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1984 11 21 BAWA Minutes 41121-1 ` I MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY November 21, 1984 The Board of Directors of the Baytown Area Water Authority, Harris County, Texas, met in regular session on Wednesday, November 21, 1984, in the Conference Room of the Baytown City Hall with the following attendance: Robert L. Gillette, President Dan Mundinger, Vice President Peter R. Buenz, Secretary Knox Beavers, Board Member Absent: A. S. (Skip) Rome, Board Member The meeting was called to order with a quorum present, afterwhich the following business was conducted: Consider Minutes for Meeting Held October 17, 1984 Board member Beavers moved for approval of the minutes for the meeting held October 17, 1984; Board member Mundinger seconded the motion. The vote follows: Ayes: Board members Beavers, Buenz, Gillette and Mundinger Nays: None Consider Award of Bid for Sludge Lagoon Cleaning Herb Thomas, Plant Manager, presented the board with a copy of the specifications for lagoon cleaning which included the removal of approximately 2,220 cubic yards of sludge from the north lagoon. The contractor is to transport the sludge to the designated site at the west end of the BAWA property, spreading the material and leaving the area in a mowable condition. The administration recommended the low bidder, BayTex Construction be awarded the bid for the amount of $11,500. A copy of the bid tabulation is attached to the minutes as Attachment "A. " Board member Buenz moved to award the bid for lagoon cleaning to the low bidder, BayTex Construction; Board member Buenz seconded the motion. The vote follows: Ayes: Board members Beavers, Buenz, Gillette and Mundinger Nays: None 41121-2 Minutes of the BAWA Board - November 21, 1: 34 Hear Report of Plant Manager Transfer Motor Control Center - Apollo was awarded the bid for this installation. The new motor control center is in operation on automatic mode for one pump operation. The hardware at this time is not capable of automatic operation on a three pump operation, because there is an internal problem with the computer. Should there be a need for a second and third pump, the software program has a problem, and when the second or third pump is operated, fuses are blown in the converter circuit. General Electric is on site regularly working on the problem. They should have the problem corrected very shortly. Mr. Thomas reiterated that the one pump operation is in automatic mode and that it is operating correctly. The job will be concluded once the computer is working properly. Average water flow and turbidity - In October, the average water flow at BAWA was 8. 3 million gallons per day. Also, in October another record month as far as quality was achieved with a turbidity of . 09 being recorded. The November usage has dropped and the average is now in the upper 7 million per day category. Chemical bids - Next Monday, bids will be received for all chemical needs for 1984-85 fiscal year. Harris-Galveston Subsidence District On November 8, Mr. Thomas attended the Harris-Galveston Subsidence District hearing to give testimony as to reasons BAWA will need 50 million gallons in 1985 from wells. Essentially, the 50 million is made up of approximately 8 million gallons to keep the wells exercised and operable. The remainder was included just in the event the city experiences another freeze like last Christmas. The district seemed to be very receptive to that because the request was down from the previous year from 102, 000, 000 to 50, 000, 000. The board will decide on the request at a later date and report that decision to the administration. Lake Municipal Utility District - Based on approval of Council, Lake Municipal Utility District usage for November will be billed at .10. In connection with the amendment to the Lake Municipal District Contract and the discussion of City Council regarding that change, Fritz Lanham, City Manager, felt that perhaps a different formula should be developed to deal with the districts, expecially the new ones that are just being organized. It is very difficult for those districts at the time a contract is executed to anticipate usage. Lake MUD was very optimistic at the time that contract was executed, but the district has not developed as rapidly as anticipated. BAWA has a contract with the Thompson Road Municipal Utility District and representatives of that district have contacted the administration about amending that contract. That contract provides for the district to begin taking water, but no dirt has even been moved on site to begin construction. 1 41121-3 Minutes of the BAWA Board - November 21, 1984 What the administration mentioned as a possibility to City Council is trying to get away from a minimum take or pay, and in some way allocate whatever penalty that BAWA pays each month to all its customers based on water usage. If BAWA pays no penalty, then all customers will be charged for what is used; however, if BAWA uses less than the minimum take or pay and a penalty is assessed, then that will be divided proportionately among BAWA's customers. Board member Buenz stated that this approach would penalize everyone for one district' s miscalculation. For example, a district said that they would need water in 1985 and for economic reasons, they are not building; therefore, he felt that it would not be fair to penalize Baytown and others for the poor judgement in estimating future needs. He inquired what sort of agreement did BAWA have with the City of Houston. Mr. Lanham responded that the contract provides for 8 million gallons per day usage and the manner that is calcu- lated is to multiply the number of days in the month times 8 million gallons per day times the rate per gallon. If BAWA is below that figure, BAWA pays for water not used. Also, when BAWA exceeds the minimum take or pay by 10% , there is a 10% penalty assessed. The contract with the City of Houston was entered into and all the assumptions were made ten years ago. Last January, BAWA began taking 8 million gallons per day and this will be the minimum take or pay for three years. Mr. Thomas pointed out that probably BAWA will average 9 million gallons per day for 1984-85. Mr. Lanham stated that this problem is not something that needs an immediate solution, but he requested help from the board in developing a solution. Board member Gillette inquired if there would be any way to put a new district on a per gallon basis for a year to have some basis for developing a contract, or until the district begins to develop. Mr. Lanham responded that that may be the best way to handle new districts, because during early years, the districts are no larger than some City of Baytown customers. Herb Thomas stated that a better job needs to be done in management of the purchase of the water. For instance, if during the last two days of the month, a determination is made that the taking of more water will result in a penalty and the reservoir is full, the pump should be shut off. This information will be put into the computer to help the staff keep better records of usage and thereby, better control of the minimum take or pay. Mr. Thomas commented that if BAWA had a reservoir twice the size of the existing reservoir, this would enhance control tremendously. Presently, the forebay contains two days untreated water. He emphasized that since the problem has been recognized, every effort will be made to control flow to BAWA's advantage. 41121-4 Minutes of the BAWA Board - November 21, 1984 Angleton Lawsuit - In response to an inquiry from the board regarding the Angleton lawsuit, Mr. Lanham stated that one of the subcontractors had contacted him inquiring about the status of the lawsuit between BAWA and Angleton. The subcontractor had indicated that Angleton is still in business and does maintain offices. Adjourn There being no further business to be transacted, the meeting was adjourned. lD , Peter R. Buen Secretary CITY OF BAYTOWN TITLE. Lagoon Cleaning Specifications BID TABULATION • BID: DATE: November 15, 1984 - Bohn Draglilies Able S Pry irps Inc BavTex Construction ITEM QTY UNIT DESCRIPTION UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED PRLLE PRICE PRICE PRICE PRICE PRICE PRIrF PRICE _$14.250.00 - 314,560.00 ,$11,500.00 • • I J • GROSS TOTAL - LESS DISCOUNT NET TOTAL TERMS DELIVERY 1 1 11_1 HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27 P. O. BOX 712 BAYTOWN, TEXAS 77520 (713) 424-5616 ADDENDUM TO WHOLESALE'WATER SUPPLY CONTRACT TREATED WATER ENTERED INTO'ON-THE 1ST` DAY OF FEBRUARY 1983 BY THE HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NUMBER 27 AND'THE BAYTOWN AREA WATER AUTHORITY The Board of Supervisors of Harris County Fresh Water Supply District Number 27 at a regular monthly meeting held on the 7th day of February, 1983 gave their unanimous approval to allow the Baytown Area Water Authority to utilize the easement granted to the Water District by the Coady Baptist Church for purposes of constructing their water connection line as set out in Article .IV of said Contract and to grant them right-of-way for the purpose of constructing, inspecting, repairing, maintaining, and removing said water line as long as it' s in place along this easement. HARRIS COUNTY FRESH WATER . SUPPLY DISTRICT NUMBER 27 By: D. Smalley, P esident" k/A4A-- w. Ir. Karr; Secretary UL1,--)-I4 3 z U 0 1 5 ( i i 10.75 THE STATE OF TEXAS COUNTY OF RABBIS KNOW ALL MEN BY THESE.ESENTS: 1 1 3- � O-(O0 ` WILLIAM C. HOLLINGSHEAD, STEPHEN ISTRE, 0. W. PURSLEY, CLARENCE GAY, That the undersigned _ JAKE PARRISH, DALE YARDLEY, W. M. GREEN, JACK WATKINS, Trustees of the COADY BAPTIST CHURCH • of Harris County, Texas, hereinaftercalled Grantors (whether, one or more), in -consideration of TEN AND NO/100 DOLLARS ($10.00) cash in hand paid by ROBERT L. GILLETTE - hereinafter called Trustee, the receipt of which payment is hereby acknowledged and confessed, and of the debt and-trust t hereinafter mentioned, have Granted, Bargained, Sold and Conveyed, and by these presents do Grant, Bargain, Sell and convey unto Trustee, and unto the successor or substitute Trustee hereinafter provided, the following described property Harris f situated in County,Texas,to-wit: Being a tract of land out of the North Part of Lot 1, Block 28 of HIGHLAND FARMS, a subdivision in Harris County, Texas, according to map or plat thereof recorded in Volume 7 at Pages 60 and 61 of the Map Records of Harris County, Texas, said tract of land described, being the same two certain tracts described by deeds recorded in Volume 2069 at Page 140 and Volume 2630 at Page 606 of the Deed Records of Harris County, Texas reference is herein made to the above Plat Recordation and Deed Recordations, said tract of land described as follows; BEGINNING at the Northwest corner of Lot 1, Block 28 of HIGHLAND FARMS SUBDIVISION, said point of beginning situated at the point of intersection of the East R-O-W line of Wade Road with the South R-O-W -line of Lynchburg-Cedar Bayou Road; THENCE South 79 deg. 15 min. East along the South R-O-W line of Lynchburg-Cedar Bayou Road, same line being the North boundary of Lot 1, Block 28, of HIGHLAND FARMS SUBDIVISION, a distance of 330.0 feet to the Northeast corner of Lot 1 and the Northwest corner of Lot 2, being the North- east corner. of tract described; THENCE South along the common boundary line of Lots 1 and 2, Block 28, a distance of 382.73 feet to the Southeast corner of tract described; . THENCE North 79 deg. 15 min. West along a line parallel to the North boundary of Lot 1, Block 28, and Lynchburg-Cedar Bayou Road, a distance of 330. 0 feet to a corner at the East R-O-W line of Wade Road and the West boundary of Lot 1, Block 28, being the Southwest corner of tract described; THENCE North along the East R-O-W line of Wade Road, same line being the West boundary of Lot 1, Block 28, a distance of 382.73 feet to he "POINT OF BEGINNING", containing within the boundary described 2.849 acres of land more or less. - .- a - I IL r - . .. - • JOHN LEFEBER ATTORNEY AND COUNSELOR AT LAW 1209 DECKER DRIVE GRAYSTONE BLDG. - SUITE 214 P. O. BOX 1149 BAYTOWN, TEXAS 77520 PHONE: (713) 427-9478 February 14 , 1983 Randy Strong City Attorney City of Baytown Post Office Box 424 Baytown, TX 77520 Re: Utility Easement For Baytown Area Water Authority Water Line Dear Randy: Enclosed is a copy of the duly recorded Utility Easement For Baytown Area Water Authority Water Line. Very truly yours, ohn e eber JL/rc Enclosure 4812b53 'RETURN TO _ • -JOHN LEFE"rR. '10. 2 t'��: Attorney _._ � • P. O. Bo:: Y 9 Baytown, Texas 7Z52O UTILITY EASEMENT FOR BAYTOWN AREA WATER AUTHORITY WATER LINE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS § THAT COADY BAPTIST CHURCH, 5606 Wade Road, Baytown, Harris County, Texas , for and in consideration of ONE AND NO/100 ($1 .00 ) DOLLAR and other good and valuable consideration to the under- signed paid by the grantee herein named , the receipt of which is hereby acknowledged , have GRANTED, SOLD , AND CONVEYED, and by these presents do GRANT, SELL, AND CONVEY unto the Harris County 19--(2 Fresh Water Supply District Number 27 , of Harris County, Texas, a body politic and corporate and governmental agency of the State of Texas, organized under the provisions of Article 16 Section 59 oei of the Texas Constitution and Chapter 53 of the Texas Water Code , its successors and assigns, a utility easement for a water line ' to be constructed by the Baytown Area Water Authority for the use and benefit of the Harris County Fresh Water Supply District Number 27 across , under, and over the following described land located in Harris County, Texas: BEING a tract of land out of the - North part of Lot 1 , Block 28 of Highland Farm, a subdivision in Harris County, Texas , according to map or plat thereof recorded in Volume 7 at Pages 60 and 61 of the Map Records of Harris County, Texas , said tract of land described being a part of the same two certain tracts described by deeds recorded in Volume 2069 at Page 140 and Volume 2630 at Page 606 of the Deed Records of Harris County , Texas , reference is herein made to the above Plat Recordation and Deed Recordations , said tract of land being de- scribed as follows: BEGINNING at the Northwest corner of Lot 1 , Block 28 of Highland Farms Subdivision, said point of beginning situated at the point of intersection of the East right-of-way line of Wade Road with the South right-of way line of Lynchburg-Cedar Bayou Road; THENCE, South 79° 15 ' .00 " East along the South right-of way line of Lynchburg-Cedar Bayou Road, same line being the North boundary of Lot 1 , Block 28 of Highland Farms Subdivision, a distance of 10 .0- feet; . THENCE , South along a line parallel to the East right- of-way line of Wade Road , a distance of 382 .73 feet to the Southeast corner of tract described; THENCE , North 79° 15 ' 00 " West along a line parallel to the North boundary of Lot 1 , Block 28 , and Lynchburg- Cedar Bayou Road, a distance of 10 .0 feet to a corner at the East right-of-way line of Wade Road and the West boundary of Lot 1 , Block 28 , being the Southwest corner of tract described; 991 - 91 - 1702 • • THENCE , North along the East right-of-way line of Wade Road, same line being the West boundary of Lot 1 , Block 28 , a distance of 382 .73 feet to the Point of Beginning, containing within the boundary described 0 . 086 acres of land, more or less. together with the rights of ingress and egress by Harris County Fresh Water Supply. District Number 27 and/or Baytown Area Water Authority to or from said right-of-way for the purpose of constructing, inspecting, -repairing , maintaining , and removing said water line.. Witness our hand this 7th day of February , 1983 . COADY BAPTIST CHURCH GRANTEE'S ADDRESS: Harris County Fres ater: Supply District No. 27 . By: G /' ( - 9;- Post Office Box 712 JACK C. WATKINS , -Deac-on Baytown, TX 77520- and/or Baytown Area Water Authority 2401 Market 7 ; 1ytawn, TX 77520 LEON W. HAYNES , De aeon RECORDER'S MEMORANDUM • ALL BLACKOUTS,ADDITIONS AND CHANGES -'� 1 - // TIME WERE PRESENT AT THE THE INSTRUMENT / /, f , WAS FILED AND RECORDED. r-;"/ / -f\. t;I -; T]=MAAN R. ttHAIRSTON , Deacon- ACKNOWLEDGMENT • THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Jack W. Watkins, Leon,W. Haynes and Tilman R. Hairston "D- ao-ens of the COADY BAPTIST CHURCH , known to me-' to be the persons whose names are subscribed to the foregoing ' 'instru- ment , and on behalf of said Church acknowledged to me- that they executed the same as an act of'' said Church for the purposes and consideration therein expressed and in the capacity therein stated. • GIVEN UNDER MY HAND. AND SEAL OF OFFICE on this the 7th ; av;,af February , 1983 . • �� �. . _ Notary Public: in and for i the State of TEXAS �•. My commission expires: ,r?- ...: ` l'\, BEVERLY GAEDCHENS ,....,•" Printed Name - • II3.1 - 9 '7 - I103 - • • • STATE OF TEXAS COUNTY OF HARRIS f I hereby certify that this instrument was FILED in File Number Sequence on the data and at-the time stamped y —*Ihereon by me; and was duly RECORDED, in the Official Public Records of Real Property--of Harris County. Texas on co . 73 7i7 C'�U� r51„ � FEB 101983 En —11 a--4 CD t-- ..-;`;f µARK/g` ^// f� - �� co `. COUNTY CLERK, --ram - • HARRIS COUNTY,TEXAS x aro Lar D U') • • • . • :'. '. ' I , r > • ,. I t ` J I I J -