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1981 02 18 BAWA Minutes 10218-1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY February 18, 1981 The Board of Directors of the Baytown Area Water Au- thority, Harris County, Texas, met in regular session on Wednesday, February 18, 1981 in the Conference Room of Baytown City Hall , 2401 Market Street , Baytown, Texas, with the following in attendance : • Robert L. Gillette, President Peter R. Buenz, Secretary Harry F. Hartman, Board Member Absent : I . J. Butrick, Vice President Dr. Robert E. Hill , Board Member The meeting was called to order and the following business was transacted : Minutes Board member Hartman moved for approval of the minutes of the meeting. held January 21 , 1981 . Board member Buenz seconded the motion. The vote follows : Ayes : Board members Buenz, Gillette and Hartman Nays : None Discuss Payment to Chisholm Trail Construction Company At the last meeting, the Board authorized reduction in retainage on the Chisholm Trail Construction Company contract from ten (10%) percent to four (4%) percent . How- ever, since that time Chisholm Trail has requested that the retainage be reduced further to one ( 1%) percent . The con- sulting engineers recommended that the Board authorize further reduction of retainage to three (3%) percent . According to the contract , the Board is not bound to release any of the retainage until the plant is substantially complete. As to whether the plant is substantially complete is a gray area and the contractor has not requested a certificate of substantial completion. The contractor has not been able to furnish the instrument wire routing diagram which the engineers have been requesting which is the main reason the engineers recommended three (3%) percent retainage. The City Attorney explained that once the retainage is released, the Board has minimized its control and would have • to sue under the contract to force performance . The Board felt that the contractor on the plant had performed admirably to this point and as a show of good faith the retainage should be reduced below the recommended three (3%) percent . Board member Buenz moved to reduce the retainage to three (3%) percent , and subject to receipt of the instrument wire routing diagram that the retainage be reduced to two (2%) percent ; Board member Hartman seconded the motion . The vote follows : Ayes : Board members Buenz, Gillette and Hartman Nays : None 10218-2 Minutes of the BAWA Board - February 18, 1981 Hear Report from Lockwood, Andrews & Newnam, Inc. The contractor on the transmission line has attempted to pressure test the line to the required pressure on eight or nine occasions with leaks resulting each time. The latest occurrence is very near the plant . At the point where the line comes out of the plant , crosses Thompson Road and extends south on Thompson toward Decker, there is a "T" at that location where welds have failed on joints . The contractor is continuing to concurrently pressure test the section of line from IH-10 back to Decker, but the 160 pounds pressure for two hours has not been achieved. Fritz Lanham, General Manager, reported that Pete Styner with Lockwood, Andrews & Newnam, Inc . and he had met with Peter • Way, President of the holding company which includes Angleton, as well as other companies . Mr . Way assured Mr. Lanham and Mr . Styner that he understands the problems that this kind of delay can cause in the community, as well as financially . At times , Angleton has worked around the clock to remedy problem areas . Board member Buenz requested that the Board be fur- nished with a schedule of the number of man hours worked each day . With regard to the Lynchburg/Cedar Bayou section of line, the large backhoe which was working on Wade Road at the railroad crossing is down. There are a few skips in the line remaining, but until this equipment is repaired that work is at a standstill . There is some work being performed on North Main. Board member Gillette pointed to the vunerability of having only one line leading from the plant and inquired about the possibility of a duplicate or backup line. Rick French, Consulting Engineer, explained that in the original planning for the treatment plant , the plant was designed to be expanded twice to a total capacity of 60, 000, 000 gallons per day. The first expansion will probably come about in the late 1980' s and at that time another line will be con- structed. In the event the line from the plant is damaged or is temporarily out of service, the Board requested that the consulting engineers develop cost figures for the construction of a duplicate line. Consider Resolution Amending House Bill No . 967, Section 5(C) and 5(B) When legislation was passed establishing the Baytown Area Water Authority (House Bill No. 967) , one of the provisions of that act requires any governmental entity that contracts with BAWA for water supply to hold an election in that regard. This was important in the case of the City of Baytown, because the • city assumed the financial obligations of BAWA. However, in the case of other governmental entities, the financial respon- sibilities are not present ; therefore, there should be no requirement that an election be held. The entity would be free to hold an election if desirable. Baytown Area Water Authority has been receiving requests from entities outside BAWA' s boundaries to purchase water. The existing act provides that BAWA may only sell to entities located within its boundaries . Therefore, the Administration recommended approval of the proposed resolution to amend House Bill No . 967 to eliminate the provision of the act that requires an election by residents of a political entity prior to purchase of water from BAWA and to include the provision that BAWA may sell water both within and without its boundaries . Due to contractual obligations, BAWA would need authorization from the City of Houston and San Jacinto River Authority prior to the sale of water outside its boundaries even if the act is changed. 10218-3 Minutes of the BAWA Board - February 18, 1981 Board member Buenz moved to recommend to City Council to adopt the proposed resolution dealing with procedures whereby BAWA can sell water to other districts ; Board member Hartman seconded the motion. The vote follows : Ayes : Board members Buenz, Gillette and Hartman Nays : None Resolution attached to minutes as Attachment "A. " There being no further business to be transacted, the meeting was adjourned. • Peter R. Buenz, cretary • 1 A RESOLUTION OF THE BAYTOWN AREA WATER AUTHORITY BOARD OF DIRECTORS, AUTHORIZING THE GENERAL MANAGER TO SEEK AMENDMENTS THROUGH LEGISLATIVE MEANS TO THE SPECIAL LEGISLATION CREATING THE BAYTOWN AREA WATER AUTHORITY SPECIFICALLY SECTION 5, B(1) AND 5 C OF HOUSE BILL 967 . WHEREAS, the Texas Legislature created the Baytown Area 0 Water Authority by enactment of House Bill 967; WHEREAS , the Baytown Area Water Authority requires amendments to its creating legislation in order to serve the surrounding area with efficiency and greater ease; WHEREAS, the passage of such amendments would work to the benefit of all concerned; NOW THEREFORE, BE IT RESOLVED BY THE BAYTOWN AREA WATER AUTHORITY OF THE CITY OF BAYTOWN: That the Texas Legislature be urged to propose amend- ments to Section 5, B(1) and 5 C of House Bill 967 as fol- lows : 1 . Amend Section 5 C by striking that section and substituting the following: C. No election shall be required of the Authority for approval of Contracts with municipal corporations or other political subdivisions for services enumerated in this Act . 2 . Amend Section 5, B(1) by striking that section and substituting the following: ( 1) The right , power and authority to acquire surface and/or underground water supplies from sources both within and without the boundaries of the Authority and to conserve, store, transport , treat , purify, distribute, sell and deliver water, both surface and underground, to persons, corporations (public or private) , municipal corporations, political subdivisions of the State of Texas, and • others both within and without the boundaries of the Authority. INTRODUCED, READ, and PASSED by the affirmative vote of the Baytown Area Water Authority on this 18th day of February , 1981 . RO ERT L. GILLETTE, President ATTEST: PETER R. BUENZ, Secretary I