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GUADALUPE-BLANCO RIVER AUTHORITY Minutes of the Board of Directors
The Board of Directors of the Guadalupe-Blanco River Authority met in a regular
monthly meeting on May 18, 2005, at the GBRA River Annex Board Room, 905 Nolan,
Seguin, Guadalupe County, Texas. Directors present were John P. Schneider, Jr.,
Stephen F. Wilson, DVM, Myrna P. McLeroy, Frank J. Pagel, Frederick S. Schlather,
Jack R. Gary, Margaret M. Grier, and Clifton L. Thomas, Jr. Director Kathleen A.
Devine was absent. Also present were W. E. West, Jr., General Manager; Fred M.
Blumberg, Deputy General Manager and Chief Operations Officer; Alvin Schuerg,
Executive Manager of Finance and Administration; Randy Worden, Executive Manager
of Business Development and Resource Management; Gary Asbury, Manager of
Project Engineering; Judy Gardner, Manager of Communications and Education;
Tommy Hill, Chief Engineer; Debbie Magin, Director of Water Quality Services; John
Smith, Operations Manager-Upper Basin; Bryan Serold, Operations Manager-Lower
Basin; Tommie Streeter-Rhoad, Economic Development Manager; Todd H. Votteler,
Director of Natural Resources and Special Assistant to the General Manager; David
Welsch, Director of Project Development; Cricket Dietert, Executive Assistant to the
General Manager; Janet Thome, Trust Coordinator; Connie Rothe, Board Relations
Assistant; Tammy Beutnagel, Public Communications Assistant; Juan Gonzalez, Web
Master; Roger Nevola, legal counsel; Rose Marie Eash representing Dublin and
Associates, Inc.; David Engel, representing Engel and Associates, Inc.; Jamie Kathleen
Higgins, Cristal Lysette Renteria, Jason Ryan Eddleton, Chelsea Rochelle Humphrey,
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Meagan Lynn Rosa, Kelly Lauren Ochoa, and Amanda Monique Ojeda, GBRA 2005
scholarship recipients; Mary Ann Rodriquez; Janie Ojeda; Joseph Ochoa; Eva Ochoa;
Corey Brysch; Janice Humphrey; Jim Frost representing Frost and Allen; Keith Pyron
representing PBS&J; Frank Byrne representing the City of Woodcreek; Greg Bowen
representing the Victoria Advocate; and Janet Grafe representing the Seguin Gazette.
The meeting was called to order at 10:04 a.m. by Chairman Schneider who took
note of the certifications presented by the General Manager that notice of the meeting
had been properly posted in the office of the Secretary of State, in the Guadalupe
County Courthouse, and at the GBRA main office and river annex in Seguin, Texas,
pursuant to Title 5, Chapter 551 of the Government Code. A quorum being present, the
following proceedings were had:
Director McLeroy led the United States Pledge of Allegiance and the Texas
Pledge of Allegiance.
The Chairman called for comments from the public. There were no public
comments at this time.
Chairman Schneider called for Presentation of 2005 annual GBRA
Scholarships. Scholarships were presented to Jamie Kathleen Higgins a sophomore
at Victoria College, Cristal Lysette Renteria a graduate from Cuero High School, Jason
Ryan Eddleton a graduate from Prairie Lea High School, Chelsea Rochelle Humphrey a
graduate from Marion High School, Meagan Lynn Rosas a graduate from Refugio High
School, Kelly Lauren Ochoa a graduate from Yorktown High School, and Amanda
Monique Ojeda a graduate from Jack C. Hays School.
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The Chairman called for Items from the Chairman 1 - Consideration of and
possible action authorizing the expenditure of funds for Directors and staff to
attend the Texas Water Conservation Association Mid-Year Conference at Moody
Gardens Hotel in Galveston, Texas, June 22-24, 2005. Upon motion by Director
Wilson, seconded by Director Pagel, the Board unanimously authorized expenditure of
funds for Directors and staff to attend the Texas Water Conservation Association Mid-
Year Conference.
The Chairman then called for Consent Items 2 - Consideration of and
possible action approving the April 20, 2005 Board meeting minutes; 3 -
Consideration of and possible action approving the monthly financial report for
April 2005; 4 - Consideration of and possible action approving the monthly
operations report for April 2005; and 5 - Consideration of and possible action
approving Directors’ expense vouchers. Upon motion by Director Gary, seconded
by Director Thomas, the Board unanimously approved Consent Items 2, 3, 4, and 5.
Next, the Chairman called for Executive Report 6. General Manager West
asked the Board if there were any questions regarding the Executive Report. There
were no questions. Upon motion by Director Gary, seconded by Director Grier, the
Board unanimously accepted the Executive Report.
The Chairman called for Action Item 7 - Consideration of and possible action
authorizing amendments to the Fiscal Year 2005 Work Plan and Budget. GBRA
Board Policy 409 provides that the expenditure of non-budgeted funds requires
approval from the GBRA Board of Directors. Policy 409 requires that GBRA describe
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the proposed budget amendment and identify the amount and source of funding for the
non-budgeted expenditures. The budget amendment includes both revenue as well as
expenditure budget amendments. The proposed budget amendments aggregate to a
net cash requirement of $520,284. The largest single component of the proposed
amendment is in the Guadalupe Valley Hydroelectric Division in the approximate net
amount of $335,336 and which resulted from the November 2004 Guadalupe River
flood. The funds to pay all additional budget expenditures that are not otherwise
covered by additional generation revenue will come from the General Division in the
form of interfund loans. These interfund loans will be repaid to the General Division in
future years as expeditiously as possible. Upon motion by Director Gary, seconded by
Director McLeroy, the Board unanimously approved the Fiscal Year 2005 budget
amendment. A copy of the amendment is attached and made a part of these minutes.
Next, the Chairman called for Action Item 8 - Consideration of and possible
action approving Participation Criteria for Treated Water Service from the
Western Canyon Regional Treated Water Supply System. The GBRA Western
Canyon Regional Treated Water Supply System will provide treated surface water to
customers in Comal and Kendall Counties, as well as some water to Bexar County on a
returnable basis. With the project under construction, several existing customers, as
well as potential new customers, are pursuing increased commitments or new
commitments of water from the system. GBRA staff has discussed issues related to
increased or new commitments to customers of the Project. A briefing of issues was
presented to the Board at the April 20, 2005 Board meeting. Upon motion by Director
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Grier, seconded by Director Schlather, the Board unanimously approved the
Participation Criteria for Treated Water Service from the Western Canyon Regional
Treated Water Supply System. A copy of the Criteria is attached and made a part of
these minutes.
The Chairman then called for Action Item 9 - Consideration and approval to
enter into an Interlocal Agreement with Kerr County, approval for GBRA to be the
local sponsor of the project and authorization to expend $61,000 as the 50
percent (50%) local match for the project. Agenda item 9 was pulled from the
agenda. There was no discussion or action.
The Chairman called for Action Item 10 - Consideration of and possible
action approving an Agreement between GBRA and the City of Fair Oaks Ranch
for water system improvements to the Fair Oaks Ranch water supply system.
GBRA is constructing a portion of the water transmission pipeline for the Western
Canyon Regional Treated Water Supply System along the western boundary of Fair
Oaks Ranch. The City of Fair Oaks Ranch has prepared plans and obtained funding to
construct internal water delivery facilities along the same alignment being utilized by
GBRA for the Western Canyon Regional Treated Water Supply System. The City of
Fair Oaks Ranch has requested that GBRA authorize its Western Canyon Regional
Treated Water Supply System contractor to install facilities for Fair Oaks Ranch
concurrent with the facilities being installed for GBRA. Fair Oaks Ranch will reimburse
GBRA for all costs associated with its pipeline. Upon motion by Director Gary,
seconded by Director Grier, the Board unanimously authorized the General Manager to
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enter into an Agreement with the City of Fair Oaks Ranch providing for the GBRA to
install certain water distribution facilities for the City of Fair Oaks Ranch. A copy of the
Agreement is attached and made a part of these minutes.
The Chairman then called for Action Item 11 - Consideration of and possible
action approving a Resolution by the Board of Directors of Guadalupe-Blanco
River Authority declaring a public necessity for the acquisition of certain water
pipeline easements and temporary construction easements and certain fee
estates for the IH-35 Water Transmission Main Project in connection therewith,
over, across, upon and under certain privately owned and public properties;
authorizing all appropriate action by the General Manager, staff, and retained
attorneys and engineering and technical consultants in the institution and
prosecution of condemnation proceedings to acquire any such needed fee
estates and easements and temporary construction easements and related rights
of ingress and egress that cannot be acquired through negotiation; declaring
further negotiations futile; ratifying and affirming all acts and proceedings
heretofore done or initiated by employees, agents, and attorneys of GBRA to
acquire such property interests; authorizing all other lawful action necessary and
incidental to such acquisitions or eminent domain proceedings to survey,
specify, define, and secure the necessary interests in real property, declaring the
sections of the Resolution to be severable one from the other in the event any
section of this Resolution is determined to be invalid; said properties to be
identified to wit: Tract D-3 Julia Joseph Sawyer, Charles D. Sawyer and Donald J.
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Sawyer, being approximately 1.864 acre of permanent easement, and 2.414 acre
of temporary easement, and being part of a called 110.69 acre tract of land in the
Jesse B. Eaves Survey No. 5, Abstract No. 166 in Hays County, Texas conveyed to
Julia J. Sawyer, Charles D. Sawyer, and Donald J. Sawyer by deed recorded in
Volume 1344, Page 846 of the Deed Records of Hays County, Texas (D.R.H.C.T.),
attached as Exhibit “A”; Tract D-4 Julia Joseph Sawyer, Charles D. Sawyer and
Donald J. Sawyer, being approximately .983 acre of permanent easement, and
1.310 acre of temporary easement, and being a portion out of a 22.170 acre tract
and a 30.13 acre tract of land in the Jesse B. Eaves Survey No. 5, Abstract No.
166 in Hays County, Texas conveyed to Julia J. Sawyer, Charles D. Sawyer, and
Donald J. Sawyer by deed recorded in Volume 1344, Page 851 of the Deed
Records of Hays County, Texas (D.R.H.C.T.), attached as Exhibit “B”; Tract D-4A
Julia Joseph Sawyer, Charles D. Sawyer and Donald J. Sawyer, being
approximately .020 acre of permanent easement, and .027 acre of temporary
easement, and being a portion out of a 36.81 acre tract of land in the Jesse B.
Eaves Survey No. 5, Abstract No. 166 in Hays County, Texas conveyed to Julia J.
Sawyer, Charles D. Sawyer, and Donald J. Sawyer by deed recorded in Volume
1344, Page 854 of the Deed Records of Hays County, Texas (D.R.H.C.T.), attached
as Exhibit “C”; Tract D-4B Julia Joseph Sawyer, Charles D. Sawyer and Donald J.
Sawyer, being approximately .985 acre of permanent easement, and .916 acre of
temporary easement, and being a portion out of a 22.17 acre tract of land in the
Jesse B. Eaves Survey No. 5, Abstract No. 166 in Hays County, Texas conveyed to
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Julia J. Sawyer, Charles D. Sawyer, and Donald J. Sawyer by deed recorded in
Volume 329, Page 405 of the Deed Records of Hays County, Texas (D.R.H.C.T.),
attached as Exhibit “D”; Tract D-4C Chase Baromeo, being approximately .328
acre of permanent easement and .181 acre of temporary easement, and being a
portion out of eight (8) acres out of the J.B. Eaves Survey, Abstract No. 166, Hays
County, Texas describe din Volume 290, Page 395, Deed Records, Hays County,
Texas, attached as Exhibit “E”; Tract D-5A Austin Blue Sky Investments, Inc., a
Texas Corporation, being approximately .117 acre of permanent easement, and
.117 acre of temporary easement, and being a portion out of a 61.305 acre tract of
land in the George Herder Survey, Abstract No. 239 in Hays County, Texas
described in deed recorded in Volume 2580, Page 566 of the Deed Records of
Hays County, Texas, attached as Exhibit “F”; Tract D-7 John D. Cavness, Jr.,
Dorene Ray, Trustee for the Dorene Ray Trust, and Denise Cavness, Trustee for
the Denise Cavness Trust, being approximately 1.801 acre of permanent
easement, and 2.337 acre of temporary easement, and being a portion out of a
40.225 acre tract of land in the Trinidad Varcinas Survey, Abstract No. 465, and
the George Herder Survey, Abstract No. 239 in Hays County, Texas described in
deed recorded in Volume 1047, Page 667, Volume 1047, Page 662, Volume 2080,
Page 653, and Volume 2062, Page 661 of the Deed Records of Hays County,
Texas, attached as Exhibit “G”; and Tract D-9 John D. Cavness, Jr., Dorene Ray,
Trustee for the Dorene Ray Trust, and Denise Cavness, Trustee for the Denise
Cavness Trust, being approximately .235 acre of permanent easement, and .256
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acre of temporary easement, and being a portion out of a 40.225 acre tract of land
in the Trinidad Varcinas Survey, Abstract No. 465, and the George Herder Survey,
Abstract No. 239 in Hays County, Texas described in deed recorded in Volume
1047, Page 667, Volume 1047, Page 662, Volume 2080, Page 653, and Volume
2062, Page 661 of the Deed Records of Hays County, Texas, attached as Exhibit
“H”. Water supply agreements for delivery of treated water service by Guadalupe-
Blanco River Authority (GBRA) from the IH-35 Water Transmission Main Project have
been executed between the City of Kyle, the City of Buda, GoForth Water Supply
Corporation, and GBRA. Proceedings in eminent domain are necessary to acquire
certain properties for the IH-35 Transmission Water Main Project. Efforts to negotiate
for the acquisition of some of these properties have been unsuccessful. The Board was
informed that a settlement has been reached on Tract D-3 Julia Joseph Sawyer,
Charles D. Sawyer and Donald J. Sawyer, being approximately 1.864 acre of
permanent easement, and 2.414 acre of temporary easement, and being part of a
called 110.69 acre tract of land in the Jesse B. Eaves Survey No. 5, Abstract No. 166 in
Hays County, Texas conveyed to Julia J. Sawyer, Charles D. Sawyer, and Donald J.
Sawyer by deed recorded in Volume 1344, Page 846 of the Deed Records of Hays
County, Texas (D.R.H.C.T.); Tract D-4 Julia Joseph Sawyer, Charles D. Sawyer and
Donald J. Sawyer, being approximately .983 acre of permanent easement, and 1.310
acre of temporary easement, and being a portion out of a 22.170 acre tract and a 30.13
acre tract of land in the Jesse B. Eaves Survey No. 5, Abstract No. 166 in Hays County,
Texas conveyed to Julia J. Sawyer, Charles D. Sawyer, and Donald J. Sawyer by deed
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recorded in Volume 1344, Page 851 of the Deed Records of Hays County, Texas
(D.R.H.C.T.); Tract D-4A Julia Joseph Sawyer, Charles D. Sawyer and Donald J.
Sawyer, being approximately .020 acre of permanent easement, and .027 acre of
temporary easement, and being a portion out of a 36.81 acre tract of land in the Jesse
B. Eaves Survey No. 5, Abstract No. 166 in Hays County, Texas conveyed to Julia J.
Sawyer, Charles D. Sawyer, and Donald J. Sawyer by deed recorded in Volume 1344,
Page 854 of the Deed Records of Hays County, Texas (D.R.H.C.T.); and Tract D-4B
Julia Joseph Sawyer, Charles D. Sawyer and Donald J. Sawyer, being approximately
.985 acre of permanent easement, and .916 acre of temporary easement, and being a
portion out of a 22.17 acre tract of land in the Jesse B. Eaves Survey No. 5, Abstract
No. 166 in Hays County, Texas conveyed to Julia J. Sawyer, Charles D. Sawyer, and
Donald J. Sawyer by deed recorded in Volume 329, Page 405 of the Deed Records of
Hays County, Texas (D.R.H.C.T.) and staff requested the tracts be removed from the
Resolution. Upon motion by Director Gary, seconded by Director McLeroy, the Board
unanimously approved a Resolution, as amended, by the Board of Directors of
Guadalupe-Blanco River Authority declaring a public necessity for the acquisition of
certain water pipeline easements and temporary construction easements and certain
fee estates for the IH-35 Water Transmission Main Project in connection therewith,
over, across, upon and under certain privately owned and public properties; authorized
all appropriate action by the General Manager, staff, and retained attorneys and
engineering and technical consultants in the institution and prosecution of
condemnation proceedings to acquire any such needed fee estates and easements and
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temporary construction easements and related rights of ingress and egress that cannot
be acquired through negotiation; declared further negotiations futile; ratified and
affirmed all acts and proceedings heretofore done or initiated by employees, agents,
and attorneys of GBRA to acquire such property interests; authorized all other lawful
action necessary and incidental to such acquisitions or eminent domain proceedings to
survey, specify, define, and secure the necessary interests in real property, declared
the sections of the Resolution to be severable one from the other in the event any
section of this Resolution is determined to be invalid. A copy of the Resolution as
amended is attached and made a part of these minutes.
Next, the Chairman called for Action Item 12 - Consideration of and possible
action approving a Resolution by the Board of Directors of Guadalupe-Blanco
River Authority declaring a public necessity for the acquisition of certain water
pipeline easements and temporary construction easements and certain fee
estates for the Western Canyon Regional Treated Water Delivery Project or
System in connection therewith, over, across, upon and under certain privately
owned real properties; authorizing all appropriate action by the General Manager,
staff, and retained attorneys and engineering and technical consultants in the
institution and prosecution of condemnation proceedings to acquire any such
needed fee estates and easements and temporary construction easements and
related rights of ingress and egress that cannot be acquired through negotiation;
declaring further negotiations futile; ratifying and affirming all acts and
proceedings heretofore done or initiated by employees, agents, and attorneys of
XLIX – 5/18/05 110
GBRA to acquire such property interests; authorizing all other lawful action
necessary and incidental to such acquisitions or eminent domain proceedings to
survey, specify, define, and secure the necessary interests in real property;
declaring the sections of the Resolution to be severable one from the other in the
event any section of this Resolution is determined to be invalid; said properties
to be identified to wit: Tract I-5 Jerry Hicks and Esther Hicks, being
approximately .173 acre of permanent easement and .423 acre of temporary
easement, and being out of a 21.476 acre tract of land as recorded and conveyed
to Jerry S. Hicks and Esther W. Hicks in Warranty Deed with Vendor’s Lien
recorded in Volume 10329, Pages 1139-1141 of the Official Public Records of Real
Property of Bexar County, Texas, being out of the W.H. Hughes Survey No. 173,
Abstract No. 340, County, Block 4707 of Bexar County, Texas, attached as Exhibit
“A”; Tract I-6 Jerry S. Hicks and Esther W. Hicks, being approximately .151 acre
of permanent easement and .240 acre of temporary easement, and being out of
Lot 1, Block 4 Hicks Property Subdivision recorded in Volume 9559, Page 89 of
the Deed and Plat Records of Bexar County, Texas, attached as Exhibit “B”; and
Tract K-19 Obie N. Marlar & Carolyn H. Marlar, being approximately .453 acre of
permanent easement and .453 acre of temporary easement, and being out of a
38.021 acre tract recorded and conveyed to Obie N. Marlar & Carolyn H. Marlar, in
Volume 6125, Pages 43-45 of the Official Public Records of Real Property
Records in Bexar County, Texas, out of the L. Bulverde Survey Number 195,
Abstract 51, County Block 4860 and G. Herrera Survey Number 192, Abstract 307
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of Bexar County, Texas, attached as Exhibit “C”. Water supply agreements for
treated water service by GBRA from the Western Canyon Regional Treated Water
Supply Project have been executed with San Antonio Water System, San Antonio River
Authority, the City of Boerne, the City of Fair Oaks Ranch, the City of Bulverde, Tapatio
Springs Resorts/Kendall Water Utility, Cordillera Ranch and Johnson Ranch.
Proceedings in eminent domain are necessary to acquire certain properties for the
Western Canyon Regional Treated Water Supply Project. Efforts to negotiate for the
acquisition of these properties have been unsuccessful. Upon motion by Director Grier,
seconded by Director Wilson, the Board unanimously approved a Resolution by the
Board of Directors of Guadalupe-Blanco River Authority declaring a public necessity for
the acquisition of certain water pipeline easements and temporary construction
easements and certain fee estates for the Western Canyon Regional Treated Water
Delivery Project or System in connection therewith, over, across, upon and under
certain privately owned real properties; authorized all appropriate action by the General
Manager, staff, and retained attorneys and engineering and technical consultants in the
institution and prosecution of condemnation proceedings to acquire any such needed
fee estates and easements and temporary construction easements and related rights of
ingress and egress that cannot be acquired through negotiation; declared further
negotiations futile; ratified and affirmed all acts and proceedings heretofore done or
initiated by employees, agents, and attorneys of GBRA to acquire such property
interests; authorized all other lawful action necessary and incidental to such
acquisitions or eminent domain proceedings to survey, specify, define, and secure the
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necessary interests in real property; declared the sections of the Resolution to be
severable one from the other in the event any section of this Resolution is determined
to be invalid. A copy of the Resolution is attached and made a part of these minutes.
The Chairman then called for Action Item 13 - Consideration of and possible
action approving a Resolution by the Board of Directors of Guadalupe-Blanco
River Authority declaring a public necessity for the acquisition of certain water
pipeline easements and temporary construction easements and certain fee
estates for the Western Canyon Regional Treated Water Delivery Project or
System in connection therewith, over, across, upon and under certain privately
owned real properties; authorizing all appropriate action by the General Manager,
staff, and retained attorneys and engineering and technical consultants in the
institution and prosecution of condemnation proceedings to acquire any such
needed fee estates and easements and temporary construction easements and
related rights of ingress and egress that cannot be acquired through negotiation;
declaring further negotiations futile; ratifying and affirming all acts and
proceedings heretofore done or initiated by employees, agents, and attorneys of
GBRA to acquire such property interests; authorizing all other lawful action
necessary and incidental to such acquisitions or eminent domain proceedings to
survey, specify, define, and secure the necessary interests in real property;
declaring the sections of the Resolution to be severable one from the other in the
event any section of this Resolution is determined to be invalid; said properties
to be identified to wit: Tract J-3 Thomas Anthony Wirth, Jr., Clark Pennington
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Wirth, Holly Marie Hindt, Brian Ray Hindt, Lawrence Anthony Hindt, Sandra Hindt
Dibrell, Ferdinand Leo Wirth, III, Lisa Wirth Brown, Carol Lee Wirth, as Custodian
for Catherine Montague Stewart under the Texas Uniform Gift to Minors Act;
Thomas A. Wirth, Sr., as Custodian for Katherine Elizabeth Wirth under the Texas
Uniform Gift to Minors Act; Thomas A. Wirth, Sr., as Custodian for Emily
Perryman under the Texas Uniform Gift to Minors Act; and Thomas A. Wirth, Sr.,
as Custodian for Laura Lynn Wirth under the Texas Uniform Gift to Minors Act,
being approximately .479 acre of permanent easement and .453 acre of temporary
easement, and being out of a 22.263 acre tract as recorded and conveyed to Wirth
Heirs Joint Venture in Document Number 9806013009 of Official Records of
Comal County, Texas, out of the Guadalupe Herrera Survey No. 192, Abstract No.
206 of Comal County, and the Agapito Gaytan Survey No. 94, Abstract No. 174,
attached as Exhibit “A; and Tract J-3A_Thomas Anthony Wirth, Jr., Clark
Pennington Wirth, Holly Marie Hindt, Brian Ray Hindt, Lawrence Anthony Hindt,
Sandra Hindt Dibrell, Ferdinand Leo Wirth, III, Lisa Wirth Brown, Carol Lee Wirth,
as Custodian for Catherine Montague Stewart under the Texas Uniform Gift to
Minors Act; Thomas A. Wirth, Sr., as Custodian for Katherine Elizabeth Wirth
under the Texas Uniform Gift to Minors Act; Thomas A. Wirth, Sr., as Custodian
for Emily Perryman under the Texas Uniform Gift to Minors Act; and Thomas A.
Wirth, Sr., as Custodian for Laura Lynn Wirth under the Texas Uniform Gift to
Minors Act, being approximately 1.914 acre of permanent easement and .799 acre
of temporary easement, and being out of a 4.556 acre tract as recorded and
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conveyed to Wirth Heirs Joint Venture in Document Number 9806013009 of
Official Records of Comal County, Texas, out of the Guadalupe Herrera Survey
No. 192, Abstract No. 206 of Comal County, and the Agapito Gaytan Survey No.
94, Abstract No. 174, attached as Exhibit “B”; and J-3B Thomas A. Wirth, being
approximately .608 acre of permanent easement and .387 acre of temporary
easement, and being out of a 21.967 acre tract as recorded and conveyed to
Thomas A. Wirth in document number 9806015969 of Official Records of Comal
County, Texas, out of the Guadalupe Herrera Survey No. 192, Abstract 206, of
Comal County, Texas, attached as Exhibit “C”. Water supply agreements for
treated water service by GBRA from the Western Canyon Regional Treated Water
Supply Project have been executed with San Antonio Water System, San Antonio River
Authority, the City of Boerne, the City of Fair Oaks Ranch, the City of Bulverde, Tapatio
Springs Resorts/Kendall Water Utility, Cordillera Ranch and Johnson Ranch.
Proceedings in eminent domain are necessary to acquire certain properties for the
Western Canyon Regional Treated Water Supply Project. Efforts to negotiate for the
acquisition of some of these properties have been unsuccessful. The Board was
informed that a settlement has been reached on J-3B Thomas A. Wirth, being
approximately .608 acre of permanent easement and .387 acre of temporary easement,
and being out of a 21.967 acre tract as recorded and conveyed to Thomas A. Wirth in
document number 9806015969 of Official Records of Comal County, Texas, out of the
Guadalupe Herrera Survey No. 192, Abstract 206, of Comal County, Texas, and staff
requested the tract be removed from the Resolution. Upon motion by Director Grier,
XLIX – 5/18/05 115
seconded by Director Schlather, the Board unanimously approved a Resolution, as
amended, by the Board of Directors of Guadalupe-Blanco River Authority declaring a
public necessity for the acquisition of certain water pipeline easements and temporary
construction easements and certain fee estates for the Western Canyon Regional
Treated Water Delivery Project or System in connection therewith, over, across, upon
and under certain privately owned real properties; authorized all appropriate action by
the General Manager, staff, and retained attorneys and engineering and technical
consultants in the institution and prosecution of condemnation proceedings to acquire
any such needed fee estates and easements and temporary construction easements
and related rights of ingress and egress that cannot be acquired through negotiation;
declared further negotiations futile; ratified and affirmed all acts and proceedings
heretofore done or initiated by employees, agents, and attorneys of GBRA to acquire
such property interests; authorized all other lawful action necessary and incidental to
such acquisitions or eminent domain proceedings to survey, specify, define, and secure
the necessary interests in real property; declared the sections of the Resolution to be
severable one from the other in the event any section of this Resolution is determined
to be invalid. A copy of the Resolution as amended is attached and made a part of
these minutes.
Chairman Schneider restated for the record that the GBRA Board is extremely
sensitive to personal property rights and that the GBRA staff makes every effort to
negotiate a settlement before requesting authorization to initiate condemnation
proceedings.
XLIX – 5/18/05 116
The Chairman called for Action Item 14 - Consideration of and possible
action authorizing the General Manager to negotiate and enter into a contract
with the lowest responsible bidder or reject all bids for the IH-35, Phase 3 Water
Transmission Project. Bid documents and specifications were developed and
properly advertised. Bids were received from Key Enterprises, Inc., Lewis Contractors,
Inc., S.J. Lewis Construction, and Keystone Construction. Bids were publicly opened
May 6, 2005. Upon motion by Director Gary, seconded by Director Pagel, the Board
unanimously authorized the General Manager to enter into a contract for $3,927,373.00
with Key Enterprises, of Austin, Texas, the lowest qualified bidder for the construction
of the IH-35 Project-Phase 3, Water Transmission Main and to approve a five percent
(5%) contingency fee ($196,368.65) to be utilized by staff for unknown items that may
occur during construction. Total authorization is for $4,123,741.65.
Next, the Chairman called for Action Item 15 - Consideration of and possible
action authorizing the General Manager to negotiate and enter into a contract
with the lowest responsible bidder or reject all bids for the Dunlap Wastewater
Treatment Plant 0.95 mgd expansion. Due to the growth in the area southwest of
New Braunfels, an expansion of the Dunlap Wastewater Treatment Plant is required.
The existing 0.16 MGD plant capacity must be expanded to 0.95 MGD to handle
GBRA’s contract with Legend Pond Subdivision developer and to provide for future
growth. GBRA has received the draft permit for the treatment plant and anticipates
receiving the final permit within 9 weeks. GBRA has voluntarily asked for a phosphorus
limitation within the permit. The engineering consultants, Turner, Collie and Braden,
XLIX – 5/18/05 117
completed plans and specifications in March and the Request for Bids was published
on April 11, 2005. Seven general contractors requested plans and specifications. On
May 5, 2005, bids were opened with 3 contractors submitting bids. The staff
recommended the construction contract be awarded to Bryan Construction Company
and accept their Base Bid plus alternates 1, 2 and 4 for a total contract amount of
$3,319,660.00. Alternate Bid Item 3, Sludge Dewatering Facility, can be delayed for
several years. Alternate Bid Item 5 will not be accepted. Upon motion by Director
Gary, seconded by Director Wilson, the Board unanimously awarded the construction
contract for the GBRA Dunlap Wastewater Treatment Plant 0.95 Expansion to the
lowest responsible bidder, Bryan Construction Company of Bryan, Texas, in the amount
of $3,319,660.00.
The Chairman called for Action Item 16 - Consideration of and possible
action authorizing the General Manager to negotiate and enter into a contract
with the lowest responsible bidder or reject all bids for the San Marcos Pipeline -
Raw Water Transmission Pipeline Relocation. Mr. Randall Morris is developing the
Cottonwood Creek Subdivision approximately five miles south of the City of San Marcos
on Highway 123. The construction of a new street, Monterrey Oaks, will cross the
existing GBRA/San Marcos Raw Water Transmission Pipeline. To accommodate the
crossing, the 30-inch diameter pipeline must be lowered five to six feet. GBRA has
agreed to relocate the pipeline provided Mr. Morris pays for all engineering and
construction costs. Bids were provided to Mr. Morris for acceptance or rejection.
Funds for the construction will be placed into an escrow account or a Letter of Credit
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provided prior to construction. Construction documents were completed in April and an
Invitation to Bid published. Bids were publicly opened on May 17, 2005. Upon motion
by Director Gary, seconded by Director Thomas, the Board unanimously awarded the
GBRA–San Marcos Pipeline–Raw Water Transmission Pipeline Relocation to Lewis
Contractors of Austin, Texas, the lowest responsible bidder, in the amount of $157,500,
contingent upon acceptance of the bid by the developer.
The Chairman called for Action Item 17 - Consideration of and possible
action adopting a Resolution in support of the recommendations of the Regional
Wastewater Facility Planning Study, Eastern Hays County, Texas. GBRA and
Hays County obtained a Texas Water Development Board Grant to perform a Regional
Wastewater Feasibility Study for Eastern Hays County, Texas. The firm of PBS&J, the
selected consultant, performed the study and ascertained the current land use,
development, and population densities in the study area, delineated areas to be served
by wastewater treatment facilities and those that are currently being served by septic
tanks, and investigated the benefits and opportunities for regionalization of wastewater
treatment facilities. Mr. Keith Pyron of PBS&J gave a presentation on the study results.
The final report recommends the development of a water quality protection plan that
considers economic, environmental and policy aspects. The key elements of the plan
include smaller regional facilities that minimize the cost of wastewater pumping and
provide service to more locations; treatment of wastewater to a higher level than would
normally be required for discharge to intermittent streams in the area; an emphasis on
wastewater reuse to both minimize downstream effects on ponds and receiving creeks
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and minimize potable water demands; and public operation of the regional facilities to
provide a high level of confidence that the facilities will be well operated and
maintained. Upon motion by Director Gary, seconded by Director Grier, the Board
unanimously accepted the recommendations of the Regional Wastewater Feasibility
Study for Eastern Hays County, Texas and adopted the Study.
Next, the Chairman called for Action Item 18 - Consideration of and possible
action authorizing the General Manager to complete negotiations and execute an
Option Agreement with the Luling Foundation for the purchase of Water
Appropriation Permit No. 18-5234A. GBRA is diverting and treating water for the
cities of Luling and Lockhart under a water right owned by GBRA (Certificate of
Adjudication 18-3896). Certificate 18-3896 authorizes GBRA to divert up to 2,800 acre-
feet of water per year (2.5 mgd) from the San Marcos River at the Luling Water
Treatment Plant. As the two cities grow, and if GBRA wants to maximize the long-term
utility of the recently completed Luling-Lockhart Pipeline Project, GBRA will eventually
need additional water rights. The capacity of the pipeline from Luling to Lockhart is
approximately 1.5 mgd. Since 2002 GBRA has been discussing with the Luling
Foundation the lease or purchase of the Foundation’s water right (Water Appropriation
Permit No. 18-5234A). The permit authorizes the Foundation to divert up 1,022 acre-
feet of water per year (0.91 mgd) from the San Marcos River for municipal, industrial
and agricultural (irrigation) purposes at five different diversion points, one of which is
just upstream of GBRA’s diversion point for the Luling Water Treatment Plant. The
Board of Directors of the Foundation has decided to sell the water right to GBRA under
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the terms of a Proposal Outline dated May 6, 2005. The purchase of this water right
will provide a source of water for continued use for the City of Lockhart of the new
pipeline, even after the City of Luling is fully utilizing the GBRA water rights currently
supplying the Luling Water Treatment Plant. At some point an expansion of the Luling
Water Treatment Plant would be required to treat all of the water available under the
existing water right and the one GBRA would be purchasing from the Foundation. By
executing an Option Contract, GBRA will be agreeing to file an application with the
Texas Commission on Environmental Quality to amend the Foundation’s water right so
that water can be diverted at the Luling Water Treatment Plant. If GBRA is satisfied
with the amended water right, GBRA would then enter into a lease-purchase agreement
with the Luling Foundation. The amended water right would authorize GBRA to divert
and treat at the Luling Water Treatment Plant up to 0.91 mgd of water (in addition to the
current authorization of 2.5 mgd) for use for the Cities of Lockhart and/or Luling. Upon
motion by Director Schlather, seconded by Director McLeroy, the Board unanimously
authorized the General Manager to complete negotiations and execute an Option
Agreement with the Luling Foundation for the purchase of Water Appropriation Permit
No. 18-5234A.
The Chairman then called for Action Item 19 - Consideration of and possible
action ratifying the leases with BexarMet Water District and Canyon Lake Water
Supply Corporation relating to the temporary supply of water by GBRA to the City
of Bulverde and possibly other users. General Manager West briefed the Board on
negotiations with BexarMet Water District and Canyon Lake Water Supply Corporation
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relating to the lease of pipeline capacity. Upon motion by Director Grier, seconded by
Director Gary, the Board unanimously ratified the form of proposed leases with
BexarMet Water District and Canyon Lake Water Supply Corporation relating to the
temporary supply of water by GBRA to the City of Bulverde and possibly other users. A
copy of the leases are attached and made a part of these minutes.
The Chairman called for Action Item 19a – Consideration of and possible
action authorizing the General Manager to complete settlement negotiations with
BexarMet Water Supply District and Canyon Regional Water Authority with final
agreements to be ratified by the GBRA Board in June 2005. No action was taken at
this time.
Next, the Chairman called for Action Item 20 - Consideration of and possible
action authorizing the General Manager to evaluate actions of the 79th
Legislature, Regular Session, affecting the Lower Guadalupe Water Supply
Project and to take all actions the General Manager deems necessary or
appropriate in response to such Legislative actions. A time line of historic
legislative and water related activities was discussed including Senate Bill 1477, a
Memorandum of Understanding with San Antonio Water System and San Antonio River
Authority, the drought of 1996, Senate Bill 1 and the State water planning process, the
Region L Plan, a contract entered into in May 2001 with San Antonio Water System and
San Antonio River Authority, Senate Bill 2 adopted in May 2003, and Senate Bill 3
pending in the Legislature. General Manager West briefed the Board on a side-by-side
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comparison of Senate Bill 1477 to the proposed Article 5 of Senate Bill 3. Discussion
was also had regarding the groundwater section of Senate Bill 3. No action was taken.
The Chairman called for Discussion Item 21 - Discussion regarding Base
Flow Report, Water Quality Index, and condition of the Guadalupe Basin. The
reports were discussed.
Next, the Chairman called for Discussion Item 22 - Discussion regarding the
Service Contract for operation of the San Marcos Water Treatment Plant.
Discussion was had regarding a service contract between GBRA and the City of San
Marcos for operation of the San Marcos Water Treatment System, including the water
treatment plant and the City’s wells. GBRA staff has met with the City of San Marcos to
discuss the contract. The service contract will be presented for approval at the June or
July Board meeting.
The Chairman then called for Discussion Item 23 - Discussion regarding
economic development activities. Tommie Streeter-Rhoad made a presentation to
the Board on GBRA’s economic development activities. The Board was briefed on rural
development activities in the following counties: Kendall County - work with City and
County Officials, Greater Boerne Chamber of Commerce, Kendall County Fair
Association, Cibolo Nature Center, and an Economic Development Summit; Comal
County - Bulverde/Spring Branch Library, Bulverde/Spring Branch Chamber of
Commerce, Taste of the Hills, Jumbo Evans Sports Park, St. Jude’s Ranch for
Children, Canyon Lake Chamber of Commerce, Randolph Air Force Base Fire Works,
CRRC, Habitat for Safe Seniors, Greater New Braunfels Chamber of Commerce,
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annual Legislative Conference, Sophienburg Museum, Comal County Sheriff’s Posse,
and Comal County Public School Foundation; Hays County - Wimberley Chamber of
Commerce, Village of Wimberley, Blue Hole Project, San Marcos Chamber of
Commerce, and Hays County Youth Livestock Association; Caldwell County - work with
City and County Officials at the City of Lockhart and Luling, Lockhart Chamber of
Commerce, Chisholm Trail Round-Up, Luling Chamber of Commerce, Luling
Watermelon Thump, Luling Area Oil Museum, Luling Economic Development
Corporation, and Luling Main Street Program; Guadalupe County - Seguin Chamber of
Commerce, Buck Fever, Seguin Economic Development Corporation, Seguin Main
Street Program, The Silver Center (VA Clinic), Hospice of Guadalupe Valley Hospital,
Guadalupe County Fair Association, and Guadalupe County Youth Livestock Show;
Gonzales County - Belmont Volunteer Fire Department, work with City and County
Officials, Gonzales Chamber of Commerce, Come and Take It Association, Gonzales
Historic Homes Association, Gonzales Learning Center, Gonzales Foster Children’s
Christmas, and Independence Park; DeWitt County - Cuero Chamber of Commerce,
Cuero Senior Citizen’s Center, Chisholm Trail Heritage Museum, DeWitt Technology
Center, DeWitt County Historical Association, Dewitt and Cuero Development
Corporation, and Yoakum City Officials; Victoria County - Victoria Chamber of
Commerce, Macaronifest, Economic Development Corporation, Riverside Stadium,
Victoria County Sheriff’s Department, Victoria Police Department, and University of
Houston at Victoria; Calhoun County - Port Lavaca Chamber of Commerce, Crabfest,
Port Lavaca Economic Development Corporation, and Calhoun County Fair
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Association; and Refugio County - The Wetlands Connection Center, Refugio Chamber
of Commerce, Community Development Foundation, City of Tivoli officials, and City of
Austwell officials. The Board was also informed on several special projects including
the Texas Water Safari, Zedler Mill, Zedler Mill Classic Texas Canoe Racer’s
Association, MTV music video at Zedler Mill, the Canyon Reservoir Gorge Project, the
Roland and Viola Bindseil Park, and the Fannin Volunteer Fire Department. The Board
was informed of several prospective projects including a river trail, tree farm, and
aluminum can refund program.
Next, the Chairman called for Discussion Item 24 - Discussion regarding
GBRA’s “Our Day to Shine” and “Relay for Life”. Connie Rothe made a
presentation to the Board regarding GBRA’s “Our Day to Shine”. The Cuero Senior
Citizen’s Center was the 2005 project. The Center serves over 400 people in the
community. The Board was also briefed on the Rely for Life 2005 event.
The Chairman called for Items from the General Manager 25 - Discussion
regarding the 79th Legislative Session. General Manager West informed the Board
on legislative activities including proposed water bills and groundwater issues.
Next, the Chairman called for Items from the General Manager 26 - Discussion
regarding Senate Bill 1 planning and water resource issues. The Board was
briefed on a schedule of Plan activities and upcoming public hearings.
The Chairman then called for Items from the General Manager 27 -
Discussion regarding the Edwards Aquifer Authority and South Central Texas
Water Advisory Committee. There was no discussion on this item.
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The Chairman called for Items from the General Manager 28 - Status report
regarding the Guadalupe-Blanco River Trust. The Board was informed on activities
of the Trust including a Land Conservation Workshop held in Kerrville, the Whitmire
Project activities, and the next meeting scheduled for June 7, 2005.
The Chairman recessed the open meeting at 12: 25 p.m. The Chairman closed
the open meeting and convened the meeting in Executive Session at 12:45 p.m. The
meeting reconvened in open session at 2:15 p.m.
The Chairman called for Action Item 19a – Consideration of and possible
action authorizing the General Manager to complete settlement negotiations with
BexarMet Water Supply District and Canyon Regional Water Authority with final
agreements to be ratified by the GBRA Board in June 2005. Upon motion by
Director Grier, seconded by Director Schlather, the Board unanimously authorized the
General Manager to complete settlement negotiations with BexarMet Water District with
final agreements to be ratified by the GBRA Board of Directors.
There being no further business to be brought before the Board, the meeting
was adjourned, subject to call by the Chairman.
_____________________________ __________________________ Chairman Secretary