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SSLGC 04-20-2000 May-10-00 12:03pm From-CITY OF SEGUIN 830-401-2499 T-150 P.02/04 F-9l5 MINUTES OF THE ORGANIZATIONAL MEETING OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS S COUNTY OF GUADALUPE ~ SCT-lERTZ/SEGUIN LOCAL ~ GOVERNMENT CORPORATION ~ On this, the 20th day of April, 2000, the Board of Directors (the Board) of the Sch~zlSeguin Local Government Corporation (the CorporaTion) convened at 1 :30 o'clock p.m. in the Seguin Guadalupe County Library located at 707 East College, Se~ Texas, with the following members being present and in attendance: Robjp Dwyer Ra.Q1on J. Cook Jim Wolverton Sidney Bauer Gloria Rivera President Vice President Secretary Director Director and constituting a majority of the persons appointed to the Board and a quorum for the transaction of business, and notice of such meeting having been duly given in accordance with the provisions of Texas Law. Also, in attendance were Eric Vordenbawn, Ken Greenwald, Kerry Sweatt, and Jack Hamlett. The meeting was called to order by President Robin Dwyer. The second order of business was to consider and take action regarding Minutes of March 23, 2000 meeting. A motion was made by Secretary Wolverton and seconded by Director Bauer to approve the Minutes oftbe March 23, 2000 meeting. Upon a vote being called, the motion carried by unanimous vote of all Directors present. The third order of business was consideration an take action on Resolution approving the purchase of 52.944 acres, more or less, located in the J.M. Whitaker Survey. A-483. Gonzales County, Texas and authorizing the officers of the corporation to take the appropriate and necessary actions to complete the purchase. :Mr. Lindner advised [he Board that the survey was complete and anticipates closing on the tract May 1, 2000. A motion was made by Director Rivera and seconded by Se<"'Tetary Wolverton to approve the resolution as presented. Upon a vote being called, the motion carried by unanimous vote of all Directors present. The fourth order of business was to hear the consultant's report. Mr. Roming advised the Board on the outcome of the meeting with Guadalupe Valley Electric Co-op. Based on information received it is recommended that the treatment pIant be relocated as previously discussed with the proposed location be adjacent to the Henry tract. The relocation will save the Corporation 1 May-10-00 12:03pm From-CITY OF SEGUIN 830-401-2499 T-150 P.03/04 F-915 $1,000,000 in pipeline costs. Mr. Roming also stated GVEC plans to reconductJupgrade the existing service. The Board will incur an affordable cost for the new construction of the service line only. The Board agreed with the relocation of the tTeatment plant and authorized Mr. Roming to proceed with negotiations with GVEC. The fifth order of business was a report on wen drilling bids received Aprill8, 2000. Mr. John Seifert with LBG-Guyton Associates presented the Board with a tabulation of the bids received. A Lotal of three bids were received on this proje~1. LBG-Guyton Associates recommended the Board award the bid to the lowe,st bidder, Friedel Drilling Company. Mr. Roming advised the Board that th~ low bid is within the budget project cost. He felt this was a competitive bid for the projec...'1. Friedel Drilling Company has experience in water well drilling. They have performed more than 127 wells within this type of soil area. The sixth order of business was to consider and take action regarding well drilling bids. A motion was made by Director Bauer and seconded by Vice-President Cook to award the bid for Water Well Number 3 to the low bidder, Friedel Drilling Company. Upon a vote being called, the motion carried by unanimous vote of all Directors present. Jack Hamlett briefed the Board on the progress of the right-of-entry process. Surveyors are planning to begin work May 1, 2000. As previously stated the right-of-entry is for appraisal purposes and for the purpose of making boundary, topographic, environmental, archeological and geotechnical surveys. Plans are to begin with the appraisals by early July 2000. The seventh order of business was an Executive Session called under Chapter 551 Local Government Code. ~551.071, pending or contemplated litigation and S551.072, deliberation regarding real property. An executive session was held from 2:22 p.m. until 3:29 p.m. The eighth order of business was to consider and take action as a result of the Executive Session. President Dwyer advised there would be no action taken as a result of the executive session. Director Rivera briefed the Board with an update on the Regional meetings. The next Regional meeting is scheduled for April 25, 2000. The Board scheduled the next Corporation meeting for May IS, 2000 at 1:30 p.m. in Schertz, Texas. President Dwyer asked ifthere was any other business for the Board to conside.r and, none being offered, it was moved and seconded that the meeting be adjourned. Upon a vote being take~ the motion carried by a Wlanimous vote of all Directors present and the mccting was adjourned at 3 :44 p.m. MINUTES APPROVED, this the 18th day of May 2000. 2 May-10-aO 12:04pm From-CITY OF SEGUIN 830-401-2499 T-150 P.04/04 F-915 Signatures of all Directors Robin Dwyer, President Ramon J. Cook, Vice President Jim Wolverton, Secretary Sidney Bauer, Director Gloria Rivera, Director 3 STATUS REPORT ON PURCHASE OF BUSBY, MARTIN AND HENRY TRACTS IN GONZALES COUNTY BY SCHERTYSEGUIN LOCAL GOVERNMENT CORPORATION (May 10,2000) BUSBY: Mrs. Busby advised on 5/3/00 that one of her daughters had re-signed the Mutual Right of First Refusal Agreement before a notary and had forwarded it to the other daughter. On 5/3/00 Mrs. Busby advised that she had not heard from her attorney regarding the License Agreement. Therefore on that date the License Agreement was mailed to her for her review. If it meets with her approval (after discussing it with her attorney) she is to sign it and return to B. Benson, at which time he will have Robin sign the Agreement. Attempts are being made to reach Mrs. Busby to verify status of the above two agreements. When the recorded documents and the owner's title policy are received from the title company, they will be forwarded. MARTIN: When the recorded documents and the owner's title policy are received from the title company, they will be forwarded. HENRY: The purchase of the Henry tract closed on 4/27/00 and copies of closing documents have been mailed to client. The Henry's signed a lease on the house to allow them time to vacate. The Henry's will be leasing without paying any rent until 8/31/00; after that date their monthly rent will be $500.00; the lease expires on 12/31/00 or whenever the premises are vacated whichever occurs earlier. When the recorded documents and the owner's title policy are received from the title company, they will be forwarded. 1. 3842/9;PWL:ees peD #78110 Memornndmn To: From: Date: Re: Robin Dwyer, Kerry Sweatt, Jack Hamlet, Crockett Camp, Clay Roming, Bill Klempt Patrick Lindner 05/10/00 Changes in groundwater laws I attended a preliminary meeting arranged by the Senate Natural Resource Committee and the TWDB relating to groundwater management issues. The meeting was attended by 100+ people, mainly groundwater district types and agriculture interests, and others. About 25 person will be selected from the attendees and representatives of additional stakeholders, such as cities and environmental groups, and this group of25will meet at least twice to develop a consensus report by September. The information should be available on the internet and will pass on the address when I get it. Based upon the statements made during the meeting, I expect legislative action on the following issues: 1. The section on joint management among several districts regulating a single aquifer will be strengthened. Since there are several groundwater districts over the Carrizo, joint management of this aquifer will be encouraged. 2. The section relating to out of district transfer will be debated. There is a definite split between the groundwater districts that want to prohibit out of district transfer and the need by the cities to access this water and the right of landowners to transfer their interests. Although there is desire on a local level to prohibit out of district transfers, the cities will prevail, but there will be changes. I suspect it will address the right to regulate production in the same manner as other wells, but could allow a district to recover for some of the economic impact resulting from the loss of the water. Chairman Counts of the House Natural Resource Committee addressed the group during the afternoon and as I understood his statement to mean that both the surface water rule requiring out of basin transfers to be junior and the exportation of groundwater will need to be addressed so that the water resources are available to the persons who want and need the water. I think: he realizes that he can't keep the junior priority for out of basin transfers of surface water and allow groundwater district to prohibit out of district transfers. 3. The section relating to fees will be changed to allow districts to collect property taxes and also production fees as both a regulatory and revenue measures. The corporation would be subject to payment of production fees, but keep in mind the global coverage of the exemption applicable to Local Government Corporation from taxes and fees. 4. The exemptions required by statute may change to encourage more local control of the exemptions. Exemptions for domestic wells for new subdivisions and wells relating to oil and gas production could be limited. 5. The section relating to management plans will be changed to allow greater oversight/control of a groundwater district's management plan. This will probably result in some type of review/approval by the TNRCC or peer review type process. 6. There will probably be an attempt by producers to require that production limits be based upon more science than political considerations. While the goal is laudable, I think this will be difficult to do in a law of statewide application to many different types of aquifers and considering the data that is available. However the fact that well spacing limits work well for the Ogallala aquifer, well spacing limits is not the best regulatory mechanism for the Trinity. Likewise, the 2 acre-foot per acre of land used in the Edwards legislation as a compromise with the farmers may not have any relevance to actual production limits from Edwards wells, and certainly not other aquifers such as the Trinity or Carrizo. 7. There will be increased request for funding of data collection efforts and perhaps a requirement for more formal training of well drillers regarding preparation of well logs to increase the veracity of the information that is submitted. Other matters. 1. The work group I was assigned to included representatives from at least nine groundwater districts. All of these districts had spacing requirements, but none applied the spacing requirement for permitted wells to required a minimum distance from exempt wells. 2. Brian Sledge, the former clerk of the House Natural Resources Committee, is now employed by the Austin law firm of Lloyd, Gosselink, etc. Lloyd-Gosselink lobbies for San Antonio. Considering San Antonio's representation on the House Natural Resource Committee and Brian's contacts within the committee and the rest of the House, San Antonio's legislative efforts relating to water should be monitored closely. 3. John Ashforth ofLBG Guyton suggested the regional planning groups put the recommendation for additional funding for data collection within the regional water plans due to be completed in September. This suggestion will apply to other changes in the law. Gloria Rivera and Bill Klempt will need to be vigilante in their review of the recommendation section in the regional plans and/or we need to prepare our own recommendations to be included in the regional plan. Kerry Sweatt From: Sent: To: Subject: Crockett Camp [crockett@bga.com] Tuesday, May 09, 2000 1:42 PM "Kerry R. Sweatt" TWDB loan for CRWA FYI Water Development Fund Loans The Water Development Board on April 19 approved $19,690,000 in Texas Water Development Fund loans for water or wastewater system improvements for five entities, as follows: * $10 million to the Canyon Regional Water Authority, which serves an area located in Atascosa, Bexar, Caldwell, Comal, Guadalupe, Hays, and Wilson Counties, for water system improvements that include construction of a series of projects to furnish member entities with reliable surface water supply for present and future needs. Most members currently rely solely on the Edwards Aquifer for water supply, pumping constraints implemented by the Edwards Aquifer Authority have brought the entities to seek new sources of potable water. CRWA will construct a 15-mile water transmission line from the Lake Dunlap water treatment plant to a proposed booster pump station near Cibolo; they will also construct a 3.0-million gallon ground storage tank. The facilities will serve Green Valley Special Utility District, Bexar Metropolitan Water District, the cities of Marion and Cibolo, and East Central Water Supply Corp. 1