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1981 07 20 BAWA Minutes 10720-1 MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY July 20, 1981 The Board of Directors of the Baytown Area Water Au- thority, Harris County, Texas, met in special session on Monday, July 20, 1981 , in the Conference Room of the Baytown City Hall with the following attendance : Robert L. Gillette, President 4110 I . J. Butrick, Vice President Peter R. Buenz, Secretary Harry F. Hartman, Board member Absent : Dr. Robert E. Hill , Board member The meeting was called to order and the following business was transacted: Consider Adoption of 1981-82 Budget Fritz Lanham, General Manager, explained that the only change in the budget from the original presentation is that $35, 000 had been added under personal services . In the original presentation no adjustment had been made for cost of living increases . Board member Buenz moved to recommend to City Council that the proposed 1981-82 BAWA Budget - Level 3 be approved; Board member Butrick seconded the motion. The vote follows : Ayes : Board members Buenz, Butrick, Gillette and Hartman Nays : None Consider Resolution Concerning Location of Chemical Waste Dump Site in Liberty County Dan Jackson, Assistant City Attorney, explained that he had spoken to the County Judge of Liberty County who had informed him that Commissioners Court of Liberty County had adopted a resolution requesting that the Texas Department of Water Resources reject the request for permit to operate a chemical dump site four miles west of Dayton on Highway 1960 due to its close proximity to Lucius Bayou, the Trinity River and various tributaries which feed to the river. The suggested site is very low and subject to flooding which runoff would flow to the various watersheds heretofore mentioned. The City of Houston is also considering action condemning the issuance of a permit for that site. Mr. Lanham stated that he had read where Rollins is in the process of negotiating a sale of the environ- mental services division of the company. Therefore , he felt that the resolution should speak to the application of Rollins Environmental Services , Inc . , as well as their assigns . 10720-2 Minutes of the BAWA Board - July 20, 1981 Board members Gillette stated that he had spoken to Johnny Jennings with the CIWA Board who had stated that the projected life of the substance being proposed to be disposed of at this site is quite long and the substance is very potent . In response to an inquiry from the Board, Pete Styner with the firm of Lockwood, Andrews and Newnams , Inc . stated that the plant as presently designed and operating would not have the capability to treat this substance . Board member Butrick moved to adopt the proposed resolution with the proviso that the resolution is amended to reflect that the provisions of the resolution apply to 41/1 Rollins Environmental Services, Inc. , as well as their assigns . Board member Hartman seconded the motion. The vote follows : Ayes : Board members Buenz, Butrick, Gillette and Hartman Nays : None The resolution is attached hereto and considered a part hereof for all intents and purposes . Recess The open meeting was recessed into executive session to discuss contemplated litigation. When the open meeting reconvened, the following business was transacted: Consider Authorizing the General Manager to Direct Angleton General Mechanical to Comply with Inspection Procedures The consulting engineers have been having some dif- ficulties with Angleton General Mechanical regarding inspection procedures on the portion of line along Lynchburg Cedar Bayou Road. In an effort to respond to these problems , the Ad- ministration drafted a letter for Board review which sets forth certain provisions of the contract that provide for inspection and observation of the line while work is in progress . Board member Buenz moved to authorize the General Manager to execute and forward the letter as modified by the Board; Board member Butrick seconded the motion. The vote follows : Ayes : Board members Buenz, Butrick, Gillette and Hartman Nays : None A copy of the letter is attached to the minutes 401 as Attachment "A. " There being no further business to be transacted, the meeting was adjourned. _ fit f. Peter R. Buenz, Secretary 1 A RESOLUTION OF THE BAYTOWN AREA WATER AUTHORITY SUPPORTING LIBERTY COUNTY AND ITS VARIOUS MUNICIPALITIES IN THEIR OPPOSITION TO THE PLACEMENT OF A CHEMICAL WASTE DISPOSAL SITE IN THEIR COUNTY. WHEREAS , the Commissioner ' s Court of Liberty County has • passed a resolution opposing the placement of a chemical waste disposal site planned to be developed in Liberty County by ROLLINS ENVIRONMENTAL SERVICES , INC. , and their assigns. WHEREAS, numerous municipalities within Liberty County have also expressed their opposition to such a site; WHEREAS, the planned site poses a potential danger to the watershed areas of the Trinity River , Lake Houston and others; WHEREAS , Liberty County is a highly populated county and is surrounded by numerous populated communities which are subject to this danger; WHEREAS, this planned site by ROLLINS ENVIRONMENTAL Services, Inc. could impact the health, safety and welfare of all peoples within a broad area; WHEREAS, the Baytown Area Water Authority receives its water supply from the Trinity River; WHEREAS , the citizens of Baytown and its surrounding area whom the Baytown Area Water Authority serves are placed under this ominous and unwarranted intrusion into their lives; BE IT RESOLVED BY THE BAYTOWN AREA WATER AUTHORITY: Section 1 : That the BAYTOWN AREA WATER AUTHORITY supports Liberty County and its various municipalities in their opposition to the placement of a chemical waste disposal site in their county : Section 2 : That the Baytown Area Water Authority urges the Texas Department of Water Resources and other governmental agencies connected with the permitting of such a facility to deny ROLLINS ENVIRONMENTAL Services, Inc. and their assigns the right to construct this planned site. Section 3 : This Resolution shall take effect from and after its passage by the Baytown Area Water Authority. INTRODUCED, READ and PASSED by the affirmative vote of • the Baytown Area Water Authority on this 20th day of July , 1981 . ROBERT L. GILLETTE , President ATTEST: ETER R. BUENee et ary • ATTACHMENT "A" ef. BAYTOWN AREA WATER AUTHORITY t# 2401 Market Street P.O. Box 424 '. �F Baytown, Texas 77520 OUR sEP July 20, 1981 Mr. C. J. Hogue, Jr. President Angleton General Mechanical Inc. 5616 Royalton Houston, Texas 77081 Re: Baytown Area Water Authority Transmission Line • Dear Mr . Hogue : The Baytown Area Water Authority board of directors have instructed me to write you a letter regarding the transmission line which Angleton is constructing. The Board has received from Lockwood, Andrews and Newman , Inc. , several letters indicating problems developing in the progress of that line. In order to ward off any possible further delays in the project , it is their desire to clear up several potential problem areas. Initially, there has been some misunderstanding as to inspections on and in the line. I point you to the Contract under Paragraph 3. 2(c) which states that the Owner will have access at all times to the work whenever in preparation or progress. This is a condition Baytown Area Water Authority expects Angleton to abide by, and unless an inspection is completed and approved according to the contract and procedures established, Baytown Area Water Authority will not accept the line or pay for it . In connection with this , please observe Paragraph 4. 2 dealing with the Engineer' s right to inspection and observation of the progress of the line. See also paragraph 5.2(a)(2) . I will also direct your attention to Paragraph 7. 3. This allows the Engineer to remove any part of the line he feels is defective or not according to specifications. If it is indeed defective the costs of such removal , etc. will be borne by the Contractor. If it is found to be satisfactory, then the Contractor may submit his claim for additional costs. However, if the Contractor proceeds with the work without requesting an inspection or approval that is required in the contract , no claim will be allowed. Such neglect shall be borne by the Contractor. In this regard, note Paragraph 8. 11 and 9. 5 detailing the Contractor ' s duty to • PLANT LOCATION AT 1-10 AND THOMPSON ROAD PHONE 426-3517 notify the Engineer of completed work and request for inspection . Thus, the Baytown Area Water Authority will consider the failure of Angleton to abide by the Contract provisions a breach of the Contract and will take appropriate action to remedy it . Inspections will be made in the future as they have been made in the past . The inspection procedures have been in accordance with the General Condition of the Contract and procedures established and agreed upon by both parties. • The Baytown Water Authority feels inspections are necessary and ample justification exists for such as our experience with the Thompson Road line graphically illustrates . As you know, this project is far overdue as per the Contract documents. Any further delays simply tend to increase the damages suffered by the Baytown Area Water Authority in completing this section of the line . It is our hope that this letter will provide direction so that the delays and misunderstanding presently encountered can be eliminated . Sincerely yours, IT , NIAM General Manager cc: Insurance Company of North America James J. Braniff & Co. One Greenway Plaza East Houston, Texas 77046 •