SSLGC 01-21-1999
MINUTES OF THE SCHERTZ/SEGUIN
LOCAL GOVERNMENT CORPORATION
THE STATE OF TEXAS ~
COUNTY OF GUADALUPE ~
SCHERTZ/SEGUIN LOCAL ~
GOVERNMENT CORPORATION ~
On this, the 21st day of January, 1999, the Schertz/Seguin Local
Government Corporation convened at 1 :30 p.m. in the Conference Room of
the Schertz Municipal Complex located at 1400 Schertz Parkway, Schertz,
Texas with the following members being present and in attendance:
Robin Dwyer
Ramon Cook
Jim Wolverton
Sidney Bauer
Gloria Rivera
President
Vice-President
Secretary
Director
Director
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 Ken Greenwald, Eric Vordenbaum, Kerry Sweatt and Jack
Hamlett.
The meeting was called to order by President Robin Dwyer. The first order
of business was a staff briefing and board discussion of the
implementation and schedule for the water project. Mr. Sweatt deferred to
Crockett Camp who reviewed a draft of a scoping document covering most
of the work to be accomplished in 1999. Mr. Camp said the Board is being
asked today to consider the scope of the services to be performed by the
project engineer and the project groundwater consultant. After
consideration of these services, the Board will be asked to consider
adopting the broad time line. Budget numbers need to be included with
this. After the Board has considered the scope of services, the document
will be refined to reflect the Board's concern. At the next meeting the
Board will consider land acquisition and water rights acquisition.
President Dwyer inquired about feasibility studies and Mr. Camp indicated
those will probably be done at the same time a preliminary environmental
assessment is done to determine the types of permits needed.
Clay Roming covered several points at this time, saying (a) they need to
make a determination of how much water is needed and over what period
of time; (b) to determine where it is best to deliver water into the system;
(c) do an economic analysis which will include right-of-way costs; (d)
address the water quality; (e) end up with a final cost estimate; and, (f) end
up with a final report.
Director Rivera reported attending a meeting where they made it clear that
resources are limited. She felt they should be separate from the Edwards
and base their decisions on being self-sufficient in case of a drought. Mr.
Roming pointed out it will really change the economics of the system if
they can rely on the Edwards and/or the Guadalupe at peak times. Vice-
President Cook was in favor of basing the flow on our own sources.
President Dwyer commented he doesn't think anyone is abandoning their
current sources. Eric Vordenbaum noted peak time is when the Edwards
won't have water.
President Dwyer asked if the potential expense of the feasibility study is
known and Mr. Roming answered they have a good idea. Mr. Camp added
they are uneasy only about the cost of the environmental survey.
Director Rivera inidcated that at the Regional meeting yesterday they said
all entities had received a letter asking for a plan. Do we have any idea how
much water from the Carrizo can be included in that plan? Mr. Roming
suggested writing a letter and saying that data will be available by July 1,
1999. He feels they were given unrealistically low figures by the Water
Development Board. Mr. Hamlett related they gave higher numbers to the
cities, but then took away from the County. Mr. Sweatt thought it would be
a good idea to write a response on behalf of both cities.
Mr. Camp reminded the Board they do need to approve a time line today.
They will put numbers with the scope of services and then take that to the
cities. Mr. Hamlett stated they need those numbers fairly fast and Mr.
Camp assured him they will have those estimates the next time.
Mr. Bill Klemp informed the Board they need to conduct two pumping tests
and get better data from the observation wells. They need enough control
to see what the water levels are doing. He also described what they need
to do to obtain the permits which is anticipated will be by December of this
year.
President Dwyer asked Mr. Klemp to fill them in on what's been done to
date. Mr. Klemp reported they have looked at the chemistry, the well use,
the drawdown, the performance tests, the specific capacity, the
transmissivity, the well yields, and have conducted pumping tests.
Vice-President Cook asked who owns the 170,000 feet in the Carrizo now
and Mr. Klemp replied there are no claims on it yet. President Dwyer
observed if we get there first, then it will be Schertz and Seguin.
Secretary Wolverton inquired if there are any restrictions or any land use
controls over the recharge zone and Mr. Klemp answered, that at the
present time, there are not many restrictions.
Mr. Sweatt reported that he, Mr. Camp and Mr. Hamlett traveled to Corpus
Christi last week to study their project from Lake Texana to Corpus.
Corpus used a fast-tracking process. They took bids before the final
design was finished, they were still acquiring right-of-way when
construction began, there were variables in the types of materials and lots
of alternatives to encourage competition. Fast-tracking worked to keep
everybody focused. They recommend the fast-tracking process. They had
an attorney on call and immediately available. They did all the permits (for
particular items) at once. They used national permits when they could and
invited all the agencies in at once.
President Dwyer stated that, in terms of issuing bonds, they need an
overview of time and method. Jeffrey Kuhn of Fulbright & Jaworski noted
if the project is never built, then the cities will have to repay the bonds. He
assumes it will be a "take or pay" contract. The Corporation doesn't have
funds, so they have to take others in to reduce the risk to Schertz and
Seguin. It's not unreasonable to say 6-8 weeks after all the basics are
established.
President Dwyer asked, if during this process, Mr. Kuhn will be the attorney
for the cities and Mr. Kuhn replied he will be the bond counsel, but the
cities will have their own lawyers. He also recommends they have a
financial advisor. Vice-President Cook asked if the bond prices aren't as
good as ever now, and Mr. Kuhn replied that's correct.
Director Rivera asked Mr. Kuhn why the adversarial position and he replied
because one city may grow faster than another and need more water.
The second order of business was adoption of the project management
schedule. President Dwyer advised that Mr. Camp has submitted a
schedule as outlined in the handout. Vice-President Cook moved to adopt
the project management schedule as set out in the handout submitted by
Mr. Camp. Director Bauer seconded the motion, which carried by a
unanimous vote of all Directors present.
The third order of business was to consider recommendations to member
cities concerning water project implementation. Mr. Camp explained they
will put numbers with the project scoping document so the Board can
move forward. All Directors present agreed to that action.
The fourth order of business was consideration of resolutions regarding
reimbursement of certain expenditures from future bond proceeds.
The caption for Resolution No.1 read as follows:
AUTHORIZING REIMBURSEMENT BY THE SCHERTZ/SEGUIN LOCAL
GOVERNMENT CORPORATION TO THE CITY OF SCHERTZ, TEXAS AND
THE CITY OF SEGUIN, TEXAS FOR THE ADVANCEMENT OF EXPENSES
RELATING TO THE SCHERTZ/SEGUIN LOCAL GOVERNMENT
CORPORATION; AND OTHER MATTERS IN CONNECTION THEREWITH.
The caption for Resolution No.2 read as follows:
RELATING TO ESTABLISHING THE CORPORATION'S INTENTION TO
REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS
RELATING TO CONSTRUCTING VARIOUS CAPITAL INFRASTRUCTURE
IMPROVEMENTS TO THE CORPORATION'S UTILITY SYSTEM FROM THE
PROCEEDS OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE
CORPORATION FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER
MATTERS INCIDENT AND RELATED THERETO.
Director Rivera moved to adopt Resolution No. 1 and Resolution No. 2 as
described in the above captions. Secretary Wolverton seconded the
motion, which carried by a unanimous vote of all Directors present.
The fifth order of business was to consider action to select Southwest
Securities as financial advisor. Mr. Sweatt related he and Mr. Hamlett
asked that this item be placed on the agenda because they need to get a
financial advisor on board. Southwest Securities is used by by both
Schertz and Seguin and they see no problem with using them for this
project.
Director Bauer moved to approve the selection of Southwest Securities as
financial advisor for the Schertz/Seguin Local Government Corporation.
Vice-President Cook seconded the motion, which carried by a unanimous
vote of all Directors present.
Mr. Sweatt mentioned that the packet next week will contain the first set of
minutes. The following packet will contain the minutes from today's
meeting. Schertz is coordinating the agendas and packets if anyone needs
anything.
/
President Dwyer announced the next meeting will be held February 4th in
Seguin at 1 :30 p.m. in the Council Chambers. Secretary Wolverton offered
the use of the County Sub-Courthouse in Schertz if nothing else is
available for a meeting.
President Dwyer asked if there's any new business and Mr. Hamlett stated
they will have an investment policy drawn up by Mr. Kuhn at the next
meeting.
President Dwyer then asked if there was any other business for the Board
to consider and, none being offered, it was moved and seconded that the
meeting be adjourned. Upon a vote being taken, the motion carried by a
unanimous vote of all Dierectors present and the meeting was adjourned at
3:37 p.m.
MINUTES APPROVED this the
day of
. 1999.
Signatures of all Directors
Robin Dwyer, President
Ramon J. Cook, Vice-President
Jim Wolverton, Secretary
Sidney Bauer, Director
Gloria Rivera, Director