.25 "Treated Water Pumping Facilities" are those facilities
~' located on the site of the Project which are downstream of tl~tt treated
water storage facilities located on the site of the Project and
upstream of any and all transmission or distribution pipelines which
connect the Project to Houston"s or any other participant's
distribution and transmission pipeline system.
Under no circumstances shall the term Treated Water Pumping
Facilities include any pipeline facilities belonging to Houston or any
other participant"s whether transmission or distribution, located
off-site of the Project.
•- 1.26 "Treated Water Storage Facilities" are those eater ;-
~• - .storage facilities located downstream of the surface water treata~t?
facilities of the Project and upstream of the treated water pumping
facilities of the facility.
x.27 "Trinity River Authority," hereinafter referred to as
"TRA" means that agency .which controls that portion of the raw water
storage and transmission. facility from and including Lake Livingston
Reservoir and the Trinity River Channel to the CIWA Pumping Station
located thereon and refere-need to in Section 1.23.
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ARTICLE II
CONSTRUCTION OF THE PROJECT
2.01 The Project - In General
It is understood by the parties that the Authority is buying an
equity ownership in the Project in a proportion as evidenced by a
percentage of the capital investment paid by the Authority as detailed
elsewhere in this Contract,
Houston and the Authority acknowledge and agree that Houston shall
undertake to construct the Project under the terms of this Article.
Such Project shall consist of certain raw surface water transmission
facilities and surface water treatment facilities capable of producing
approximately 80 MGD on the maximum day of treated potable water and of
certain treated water storage facilities and treated water pumping
facilities capable of storing approximately 25 million gallons of
potable water and pumping approximately 156,000 gallons per minute (on
the peak hours of demand) of treated potable water. Upon completion of
the Project as described in Section 2.05 and payment in full of ali
monies payable under Section 2.04, the Authority shall be entitled to
.,. ,. s>. an Initial Demand Allocation Factor of 5.25 percent and as Initial
- Pumping Allocation Factor of 2.33 percent.
As part of its obligations under the terms of this Contract,
- Houston shall pay its pro rata share of the cost of construction of the
Project. iiovston admits t3~at .it will seek additional parties as
participants in the c~onstrneton of the Project under separate
contracts and under terms and conditions similar to those stated
herein.
2.02 Design and Construction of the Project
`~ ~_.-li) Houston has heretofore com leted the
P design as• ~eli'~s
- the plans and specifications for the Project. In Jrx~e
of 1986, Houston awarded the principal construction
contract for the Project. The above-mentioned documents
are a public record of Houston and have been examined
and approved by the Authority.
(ii) Houston agrees to construct the Project and the
additional facilities described in Sections 1.23, 1.24
and. 1.25 in accordance with the Preliminary Engineering
Report and all-Supplements thereto prepared by Turner
Collie and Braden, Inc. and the Preliminary Engineering
Report and all supplements thereto prepared by Bovay
Engineers, Inc.
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(iii) Houston may award additional construction contracts as
necessary to complete the Project, subject to the
approval of the Authority Director. The Authority shall
have the right to review and approve construction
contracts, and estimates of the Actual Construction Cost
of such additional construction contracts subsequent to
the effective date of this agreement.
(iv) Houston may enter into appropriate agreements with the
Coastal Water Authority to provide capital financing or
construction for the surface water transmission
facilities and for the continued operations and
maintenance of the raw surface water transmission
facilities portion of the Project. The CWA contract for
the construction of Line B as depicted on Exhibit "C"
awarded in June 1987, is a public record of CWA and
has
_
been reviewed and approved by the Authority.
(v) Houston shall be responsible for obtaining all permits
~~ and approvals of local, state or federal authorities .for
construction and operation of the Project.
• (vi) Houston warrants that it has good and marketable title
to the real property constituting the premises aa~zarhich
the Project will be constructed and that same is free
and clear of any liens, encumbrances, taxes or other
obligations or amounts due.
_ ~ 2.03 Review of tfie Construction of the Frojeet and Facilities
by the Authority.
(i) During all working hours of the construction period, the
Authority Director and anyone authorized by him shall
have access to the Project premises and mag inspect or
•~-
~ :
review the Project and all engineering s~ecificz~.iana
. _
and dacuments related to-the Project.
(ii) Any changes in the design or specifications of the
Project amounting to an increase or decrease of either
.Actual Pumping Construction Cost or Actual Produet:ion
Construction Cost amounting to Five Hundred Thousand and
No/100 ($500,000.00) Dollars shall require the approval
of the Authority Director. In no event shall additional
cost be passed on to the Authority, unless related to
water service to the Authority, and all changes
regardless of size or amount will be submitted to the
Authority Director for review.
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2.04 Payment of Project Actual Construction Costs
The Authority agrees to pay to Houston the Authority"s pro rata
share of the Actual Construction Costs of the Project. The Authority"s
Pro Rata share of the Actual Production Construction Cost shall be 5.25
percent (the initial Demand Allocation Factor) and the Authority"s
share of the Actual Pumping Construction Cost shall be 2.33 (the
initial Pumping Allocation Factor). The Authority"s pro rata share of
Actual Construction Costs is due and payable as follows:
(i) Authority shall pay to Houston ONE MILLION THREE HUNDRED
FOURTY SIX THOUSAND EIGHT HUNDRED DOLLARS ($1,34b,800)
on or before thirty (30) days folio~ing the date of the
notice from the Authority to Houston as set forth in
Section 5.17.
(ii) Houston shall invoice the Authority for payment of its
share of capital costs at the expiration of each
calendar quarter (December, March, June, September).
Each quarterly payment hereunder shall be the amount
necessary for the Authority to "catch-up" its pro rata '
contribution under this Contract. ("Catch-up" as used
• -`, herein means that the percentage of the pro rata soars
- of estimated Construction Costs paid by the part3cipaat
equals the percentage of the estimated Construction
costs paid for construction of the Project.)
- - - (iii ~ On or before the expiration of; ninety ~9tf J `dais fra~m the
date of the formal acceptance of .the completed
construction of the Project by the Houston City Council
and the Authority, the Houston Director shall cause an
accounting to be made of the Actual Construction Cost of
the Project and deliver same to the Authority.
-`• ~ ~ ~ ~'~- fiv) _ The accounting prepared by Houston shall .include an~
.-: ..
=' audit of the Actual Construction .Cost. Ttie audit :ahaii
*°~ be prepared by an independent firm~bf`certified public
accountants, and the cost therefore shall be included in
the Actual Construction Cost.
The accounting shall state the difference between the
Houston Director"s estimated .Actual Construction Cost
and the Actual Construction Cost of the Project;. the
estimated Actual Production Construction Cost and the
Actual Production Construction Cost of the Project; and
the estimated Actual Pumping Construction Costs and tfie
Actual Pumping Construction Cost of the Project. Said
accounting shall also set forth any adjustments
necessary to be made in the Authority"s pro rata share
payments between pumping and production costs.
9
In the event that the Houston Director"s estimates have
been larger than Actual Construction Costs resulting in
an overpayment by the Authority of its pro rata share,
Houston shall refund such difference to the Authority on
or before the expiration of ninety (90) days of date of
the receipt of the accounting by the Authority.
In the event that the Houston Director"s estimates have
been less than Actual Construction Costs which has
resulted in an underpayment by the Authority of its pro
rata share, the Authority shall pay such difference to
Houston on or before the expiration of ninety (90) days
of the date of the receipt of the accounting by the
Authority.
2.05 Completion of the Project
When the Project is completed and has been accepted by the Houston
City Council, Houston shall notify the Authority Director and designate
a day upon which initial operation of the Project is to begin.
Houston shall provide the Authority with full access to the •
Project and to the books and records of the Project including all
engineering reports, design specifications, change orders,
correspondence, plant accounts, construction plan accounts or any other
written document or instrument associated with or pertaining to the
.construction of.the project.
ARTICLE III
• -.;___ OPERATION AND MAINTENANCE OF THE PROJECT .,,~
-n. ~ .._ _ _ 3-v1 In General
(i) Houston and the Authority as co-owners of the Project,
understand that, except in areas otherwise specified
herein, Houston will serve as managing owner of the
construction phase of the Project and of the maintenance
and operation thereafter and shall have charge of its
business and general conduct.
(ii) The Authority shall have an interest in the conduct,
affairs and decisions of the Project in proportion to
its capital contribution. The Authority shall have the
authority to enter the Project premises.
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(iii) The Authority is willing to make capital contributions
as specified herein on the basis that Houston as
managing owner agrees to use its best efforts to assure
proper construction, operation and maintenance of the
Project and its structures, equipment and facilities and
proper conduct of all employees, agents or contractors,
to pay debts when due and conform to any federal, state
or local regulations.
(iv) The parties agree that the Authority shall be privy to
any negotiations with other participants in the Project
and all contracts with any such participant will be
submitted to the Authority for review prior to
execution. The Authority will receive notice and right
to attend all meetings between all partic~3pants during
the term of the contract.
(v) Relationship of Parties
The relationship of the parties is of a fiduciary
character. Houston is trustee with respect to the
_ Authority with respect to the operation of the Project
~''"~`~'~~ and care of all joint property specified herein. Each
party shall act in the highest good faith to~aarQ`~the•
other in conducting the operation of the Project as well
as their respective duties under this Contract. Each
- party is under obligation, on demand of the other, to
• render trne_ and , foil information anid ~ ~rformance of al i
- `matters affecting the Project and its operations under
the terms of this Contract.
(vi) Duties of Managing Owner
(a) Houston shall keep and maintain an accurate ..:
- Y_ -aooonnting system based on accepted accounting 5tan~rds
•- .~ that provides documentation of the costs of cvtistrnc~ing
- and operating the Project and separate the costs
incurred as the Authority"s allocated share. Such
records shall be maintained for a,minimum period of five
(5) years and as otherwise required by law. -Ail such
documents and records shall be available to the
Authority for inspection, copying or audit at reasonable
times, places and upon reasonable notice.
(b) Houston shall provide an adequate program to insure
that the Project is maintained in a state of repair in a
cost effective manner.
(e) Houston shall employ and supervise employees,
agents, consultants or contractors connected with the
Project in a cost effective manner by employing only
those as reasonably necessary for proper operation and
maintenance of the Project.
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3.02 Demand Allocations
(i) Each party may take water from the Project at that
party"s Point of Delivery, but neither party.®ay take
water from the Project to exceed the Production Capacity
of the Project multiplied by that party"s then-current
Demand Allocation Factor, nor may either party take
water from the Project at a rate which exceeds the
Pumping Capacity of the Project multiplied by that
party"s then-current Pumping Allocation Factor. Houston
shall monitor and control the amounts of water and the
rates at which water is taken by the .parties. The
monitor and control measures may include throttling
devices for controllers, special oper'atin$ ~r'ocedures or
other similar measures.
(ii) In the event that the Project is not being operated at
its Production Capacity or its Pumping Capacity, either
party may, with agreement of the other party"s Director
use a portion of all the unused Production Capacity or
Pumping Capacity of such other party. During a billing
period when such additional Production Capacity or
Pumping Capacity is used, the party using the .same shall
be subject to paying the Excess Production Feed"or the
Excess Pumpage Fee, or both, as the case may be. Such
fees shall be established as set forth in Section 4.05
of this Contract.
3.03 Changes is Ai3ocatian Factors
(i) In the event that Houston undertakes an expansion of the
Project, the Authority shall have the option of
increasing its Demand Allocation Factor, its Pumping
• •~~ Allocation Factor or both, by paying to Houston a sum or
'. - -- - ~_..sums of money representing an additional capital
- contribution to the cost of a future expansion of~t~
Southeast Water Purification Plant Project to increase
its Production Capacity and its Pumping Capacity.
Houston shall give one hundred fifty (150) days" advance
written notice to the Authority flf any proposed fnt~ure
enlargement or expansion of the .Project.. At-.any ~im•e
during the one hundred fifty (i50) days" notice period,
the Authority shall be authorized to give notice of
intent to enter into such agreement. Houston and the
Authority agree, in giving or responding to any such
notice, to act timely and in good faith in order to
permit an orderly enlargement or expansion of the
Project for the lowest cost reasonably obtainable
without causing undue delay.
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Provided, however, the Authority understands that the
option rights specified in this Section shall be limited
to an allocation of capacity in the expanded project
equal to or less than its then-current Demand
Allocation.
(ii) If, in order to continue supply to the Authority of
water at its Demand Allocation Factor, and directly
related and necessary to the operation and maintenance
of the Project, it becomes necessary to perform a Major
Replacement to the Project, plans and specifications for
.such repair shall be made and reviewed by both
Directors. The Authority will pay its pro rata share of
the cost of any such work. Upon inspection and review
of the work, the Authority shall pay its pro rata share
of any such repair or replacement within ninety (9pj
days after acceptance of the completed repair or
replacement by the Authority. The Authority shali,aever
be required to pay for portions of replacements, '~~,
additions or transmission facilities that solely relate
to other participants or customers.
. 3.04 Operation in the Event of a Loss in Project Production
....~ . ~ Capacity or in Pro_~ect PumDlna Canaeit..
In the event that the capacity of the Project is materially
reduced by reason of equipment failure or force majeure, the Authority
.~a~:.request the. liauston Director to pro~ride alterna~.ive water supply
service. Houston sY~ali use its best efforts to provide such
alternative water supply service. Reduction in the supply of water to
the Authority will occur only in the case that other Project
participants receive such alternative water at a rate reduced pro-rata
based on their then-current Demand Allocation Factors and the Project"s
then-current Production Capacity. The cost of such alternative water
~.=.:" service shall be the total usage by the Authority ( in thousands ~ofv= .~
galionsl times the average operation and maintenance expenses of t~+e
Project (computed on the basis of thousand gallon units) for the
previous Billing Period. Provided, however, in the event the Authority
is required to take water from the alternate source-for a period of
time longer than one hundred eighty (180) days, operation and
maintenance expenses shall be based on the actual operation and
maintenance expenses of the facility providing the treated water, in
accordance with specific agreement between Houston and the Authority.
i3
• .
3.05 Measurement of Water
There shall be furnished and installed by Authority, as a part of
the Project, measuring equipment (and, if necessary, monitoring and
controlling devices) designed to measure accurately all of the water to
be produced by the Project and delivered to each partq at its Points of
Delivery. Such equipment and devices shall constitute part of the
Project, and both parties shall have access thereto at all reasonable
times for inspection and examination. The reading, calibration and
adjustment of such measuring equipment shall be performed by Houston
and entered upon proper books and records to be maintained by Houston.
Upon written request, the Authority may have access to such record
books during reasonable business hours. Such books shall be kept by
Houston for at least five (5) years.
3.06 Calibration
No less than once in each year of operation, Houston shall
calibrate the measuring equipment in the presence of a representative
of the Authority. Additional calibrations shall be made by Houston if
requested in writing by the Authority Director. Provided, however, if
the Authority requests more than three (3) inspections of the measuring
.equipment in any one (1) calendar year, the Authority shall bear the
total cost of any additional inspections only in the ~ternt-that tti~e
measuring equipment is found to be operating correctly. The parties
nay jointly observe any .adjustments which are made to the measuring
equipment, if any adjustments are found to be necessary.
3.07 Check Meters
The Authority may, at its option and expense, install and operate
check meters, but all official measurements of water shall be made by
Houston"s measuring equipment, except in cases of specific written
consent to the contrary by the Houston Director.
ARTICLE IV
OPERATION AND MAINTENANCE CHARGES
4.01 Introduction
It is .expressly understood by the parties to this agreement that
the Authority shall directly reimburse Houston on a periodic basis for
the expenses incurred in producing and pumping the water actually
delivered to the Authority.
14
•
4.02 Operation and Maintenance Charges
(i) The first Project operation period extends from the
initial day of the delivery of water to the Authority
through three (3) months into the first day of a Billing
Period as defined in Section 1.04. During this first
Project operation period, the Authority will pay a rate
of $0.41 per thousand gallons of actual water usage,
plus Excess Production and Pumpage Fees, if applicable,
as its total 0 & M Expense. At the completion of this
period, the Houston Director will cause an accounting to
be made on the total 0 & M Expenses relating to this
initial period. This accounting shall be delivered to
the Authority Director.
(ii) In the event the total 0 & M Expense requires a fee
greater or lesser than $0.41 per thousand gallons, tt~e
Authority shall pay any excess or Houston refund any
overage as the case may be. The Authority shall fiat
thirty (30) days after receipt by the Authority of
Houston"s invoice for payment to review and approve the
accounting of Houston. If not disputed, excess payment
' or refund as applicable shall be made. within sixty (60)
days-after receipt by the Authority of Houston"-s mto~ice
for payment.
(iii) For, the remainder of the Contract term at three (3)
-.;.:,calendar month.intervals~ or at such other interval as
may be agreed to by the parties, tfie Houston Director
shall compute the total Production and Pumping 0 ~ M
Expense (and if applicable, any Excess Production or
Excess Pumping Fee), for the preceding Billing Period.
(iv) A rate for the Authority"s appropriate pra rata sfiare of
• _~ total 0 & M Expense will be billed on-tfie.tenth (iQ~~~
• - day of the month following each three (~3;.3 .mosrth ~ z
interval. Such rate shall•be based on an accounting
using required data and the Authority shall be billed
its pro rata share of actual gallons of water received.
Such accounting data will be furnished to the Authority
along with the invoice for payment. Any errors of
accounting adjustments will be corrected and/or
reflected in the invoice for the next Billing Period.
4.03 Failure to Pay When Due
ten percent (10~)
Should the Authority fail to tender payment within thirty (30)
days of invoice of any 0 & M Expense (or any part thereof) or should
Houston fail to refund any overpayment to tht ^~ithority within thirty
(30) days of the date due, interest thereon shall accrue at the rate
per annum from the date due until paid.
of
15
l
4.04 Itemization
At the close of the First Billing Period and
thereafter the Houston Director shall prepare for
Authority Director an itemization of all accounts
Production 0 & M Expense and Pumping 0 & M Expens
Director shall have thirty (30) days from receipt
to conduct such review.
every Billing Period
review by the
used to compute
e. The Authority
of such itemization
x•05 Excess Production Fee and Excess Pumpage Fee
In the event that the Project is not being operated at its
Production Capacity or its Pumping Capacity, Houston or the Authority
may, with agreement of the other party, use a portion of the unused
Production Capacity of Pumping Capacity of such other party. During a
Billing Period when such additional Production Capacity or Pumping
Capacity is used, the party using the same shall be subject to_paying
an excess production fee or the excess Pumpage fee, or both, as the
case may be. Such fees shall be established by mutual agreement of tt3e
parties. Any agreement between the Authority and another Project
participant for use of additional Production Capacity or Pumping
Capacity shall be subject to prior review of the Houston Director.
ARTICLE V
MISCELLANEOUS
5.07 Title to All Water Produced by the Project
Title to all water produced by the Project shall remain in Houston
and the Authority (and other participants, if any), jointly in
- proportion to their Demand Allocation Factors, until the same sha13•-
`-::pass throu..the Point of Delivery. Thereafter, the Authority sfiat~,
_ in ex~lusi~re control. a,ud possession thereof and solely'respons b3e
therefore.
5.02 Unit of Measurement
" The unit of measurement for water produced and delivered by~the
Project shall be 1,000 gallons, U.S. Standard Liquid Measure.
5.03 Regulatory Action
The parties recognize that the obligations of Houston to render
operation and maintenance services as provided in this Contract are
subject to all present and future permits, rules or regulations issued
or adopted from time to time by any regulatory authority having
jurisdiction, and the parties agree to cooperate in making such
applications and in taking such actions as may be desirable to obtain
compliance therewith.
16
•
5.0~I Water Quality
The potable water to be delivered hereunder shall meet the minimum
water quality standards and all laws of the Texas Department of Health
and any other federal or state agency having jurisdiction.
5..05 Insurance
Houston shall carry fire and extended coverage insurance on the
Project in an amount at least equal to the replacement cost of such
portion of the Project which is located above ground, provided Houston
may elect to carry a one million dollar deductible for such insurance
- policy. Premiums for the insurance policy shall be included in the
Production and Pumping 0 & M Expenses and paid pro rata by the
Authority as provided elsewhere herein. (In the event of casualt
loss, Houston will bill the Authorit for Y, or
uninsured loss as a "Major Replacement" aspprovidedfelsewherecherein~)
If the Project shall be damaged or destroyed by fire~or other
casualty, Houston shall apply the proceeds from any fire and extended
coverage insurance either (i) to repair such damage or destruction so
as to restore the Project as nearly as possible to the condition
thereof immediately prior to such damage or destruction, or {ii) to
• construct, install, or otherwise add to the project improvements
substantially equal in value to the portion of the Project which was^
- damaged or destroyed, and of usefulness comparable to that destroyed or
damaged such that the Production Capacity and the Pumping Capacity
- specified elsewhere herein are._maintained.
5.06 _Houston to Keep Books; Annual Audits
Houston shall keep books, records, and all other documents
relating to the costs of operating the Project for at least five (5)
years, and said books, records, and other documents shal~be available
~'~. faFr-inspection by the Authority at reasonable times
reasonable notice. , places and u'.>
,..
Houston shall keep a list of all project participants, together
With their current Demand and Pumping Allocation Factors, and shall
make said list available to the Authority upon-request.
Houston will furnish a copy of its Comprehensive Annual Financial
Report, on an annual basis, to the Authority for its review, as well as
any other information, records, and books relating to the Project. The
Authority may, at the Authority"s expense or in cooperation with other
participants, cause a detailed audit of the Project as a cost center.
5.07 Assignments
This Contract shall bind and benefit the respective parties and
their legal successors, but shall not otherwise be assignable, in whole
or in part, by either party without first obtaining written consent of
the other.
17
•
r
5.08 Governing Law
This Contract shall in all respects be interpreted, construed and
governed by, and in accordance with the laws of the State of Texas,
including the Charter of the City of Houston and the enabling
legislation of the Authority, and the Charter of the City of La Porte.
5.09 Force Majeure
If either Houston or the Authority is rendered unable, wholly or
in part, by force majeure to carry out any of its obligations under
this Contract, then the obligations of Houston or the Authority to the
extent affected by such force majeure and to the extent that due
diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of any
inability so caused to the extent provided, but for no longer period.
Such cause, as far as possible, shall be remedied with all reasonable
diligence. The term "force majeure," as used herein, shall include,
without limitation of the generality thereof, acts of God, strikes.,
lockouts, or other industrial disturbances, acts of the public enemy,
orders of any kind of the Government of the United States or of the
State of Texas or any civil or military authority, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of
government and people, civil disturbances, explosions, breakage or
accidents to machinery, shortage or contaminations of surface water,
and any other inabilities of Houston or the Authority, whether similar
to.: ho9e,enumerated or otherwise,. which are not within tfie control of
~iouston or the Authority and which Houston ar the Antfiority could not
have avoided by the exercise of due diligence and care. It is
understood and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of Houston or the Authority and that
the above requirement that any force majeure shall be remedied with all
.reasonable dispatch, shall not require the settlement of stri#Ces and
'lodkouts by acceding to the demands of the opposing party or }~,art~,~s-
When sucfi settlement is unfavorable to it, in the.. judgment of Iinvston
or the Authority.
5.10 No Additional Waiver Implied
The failure of either party hereto to insist on any or more
instances upon performance of any of the terms, covenants or conditions
of this Contract, shall not be construed as a waiver or relinquishment.
of the future performance of any such term, covenant or condition by
the other party hereto,~but the obligation of such other party with
respect to such future performance shall continue in full force and
effect.
18
5.11 Merger and Amendment
This instrument contains all the agreements made between the
parties and is the full and final expression of such agreement; and may
only be amended in writing signed by both Parties.
5.12 Notices
Until the Authority is otherwise notified in writing by the
Houston Director, the address of the City is and shall remain as
follows:
Director, Department of Public Works
and Engineering
City of Houston
P.O. Box 1562
Houston, Texas 77251
Until Houston is otherwise notified in writing by the Authority
Director, the address of the Authority is and shall remain, as follows:
General Manager
La Porte Area Water Authority
P.O. Box 1115
La Porte, Texas 77571
- All_Written notices, statements and payments required or permitted
to be given under this Contract from one party to tfie other shall be
deemed given by the third day following the deposit in a United States
Postal Service mailbox or receptacle, of certified or registered mail,
return receipt requested, with proper postage affixed thereto,
addressed to the respective other party at the address set forth above
or at such other address that the parties respectively shall'desigaate
by ~~rritten notice .
5.13 Parties in Interest
This Contract shall be for the sole and exclusive benefit of the
parties hereto and shall not be construed to confer any rights upon any
.- third party. Houston and the Authority shall never be subject to .any
liability in damage to any customer of the other for any failure to
perform under. this Contract.
5.14 Approvals
Unless otherwise provided for herein, any consent or approval of
the parties shall be made by the governing body of each party.
19
•
i
5.15 Dispute Resolution and Remedies
(a) The parties agree that if disputes arise, regarding the terms
or performance of this agreement or any review or approval called for
hereunder, the respective parties or their Directors agree to meet and
use best efforts to resolve same.
(b) It is not intended hereby to specify an exclusive remedy for
any dispute or default, but all remedies existing at law or in equity,
including specific performance, my be availed of by either party and
shall be cumulative. Provided, however, as a necessary condition for
declaration of default under this Contract, the non-defaulting party
shall give the defaulting party at least thirty (30) days notice of
default with the opportunity to cure during the notice period.
5.16 Term
This Contract shall be in force and effect as set forth in Section
5.17, unless sooner terminated or rescinded. The Contract shall remain
in effect until any bonds issued by Houston to fund this Project as
well as bonds issued to refund some are paid in full, or for forty (1~0)
years; whichever is longer. The Parties hereto agree that upon the
~... egnfirmation of this Contract the Authority shall have the right to
continued service of successive forty (~40) year intervals, or-for such
other times as may be agreed upon. Upon the Authority"s and Houston"s
completion of payments of capital costs as specified herein, they shall
have ownership of their pro rata portion of the Project.
5.17 Effective Date
This contract shall be effective for the term set out herein from
and after the date of execution hereof by the parties. Houston
recognizes that the payment of the Authority"s share of Actual
Construction Cost is dependent on the approval, sale and delivery of
bonds, and that certain procedural requirements must be satisfied aid
.additional contracts signed before the Authority can make the payments
to be made by it hereunder. The Authority agrees t~o use its best
efforts to satisfy all necessary procedural requirements, and further
agrees that if the Authority does not give written notice of the
Continued effectiveness of this Contract on or before ninety (90) days
from the effective date, this Contract shall be null and void, unless
the Houston Director agrees to an extension of time for the giving of
such notice.
5.18 Sale of Water
The parties hereto are free to sell or dispose of water obtained
pursuant *.~ i,his Contract as they may choose.
5.19 Additional Sales of Project Capacity
Houston and the Authority agree that no more than one hundred
percent (100) of the pumping and production capacity of the Project
will be sold, including the pumping and production capacity of Houston.
20
•
5.20 Authorship
It is agreed that this Contract shall not be construed more
strictly against either party because that party authored particular
provisions of this Contract.
5.21 Specification of Procedure for Modification
It is agreed that this agreement is the entire agreement of the
parties 'and may be amended or modified only by a written instrument
approved by the governing bodies of the respective parties.
5.22 No Partnership Created Hereby
The parties agree that no partnership relationship or joint
venture is created by this Contract and that neither party is made an
agent or representative of the other for any purpose.
5.23 Severability
The invalidity or illegality of any term, provision or condition
of this agreement shall not in any manner affect, invalidate or atuwl
any other term, provision or condition hereof.
21
• •
IN WITNESS WHEREOF, the parties hereto have executed this Contract
in multiple copies, each of which shall be deemed to be an original,
effective as of the date of countersignature by the City Controller of
the City of Ifouston .
CITY OF HOUSTON LA PORTE ARE WATER AUTHORITY
BY: BY:
Kathryn J. Whitmire Jerr Br t
Mayor Preside`
ATTEST:
Anna Russell
City Secretary
ATTEST:
~~~~~ ~~
Claude Graves ~ ~,
Secretary
~,
(Seal)
APPROVED AS TO FORM:
E. k'. Beauchamp
Assistant City Attorney
APPROVEI/
Jon C. Vanden Bosch, Director
Department of Public ~n'orks
and Engineering
Approved by Res.
City of La Porte
No.
BY:
Norman A9alone
i~layor
22
COUNTERSIGNED:
Cheri Black
City Secretary
Lance Lalor
City Controller (Date: ) (Seal)
APPROVED AS TO FORM:
Knox Askins
City Attorney .
23
EXHIBIT A
The "Point of Delivery" shall be
property line of the site of Houston"s
Plant and the northern boundary of the
described on Exhibit C.
the intersection of the east
Southeast Water Purification
CWA right-of-way for Line B as
24
EXHIBIT B
In general, the Project shall include among other properties and
facilities: a forebay with 27 million gallon capacity; a low service
pumping station with a total pumping capacity of 120 MGD; a water
treatment module of 80 MGD and related treatment chemical storage and
feed system facilities; filter wastewater tankage; ground storage
tankage in an amount of 25 million gallons; a high service pump station
with a total pumping capacity of 225 MGD spent filter wastewater
clarifiers, sludge thickeners and sludge draw off facilities; sludge
processing facilities including three centrifuges, chemical feed
facilities and associated equipment; process overflow basins and sludge
storage space; an electrical substation and distribution systems;
instrumentation and control devices and systems; cathodic protection;
process yard piping; and site enhancement and landscaping. In
addition, the Project shall include such fittings, valves
instrumentation and controls cathodic protection and other facilities
located on-the Project site.
The term Project shall also include the raw water transmission
line shown on Exhibit "C" as Line B which is a transmission line from
the existing CWA pipeline located east of the intersection of Genoa-Red
Bluff Road and Red Bluff Road to the surface water treatment
facilities.
25
~ ~
BAySHORE
v national BANK
Albert D. Fields
President
September 18, 1987
Mr. Bob Herrera
General Manager
La Porte Area Water Authority
P. O. Box 1115
La Porte, Tx. 77571
Dear Bob:
We are pleased to offer La Porte Area Water Authority the following .
commitment for a line of credit to fund engineering and developa~nt costs
for the Authority: The terms and conditions are as follows:
~sait Avaiiahle: to $40Q, D(3D.O0
Term: 545 days
Interest Rate: National Floating Prime plus one
percent (1$). However, at no time
will the rate exceed .10$. (Rate is
National Prime RatQ as disclosed in-~•-
.. the Wall .Street Jtxa-nai~. . '
Collateral: The unconditional Guaranty of this
credit extension by the City of La
Porte, Texas.
Covenants: 1) Interest shall be paid on the
drawn balance beginning on the
90th day after initial funding
and each quarter thereafter until
said note is paid.
2) The La Porte Area Water Authority
and the City of La Porte shall
provide copies of annual
financial reports as they become
available to each.
3) The Authority will be responsible
for all legal fees.
1001 Hwy. 146 South • P. O. Box 998 • La Porte, Texas 77571 • 713/471-4400
Pagelof2
LJ
Page 2
~. Commitment Letter to
' La Porte Area Water Authority
September 16, 1987
If you are in agreement with this commitment as detailed, please execute
this document in the space provided.
Sincerely, Sincerely,
BAYSHORE NATIONAL BANK I.A PORTE STATE BANK
,' ~ -•
Albert D. Fields obert Pizzit la
President President
AGREED AND ACCEPTED THIS DAY OF , 1987.
7~A PORTE WATEt~ AUTi~tITY
BY: NAME AND TITLE
CITY OF LA PORTE
~- SY: NAME AND TITLE
ADF:kd
+ ~~
~ ..
Contract
with Houston
(SEWPP)
1
•
Contracts
with Entities
Technical
Corrections
Engineering
Contract
•
C.W.A.
R.O.W.
October 1987
1. Approval by
Authority
2. Submit to Houston
for approval
I. Approval by
Authority
2. Approval by
Entities
1. Approval by
Authority
2. Establish funding
source for interim
3• Set up accounting
system to track
payments
1. Establish funding
needed for survey and
R.O.W. purchase
2. Establish funding
source
3. Authorize survey
4. Deliver completed
survey to C.W.A. with
request to use R.O.W.
LA PORTE AREA WATER AUTHORITY 6-MONTH SCHEDULE
November 1987 December 1987
I. Receive executed
contract from Houston
2. City Council App,
3. Submit to Water
Dev. Fund as part of
Phase I funding
4. Attach to Entity
Contracts
I. Pay "catch-up" to
Houston 30 days after
contract execution
($1,346,800)
2. Set up Accounting
system to track pay-
ments
I. City Council
approval
2. Establish firm
"take-points"
3. Submit executed ..
copies to Texas Water
Development Fund
1. City Council
approval
2. Notice to proceed
3. Begin preliminary
engineering phase
4. Establish R.O.W.
requirements
1. Develop R.O.W.
Agreement
2. Approval by
<; Authority
3. Approval by City
Council
Jamzary 1988
1. Pay first progress
payment to Houston
($403,000)
2. Coordinate design
of transmission system
I. Establish future 1. Coordinate design
payment schedule of transmission
2. Coordinate design system
of transmission 2. Finalize necessary
system _ improvements
3. Establish "Entity"
improvements necessary
to the project
1. Review Preliminary 1. Begin design phase
Design Engineering 2. Geotechnical
Report 3. Utility location
4. Prepare preliminary
plan and submit for
approval
5• Begin final plan
and profile
1. Approval by C.W.A. 1. Coordinate design
2. Approval by City of transmission
Council system
3. Purchase R.O.. W.
February 1988
1. Coordinate design
of transmission system
I. Coordinate design
of transmission
system
1. Complete final
plan & profile
2. Begin preparation
of application for
phase II funding
1. Coordinate design
of transmission
system
March 2988.
I. Coordinate
desiga of
transmission
system
1. Coordinate
design of
transmission
system
1. Prepare speci-
fications
2. Continue
preparation of
application for
Phase II funding
1. Coordinate
design of
transmission
system s
~ !~~ LA P:-O RTE AREA WBT;ER AUTHORITY 6-MONTHSCHEDULE(Continued)
r "~
October 1982
-._. ~iovember 1987____., December 19$7 ._ January 1988 February 1988
. .
Texas Water
Development I. DeYeiop applicatioa
for release of Ph
I 1. Submit executed I. ffeceive Phase I 1. Coordinate design 1. Coordinate design
Fund ase
funding
throu
h copy of Houston
t
t funds of transmission of transmission
,
g
financial and con
rac
2. Hond Ordinance 2. Set up accounting
system/budget system
2. Obtain commitment system
2
Fundin
com
it
t
engineering advisors 3. Sufficiency of 3. Request extension extension .
g
m
men
expires Feb. 21
1988
funds letter
4
F of commitment through ,
3. Begin preparation
.
und General Council August 1988 of application for
to coordinate Water Phase II funding
Commission Resolution
5. Bond Council .opinion
Texas Water
Commission I. Esstu~e that yjatex~
Commissio
h L Fasure that Water I. Coordinate design I. Coordinate design
n
as
approved plans and Commission has passed
required Resolution of transmission oP transmission
specs for SEWPP
2. Obtain Water system system
Commission approval on
bonds
Private
Interim 1. Establish funding
for R.O.W. survey and 1. Disburse for survey
($8,900) 1. Disburse for R.O.W.
($40
000) 1. Engineering fee 1. Engineering fee
Financing purchase and 2. Engineering fee ,
2. Engineering fee
engineering
2. Secure funding
3. Set up accounting
system to track
expenditures
March 1988 _
I. Coordinate
design of `
transmission sys.
2. Continue
preparation of
Phase II funding
I. Coordinate
design oP
transmission
system
1. Engineering
s