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