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XLIX – 5/18/05 99 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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XLIX – 5/18/05 99

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,

XLIX – 5/18/05 100

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.

XLIX – 5/18/05 101

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

XLIX – 5/18/05 102

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

XLIX – 5/18/05 103

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

XLIX – 5/18/05 104

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.

XLIX – 5/18/05 105

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

XLIX – 5/18/05 106

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

XLIX – 5/18/05 107

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

XLIX – 5/18/05 108

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

XLIX – 5/18/05 109

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

XLIX – 5/18/05 111

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

XLIX – 5/18/05 112

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

XLIX – 5/18/05 113

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

XLIX – 5/18/05 114

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,

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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