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HomeMy WebLinkAbout1998-07-07 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, JULY 7, 1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on July 7, 1998, at 7:00 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Councilmembers Others Attending I. CALL TO ORDER John Moser Jerry B. Madkins Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Marin Bill Stanley Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Moser called the meeting to order at 7:00 p.m. and declared a quorum present. IL CITIZENS' GENERAL DISCUSSION Bobby G. Lane, 1350 North Rose Drive, Stephenville, Texas, brought up several matters of concern to him. He complained of the bad reception residents get on their cable television. He said that this was inferior service and that the cable company has just increased subscription prices to its customers. Lane also criticized the situation on the recently completed Harbin Drive extension. He said someone should be held accountable- -South Orient Railroad Company, Texas Department of Transportation, or the City of Stephenville —for Harbin Drive not being open for General Business Meeting — July 7,1998 Stephenville City Council — public use. Lane reported that many people, when mowing their yards, blow grass clippings into the street which are then washed down the gutter and eventually clog the city's storm drainage system. Lane also stated that there are many junked vehicles around Stephenville that should be moved off. Resolution of Appreciation to Police Chief Jim L. Wade Mayor Moser deviated from the agenda to present Police Chief Jim Wade with a Resolution of Appreciation (attached) from the council. In response, Chief Wade expressed his thanks to the council. He stated that historically, the council has been supportive of him both personally and professionally, and he has been proud to be a part of the city staff. Wade said that he and his wife consider Stephenville to be the best city they have ever lived in, and he hopes the council continues along the path of progress. III. RESOLUTION RECOGNIZING THE 100TH ANNIVERSARY OF THE STEPHENVILLE FIRE DEPARTMENT Mayor Moser presented to Jimmy Mooney, Fire Chief, and Joel Shawver, Volunteer Fire Chief, a Resolution of Appreciation 1998 -5 (attached). IV. PRESENTATION ON SENATE BILL 1(Texas Water Bill) J. D. Beffort from the Texas Water Development Board explained Senate Bill 1, which is a comprehensive state water plan. Beffort's outline is attached to these minutes. Dr. Hugh Jeffus also addressed the council on this issue. Jeffus is a board member for Region G, of which Stephenville is a part. V. PLANNING AND ZONING COMMISSION REPORT Mayor Moser announced the opening of a public hearing to consider rezoning from B -2 "Secondary and Highway Business District" to B -3 "Central Business District" and R -3 "Multiple Family Residential District," Lots 1, 3A, 3B, 4, 5, 6; Block 60 and Lot 2, Block 61, City Addition, known as 650, 682, 712 W. Tarleton Street and 621, 635, 655, 685 W. Green Street. General Business Meeting — July 7, 1998 Stephenville City Council Betty Chew, Director of Community Development, presented the staff report on this item. Chew reported that property owners Kenneth Dan Collins, Charles Ann Martin, Angie Murray, Mrs. J. C. Crow, Don Peacock, Bobby J. Bell, and Mark and Julie Anderson have requested this change of zoning. Chew stated the property at 712 W. Tarleton is requesting R -3 "Multiple Family Residential District" zoning, the same as the properties on West Green Street and North Paddock Street, which were rezoned in 1991. She said the proposed B -3 and R -3 zoning classification will bring the existing single family dwellings into compliance as "primary" uses. The B -3 and R -3 zoning will permit, in some cases, enlargement, upgrading, and rehabilitation of these dwellings. The properties are served from four -, six -, and twelve -inch water mains located in the Tarleton, Green and Paddock Street rights -of- way. The properties are also served from six- and eight -inch sanitary sewer mains located in the Tarleton, Green, and Paddock Street rights -of -way. Chew advised that the Planning and Zoning Commission recommend this rezoning. Speaking in Favor of the Rezoning: Dan Collins, 682 West Tarleton, Stephenville, and Betty Heath, 486 Paddock Street, Stephenville. Speaking in Opposition of the Rezoning: No one Mayor Moser closed the public hearing. Council member Conatser moved to adopt Ordinance No. 1998 -14 from B -2 "Secondary and Highway Business District" to B- 3 "Central Business District" and R -3 "Multiple Family Residential District," Lots 1, 3A, 3B, 4, 5, 6; Block 60 and Lot 2, Block 61, City Addition, known as 650, 682, 712 W. Tarleton Street and 621, 635, 655, 685 W. Green Street and waive the filing fees. Council member Jergins seconded the motion, which passed by unanimous vote. C. Status Report on Council/Commission List of Priorities VI. CONSIDER AMENDING AIRPORT ADVISORY BOARD ORDINANCE Richard Gilbert presented the council with a request not to restrict membership on this board to only Stephenville residents. Gilbert said he would like for the Airport Advisory Board Ordinance to provide that the board shall consist of eight members "whose prime residence and mailing address shall be in the Stephenville zip code, 76401, excepting Huckabay, Selden, Chalk Mountain, and Three- Way." Upon motion by Council member Terrell and second by Council member Jergins, the council voted unanimously to refer this matter to the Airport Advisory Board and request that board to bring their recommendation to the council; and further, that the General Business Meeting — July 7, 1998 Stephenville City Council Nominating Committee of the council should be furnished with a list of all boards j with the designation of residency of the members. VII. PLANNING AND DEVELOPMENT COMMITTEE REPORT A. Consider hiring an appraiser for the West Side Development Project Council member Jergins reported for this committee. He stated that staff had contacted three local appraisers to determine if they were interested in submitting proposals to appraise the property for the street right of way associated with the West Side Development James Synatzske submitted a proposal, and a proposal from Ben Dyess had previously been submitted. Jergins advised that upon review of these two proposals, the committee recommends employing Ben Dyess for this project. Council member Jergms moved to authorize staff to enter into a contract to hire Ben Dyess to appraise the land needed for the right of way for the West Side Development project. Council member Conatser seconded the motion which passed by unanimous vote. B. Code Enforcement Jergins reported that staff will present and discuss the ordinances and procedures for enforcement at a Planning and Development Committee meeting which will be held on July 21, 1998. Jergins said that a report will be made to the council following that meeting. C. Railroad Crossings Jergins reported that Marc McEndree, Area Engineer with the Texas Department of Transportation, addressed the committee about the subject of the railroad crossing at South Harbin Drive. McEndree reported that the roadway construction is complete, and one item remains before the roadway can be opened to traffic—the railroad signal. The current estimated cost of the signal is approximately $967,000. This is considerably more than the original estimate of $220,000 for that one intersection. McEndree had stated that when he attempted to find why and when the increase in cost for the signalization was made, it was determined that signal actuation for all crossings in Stephenville would need to be replaced. At the preconstruction meeting for the Harbin Drive extension, the signal actuation was discussed. Because the local office does not handle the agreements with the railroads, McEndree assumed the proper parties were pursuing the necessary agreements and funding. As most crossings are funded by federal dollars, it was assumed this crossing would be handled in the same manner. On May 13, the local TxDOT office was informed that r General Business Meeting — July 7, 1998 StephenviLLe City Comcil this was not the case, and the district office would be required to secure the additional funds for the signalization. As there are no federal funds available, and district discretionary funds cannot fund the entire project, TxDOT is asking the City of Stephenville for assistance. One method would be for the City to provide a portion of the funds for the increased cost for signalization. Another means of assistance would be for the City to consider closing existing railroad crossings. This would allow TxDOT to redirect funds from those crossings to the Harbin crossing. There are funds scheduled to signalize the McNeill Street crossing, which could be transferred to the Harbin Drive project if the McNeill Street crossing is closed. The closing of other crossings, Belknap Street and Vanderbilt Street, that are not signalized would also benefit, in that they would not require future funds to be signalized. No action was taken by the committee. VIII. PERSONNEL COMMITTEE REPORT A. Review Amended Accident Review Policy Council member Madkins reported that a definition section had been added to the Accident Review Policy since it was last presented to the Council. Madkins moved that the policy as submitted herewith be adopted. Council member Terrell seconded the motion, which passed by unanimous vote. B. Justification Form for Outstanding/Unsatisfactory Evaluation Rating Council member Madkins moved to approve the justification form for an Outstanding/Unsatisfactory evaluation rating. Council member Hillin seconded the motion, which passed by unanimous vote. IX. WATER PLANNING COMbIIME REPORT A. Report on Water Tank Evaluation Council member Terrell reported that this committee discussed a draft of Request for Proposals to be sent to consulting engineering firms which specialize in the repair and painting of metal storage tanks. The TNRCC requires the City of Stephenville to inspect all tanks annually. Recent inspections indicate that the Garfield Avenue ground storage tank is in need of repairs and repainting. Inspections also revealed that US 377 ground storage tank needs to be repaired before damage to the metal occurs and repairs have to be made. Staff was authorized to receive requests for proposal from engineering firms for Water Tank Evaluation and Engineering Services. General Business Meeting— July 7, 1998 Stephenville City Council - _ B. Water Source Study Terrell reported that Ken Choffel, with HDR Engineering, and Andy Donnelly and Bill Klemt, with LBG- Guyton and Associates, presented results of the Ground Water Modeling Phase of the Water Source Study. The results of "future ground water pumpage without supplemental water" indicate that if all future demands of the City of Stephenville are met with ground water, significant declines in water levels will occur in all three city well fields. The results indicate that between 25 and 45 feet of water level decline is predicted to occur by the year 2050 in these well fields if the city's future demand is met entirely with ground water. Two scenarios of "ground water modeling considering future pumpage with supplemental supply" were modeled, assuming approximately half of the total demand (2.88 mgd) for the City of Stephenville will be met with surface water. The fast scenario included a supplemental supply of water that assumes a firm supply of surface water will be available and will be blended with ground water to deliver to the city's customers over the entire year. The second scenario included a supplemental supply of water of approximately 2.88 million gallons per day, during the months of October through April. This scenario included the concept of aquifer storage and recovery (ASR). With ASR, the water acquired from October through April will be injected into existing wells, then withdrawn from those wells during the summer months. The second set of scenarios (supplemental supply) indicated that a decrease in ground water use resulted in 2 to 15 feet less of a decline in water levels by the year 2050 than the scenario without the supplemental supply. The conclusions drawn from this report are that ground water resources in Stephenville are limited. The City of Stephenville can continue for the next few decades to add more wells to our system to overcome the decline in yields and the increasing demand. However, this would ignore the problem of a dwindling resource and the eventual water supply difficulties. Another alternative is to supplement Stephenville's ground water supply with surface water. This would extend the useful life of the well fields and would provide an opportunity to take advantage of being able to use ground water to meet seasonal demands and to provide backup supplies. The final phase of the water source study will be presented to this committee at a future date. General Business Meeting — July 7, 1998 Stephenville City Council X. FINANCE COMMITTEE REPORT A. Public hearing concerning Northland Cable Television franchise B. Child Safety Fund applications C. Hotel Occupancy Tag Policy D. Quarterly Reports 1. Chamber of Commerce 2. Cross Timbers Fine Arts Council 3. Investments E. Economic Development(Use of Lone Star Gas Franchise Fee F. Budget Procedures G. Debt Retirement Council member Shelton reported that a public hearing was held at the Finance Committee meeting on June 16 to hear citizens' comments regarding Northland Cable Television service. The committee also considered applications for Child Safety Funds. Council member Shelton moved to approve funding for Stephenville Independent School District crossing guard in the amount of $900.00 and STAR Council on Substance Abuse in the amount of $1,500.00. Council member Hillin seconded the motion. Council member Rusty Jergins, having filed a conflict of interest form, did not vote. The motion passed by the following vote: Ay-es: Council members Marin, Conatser, Stanley, Hillin, Shelton, Terrell, and Madkins. Noes: None. Abstentions: Council member Jergins. Shelton reported further on the Hotel Occupancy Tax Policy. He stated that the city receives seven cents tax on motel occupancy. Three cents goes to the Chamber of Commerce, one cent goes to the Cross Timbers Fine Arts Council, and the remaining General Business Meeting —July 7.1998 Stephenville City Council three cents is used at the city's discretion. When funds accumulated in excess of one year's revenue, the city began accepting applications and participating in special projects. The last two years, the city has budgeted spending from the reserves for these special projects. Council member Shelton moved to place a moratorium on the use of the city's hoteUmotel tax discretionary funds, except for the Museum maintenance allocations. Council member Jergins seconded the motion which passed by the following roll call vote: Aves: Council members Marin, Jergins, Stanley, Hillin, Shelton, Terrell, and Madkins. Noes: Council member Conatser. The committee also discussed using some of the additional revenue received from Lone Star Gas franchise fee for economic development. One alternative discussed was to give some or all of this money to the Stephenville Economic Development Foundation, Inc. The committee instructed staff to make a new program request for this in the upcoming budget. No action was taken by the council on this item. XL REPORT FROM THE CITY ATTORNEY ON SPRINT SURCHARGE City Attorney Randy Thomas reported that he has researched the issue of the constitutionality of the Sprint surcharge and Section 55.048 of the Texas Utilities Code as requested by the council at its last meeting (June 2, 1998). Thomas advised the council that this law, although unfair, is not unconstitutional. He stated that the appropriate method to cure a law such as this is to use the legislative process and not the judicial process. XIL CONSIDER A RESOLUTION OPPOSING THE SPRINT SURCHARGE Council member Stanley moved to adopt Resolution 1998 -6 opposing the request of Sprint United Telephone Company for an increase in the charge for expanded local calling service. Robert Bums, Customer Relations Manager for Sprint, spoke against this resolution. . He clarified that Sprint had always opposed the passage of expanded local calling. However, he said that Sprint must obey the laws. Geneml Business Meeting — July 7, 1998 Stephenville City Council Council member Conatser seconded Stanley's motion, which passed by the following roll call vote: i_ Ay-es-: Council members Marin, Jergins, Conatser, Stanley, Shelton, Terrell, and Madkins. Noes: Council member Hillin XHI. CONSIDER ALTERNATE BID ON 16" WATER LINE RELOCATION ON US 67/377 City Administrator Davis explained that in April, Brett Construction Company was awarded the bid for relocation of the utilities for the expansion of US 67/377 by Texas Department of Transportation. At the time, they submitted an alternate bid for the removal and salvaging of the existing 16" ductile iron water line. After evaluating the existing pipe condition, it was determined that the water line is in excellent condition. The pipe can be salvaged and stored on land the city owns near the Waste Water Treatment Plant, and it could be used in the future for any project that required this size water line. Council member Shelton moved to approve the alternate bid to remove up to 3,000 linear feet of existing 16" ductile iron water line at a cost of $14.75 per linear foot, not to exceed a total $44,250.00. Council member Jergins seconded the motion, which passed by unanimous vote. XIV. CONSIDER ESTABLISHING A MAYOR/COUNCIL OFFICE IN CITY HALL Council member Madkins moved that offices be established for the Mayor and City Council on the first floor of City Hall. Council member Jergins seconded the motion, which passed by unanimous vote. XV. CONSIDER SALE OF CITY PROPERTY Mayor Moser announced that this item has been withdrawn from the agenda. Council member Marin moved to accept the consent agenda as follows: General Business Meeting —July 7, 1998 stepitmVille City comcil XVI. CONSENT AGENDA A. Approval of Minutes of the Regular Business Meeting on June 2, 1998 B. Bid Specifications for Street Reconstruction Program C. Bid Award for Computers Council member Terrell seconded the motion, which passed by unanimous roll call vote. XVII. CITY ADMINISTRATOR'S REPORT City Administrator Davis reminded the Council and audience of the open house of the Public Safety Building and the reception celebrating the 100th anniversary of the Stephenville Fire Department, which will be on Wednesday, July 15, from 4pm to 6pm. XVIII. EXECUTIVE SESSION At 9:45 p.m., Mayor Moser recessed the open portion of this meeting and called the council into :executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with §551.071(1)(A) Consultation with Attorney, pending or contemplated litigation and §551.074(a)(1) Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. A. Texas Parks & Wildlife Department, et al v. Texas Water Commission, et al; Cause No. 432,066; in the 98th Judicial District Court, Travis County, Texas; and Cause No. 03 -95 -00292 -CV, City of Stephenville et al v. Texas Department of Parks and Wildlife et al, in the Court of Appeals for the Third Supreme Judicial District of Texas. B. Hiring a Police Chief At 10:58 p.m., Mayor Moser called the council back into regular session. XIX. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) No action was taken by the Council. General Business Meeting — July 7, 1998 Stephenville City Council XX. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 11:03 p.m. 4X;Z�r Jo Moser, Mayor ATTEST: i General Business Meeting —July 7,1998 Stephenville City Council j Whereas, James L. Wade came to work as Police Chief for the City of Stephenville on November 5,1990; and Whereas, Chief Wade has set.for himself and his department siich,standards that have enabled them to attain levels of achievement above and beyond the noun; and - Whereas, -the -City Council has observed with -pride and appreciation the growth and professional competence and personal achievement of Chief.Wade; and ^ Whereas, Chief Wade has been offered and. has accepted. the highest appointed law enforcement position in Cripple Creek, Colorado; and Whereas,-the City ouncil desires to express its appreciation to Chief James L. Wade forhis contributions to the City of Stephenville -as well a's_its congratt;lations and best wishes for success in his new.endeavor: NOW, TUEIIF -FORE; BE TT_RESOLVED, bythe C'it} Coundl.of the City of Stephenville,'Texas, diat the thanks of the citizens of Stephenville, the city staff and the personal commendation of the rnei'nbers of this council are hereby extended to - "JAMES LOUIS WADE Chief of Police 1994- 1998 APPROVED AND ADOPTED by the City Council of the City of Stephenville on July 7,199F. Barbara Terrell, ' Jerry l y &fiddkim, 0.1iundil; PI ce 1 l .GrI Joel HT11m, Council, Place 3 Marshall Shelton; Council, Place 4 K. li Cohats?„� Council, Place 5 Place 6 Bea Marin, Council, Place 7 Wm. H. Stanley, C ncil, Place 8 RESOLUTION OF APPRECIATION Whereas, James L. Wade came to work as Police Chief for the City of Stephenville on November 5,1990; and Whereas, Chief Wade has set for himself and his department such standards that have enabled them to attain levels of achievement above and beyond the norm; and Whereas, the City Council has observed with pride and appreciation the growth and professional competence and personal achievement of Chief Wade; and Whereas, Chief Wade has been offered and has accepted the highest appointed law enforcement position in Cripple Creek, Colorado and Whereas, the City Council desires to express its zppreciation to Chief James L. ttiTade for his contributions to the City of Stephenville as:well as its congratulations and best wishes for success in his new endeavor.- NOW, TH Ell EFORE, BE_ IT RESOLVED, by the City Council. of the City afStephenville, Texas that the thanks of the citizens of Stephenville, the city staff, and the_pexsonal commendation of a the members of -this ccuncil are hereby extended to JAMES LOUIS WADE Chief.of'Police 1990- 1998. _ APPROVED AND ADOPTED by the City Council of the City of Stephenville, on July 7,1998; n JohTq6ser, Mayor O. / / / 'f Barbara TerreVll ayor Pro -Tenor K. H: onatsP C'ouncil,. Place Jerry $!-'Mrkins Counc`Pl ce 1 Rus J r uncil,'Place b Joel_ FlMn, Council, Place 3 Bea Marin, Council, Place 7_ . Marshall Shelton .Council, Place 4 Wm. H. Stanley] Council, Place 8 ORDINANCE NO. 1998 -14 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT" TO R-- 3 "CENTRAL BUSINESS DISTRICT" AND R-3 "MULTIPLE FAMILY RESID ENTIAL DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land in the City of Stephenville be Lots 1, 3a, 3b, 4, 5, 6; Block 60 and Lot 2, Block 61, City Addition, Erath County, Texas. And it is hereby rezoned and the zoning classification changed from the classification of BB =2 "Secondary and Highway Business District" to B_3 "Central Business District" and 9--2 "Multiple Family Residential District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the seventh day of June, 1998. Q� ZVI &�� Jo oser, Mayor ATTEST: � Randy Thomas, City Attorney Approved as to form and legality Highlights Conference Committee Report SB By Senator Buster Brown . •► •► •► 1 I • u ►Y ♦11 u►: u r ♦ Designates the Texas Water Development Board (TWDB) as the lead agency for adopting a comprehensive state water plan every five years. The plan will incorporate the regional water plans required under this Act ♦ The TWDB shall designate an initial coordinating body within each regional water planning area. The coordinating body shall designate additional representatives to serve on the regional water planning group, ensuring adequate representation from all interests within the region. ♦ With guidance and technical assistance from the TWDB, Texas Natural Resource Conservation Commission (TNRCC), and Texas Parks & Wildlife Department (TPWD), the regional planning groups shall develop regional water plans. The plans shall take into account existing water or drought planning efforts in the regions protection of existing water rights, and provide for public participation. ♦ Conflicts between regional plans shall be resolved by the TWDB. ♦ The TWDB shall provide technical and financial assistance to the regional water _planning groups in the development of their plans. ♦ Designates the Division of Emergency Management (DEW within the Governor's Office as the lead agency for coordinating the drought response component of the state water plan and providing administrative support for such activities. ♦ Creates the drought response and monitoring committee to be chaired by the DEM with representatives from the following agencies: ♦ Texas Water Development Board (TWDB) ♦ Texas Natural Resource Conservation Commission (MCC) ♦ Texas Parks and Wildlife Department (TPWD) ♦ Texas Department of Agriculture ♦ Texas Agricultural Extension Service 5/31/97 11:30= ♦ Texas State Soil and Water Conservation Board ♦ Other agencies designated by the Governor ♦ Directs the TNRCC to require water right holders with appropriations of surface water in the amount of 10,000 acre -feet a year or more to implement a water conservation plan consistent with the appropriate regional water plan. ♦ Directs the TNRCC to require drought contingency plans from municipalities and other public water suppliers. ♦ Allows the TWDB to provide money for research, development, and planning by political subdivisions of Texas that involves water resources outside Texas if it will result in water being available for use in Texas. up�,�p Criteria ♦ Includes conservation of water as a "beneficial use" of water by definition. ♦ Requires TNRCC authorization for conveyance and diversion of water in a state watercourse or stream through a bed and banks permit. ♦ Recognizes that groundwater may be used and reused, but requires authorization from the TNRCC if the water is to be discharged and subsequently diverted downstream. ♦ Requires that water discharged in a state watercourse or a stream may not cause a stream segment's water quality classification to be lowered. ♦ Allows the TNRCC to issue a consolidated permit-for water quality and bed and banks conveyance. ♦ Allows the TNRCC to include in conditions for granting a water right provisions for return of surplus water as necessary to protect downstream water rights or provide flows for instream uses, and bays and estuaries. ♦ Specifies that once surface water has been diverted under a water right and returned to a watercourse or stream, it is considered surplus water and subject to other appropriation. umoorary Water Sales ♦ Clarifies and lessens liability concerns of water sellers regarding long -term _y obligations resulting from intended temporary water sales. 5131M 11:30am 1 1: 1 : 1 1 1 ♦ Provides clear guidance on the criteria to be used in determining whether an application for an interbasin transfer should be granted by delineating the balancing test to be performed between the two basins. ♦ Specifies that the detriments to the basin of origin must be less than the benefits to the receiving basin. ♦ provides more specificity on the administrative aspects (e.g. public notice in both basins, notice to affected legislators, input from county judges, party status, hearings, planning period, etc.) of a surface water rights application for an interbasin transfer. ♦ Ensures that broad -based public interest values are considered in interbasin and interbasin transfers by statutorily specifying the applicable criteria to be used in a review. ♦ Allows basins to include mitigation and compensation provisions in contracts. ♦ Provides that the contract may require the receiving basin to develop alternative or replacement supplies prior to the expiration of the contract ♦ Clarifies that the expiration date in the contract is explicit ♦ Directs the TNRCC to develop a regulatory process capable of weighing the criteria in evaluating transfers. ♦ Requires the TNRCC to consider ways of mitigating significant adverse impacts of transfers. Exceptions ♦ Exempts the. following transfers from the procedural requirements placed on interbasin transfers: ♦ Emergency transfers of water ♦ Transfers from a basin to its adjoining coastal basin ♦ Transfers of less than 3,000 acre feet per year from the same permit ♦ Transfers from a basin to a county or municipality or the municipality's retail service area that is partially within the basin and partially outside the basin. . 5/31197 11:30am 3 cancellation of Water 1tiQhts ♦ Maintains notification and hearing requirements in the cancellation of a water right and removes burdensome evidentiary requirements. ♦ Requires the TNRCC to consider the efforts taken by the water right holder to provide for long -term water supply needs before initiating cancellation proceedings. ♦ Focuses Texas Water Bank on actively facilitating water transactions. ♦ Requires the Texas Water Bank to act as a clearinghouse for water marketing transactions, publish a manual on structuring water transactions, and hold donations of water rights for environmental purposes. ♦ Creates the Texas Water Trust to hold water rights dedicated to environmental needs for a term or in perpetuity. ♦ Removes the limit (50 % of a water right) on deposits into the State Water Bank and provides that any environmental flow conditions necessary to effect changes to water rights sold from the Bank be limited to a maximum fixed percentage of the surface water right. ♦ Specifies that a contract may require the purchaser to develop alternative replacement supplies prior to the expiration of the contract. ♦ Clarifies that the expiration date in the contract is explicit. u � ►y / I► ► I u ►� ♦ Consolidates administrative penalty provision for violations of the water code into one chapter. ♦ Authorizes the TNRCC to assess a maximum administrative penalty of $5,000 per day for violation of a surface water right, $1,000 for violations involving interbasin transfers. ♦ Authorizes the TNRCC to assess a maximums administrative penalty of $1,000 per day for violation of levee safety and construction provisions. ♦ Raises the limit on civil penalties to $5,000 per day for violation of a water right and dam safety. 5/31/97 11:30am 4 Strengthens Watermaster Program ♦ Allows a watermaster or his deputy to issue field citations for violations. Fmervency Water Transfers • Allows the executive director of the TNRCC, after notice to the Governor, to issue emergency permits or temporarily suspend or amend permit conditions without notice or hearing to address emergency conditions for a limited period of not more that 120 days. ♦ TNRCC is required to provide for notice and hearing as soon as practicable but no later than 20 days after the authorization is granted to determine whether the emergency action should be ratified, continued, or set aside. Applicants for an emergency authorization are required to post a bond to compensate the owner from whom the use is transferred. ♦ A person and his agent or lessee adversely affected by an emergency transfer of water will be entitled to recover the fair market value of the lost water and related damages. 1. 1 1 : `f 11 1, M1, ♦ Expands the current sales tax exemption for the purchase of pollution control equipment to also include water conservation and reuse equipment _ Surface /Groundwater Connections ♦ Requires the TNRCC to consider the effects of the hydrologic connection between surface and groundwater in the granting of surface water rights or amendments to surface water rights. Aquifer Storage and Recovery Projects ♦ Provides that TNRCC shall only issue a permit for aquifer storage and recovery projects that have completed a pilot project or have demonstrated feasibility. Encourages Development of Alternative Water Supplies ♦ Includes brush control, precipitation enhancement, and desalinization as "projects" eligible for funding under the Texas Water Assistance Program. 5/31/9711:30am ♦ Allows TWDB funding of out -of -state projects through a Texas political subdivision or institution of higher education that results in water being available for use in or for I the benefit of Texas. ♦ Includes preparation and maintenance of land to be used for brush control and precipitation enhancement as projects eligible for TWDB or lender district funding. Priority ronndwater Management A_resa ♦ Changes the name of the "Critical Area Process" to "Priority Groundwater Management Area ". ♦ Streamlines the Priority Groundwater Management Area process by removing statutory requirements fiat delay or discourage the creation of districts. ♦ Requires the TWDB and TNRCC to complete all Priority Groundwater Management Area studies by September 1, 1998. ♦ If an area is designated as a Priority Groundwater Management Area, the Texas Agricultural the Service shall begin an educational program to inform the residents of the status of the area's water resources and management options. ♦ Allows county commissioners courts in Priority Groundwater Management Areas to prevent development in an area if there is not an adequate water supply available. ♦ Requires the TNRCC to do a biannual report to the Legislature on the status of all Priority Groundwater Management Areas. rtrZ,V T u „ g' ' ♦ Establishes clear State policy that groundwater conservation districts are the State's preferred governmental entity for the management of groundwater resources in Texas. ♦ Creates the Groundwater District Loan Assistance Fund authorizing the TWDB to provide loans for planning, elections and initial operations ♦ Allows the TWDB to allocate funds from the research and planning fund to a district to conduct initial data collections, develop and implement long -term management plans, and to participate in regional water plans. ♦ Allows districts to collect fees for the creation and initial operation of a district. Special districts may use funds obtained from permit fees for any purpose consistent fu with their certified management plan. 5/31/97 11:30am 6 ♦ Requires the TNRCC to provide technical assistance to districts during initial phases and in development of their management plans. ♦ Allows groundwater districts to regulate the export of groundwater. ♦ Allows water control and improvement districts to add noncontiguous land that is subject to a water quality plan approved by the TNRCC through a petition process. ♦ Provides accountability for this system of managing a critical natural resource by: ♦ Providing statutory criteria for management plans ♦ Setting timelines for management plan development ♦ Requiring certification of administratively complete management plans by the Executive Administrator of the TWDB certification ♦ Authorizing TNRCC to take administrative actions against chronically inactive districts and districts that fail to submit a management plan including dissolution of the board or district ♦ Setting timelines for a district to become operational ♦ Requiring an audit review of operational districts Mot ♦ Pursuant to the passage of a constitutional amendment, provides for the consolidation of existing voter approved bond authorizations making available $1.2 billion to local governments for the development of water projects and management enhancements. ♦ Consolidates the following authorizations: Water Quality, Water Supply, Flood Control and State Participation. ♦ Agriculture Conservation Authorization and the Economic Distressed Area Program Authorization remain in separate categories. ♦ Creates the Texas Water Development Fund II in the state treasury and all water financial assistance bond proceeds will be deposited into this fund. Generally maintains current criteria for maintenance, investment and management of the funds. ♦ Removes antiquated reserve fund requirement on TWDB general obligation bond issues. ♦ Authorizes TWDB to enter into bond enhancement agreements with commercial banks in order to mitigate the risk of not being able to recover the debt service cost of bond funds until the funds can be loaned; and enhances the TWDB's ability to issue short-term debt such as commercial paper that will provide flexibility and lower costs for political subdivisions borrowing from the Board 5/31197 1 1:30am ♦ Includes brush control, precipitation enhancement, and desalinization as "water supply projects" eligible for f unding under the Water Supply program Leasing State Facilities ♦ Provides flexibility to the TWDB in structuring leases of state facilities. Water Conservation Fiaa ^ ^� °� sasistance — Agriculture Trust Fund ♦ Allows the TWDB to use the principal from the agriculture trust fund to provide financial incentives and/or low -cost loans for the installation of water conserving devices. ♦ Authorizes the TWDB to administer the Safe Drinking Water Revolving Fund Provide low interest loans to small communities for water and wastewater projects by: ♦ Providing loans to political subdivisions in small communities. ♦ Providing loans to nonprofit community water systems serving small communities. ♦ Providing loans to disadvantaged communities outside of the area served by the EDAP program. ♦ Providing for loan forgiveness to disadvantaged communities outside of the area served by the EDAP program. ♦ Provides TNRCC with rate setting flexibility for small public water systems. ♦ Requires the TNRCC to ensure that an applicant possesses the financial, managerial, and technical capability to provide continuous and adequate service before granting or amending certificates of convenience and necessity. ♦ Allows the TNRCC to facilitate the consolidation or merging of non - viable systems. ♦ Allows the TNRCC to order a public utility or water supply or sewer service corporation to obtain service sufficient to meet its obligations from another utility service provider. ♦ Before any rate increase is implemented, municipalities will be required to notify each customer receiving sewer and water service in writing of any expenditure not sewer or water related that will be funded with customer revenue. ♦ Allows the TNRCC to order other retail utilities (water supply corporations, districts, affected counties and cities) to serve an area when a certificate of convenience and necessity is canceled by TNRCC action. 5/31/9711:30am 8 ♦ Allows the TNRCC to order, after notice and hearing, specified repairs and improvements to a water or wastewater system. ♦ Allows the TNRCC to request that the Attorney General bring suit for the appointment of a receiver to cant' on the business of a utility that has been abandoned or is otherwise performing its services inadequately. With TNRCC approval, the receiver may acquire the utility's facilities and certificate of convenience and necessity. ♦ The Water Utility Improvement Account is created to pay for capital improvements and expenses of a utility placed in receivership or placed under temporary management. It will be fimded with penalties and fines collected from utilities. ♦ Allows the TNRCC. to request that the Attorney General bring ,m action against a public utility if the commission has "reason to believe" there will be a violation. The executive director of the TNRCC can bring an enforcement action against a public utility immediately if there is a threat to human health or safety. ♦ Allows the TNRCC to order a public water supply system to stop operations if it presents an imminent health hazard to its customers. ♦ Allows the TNRCC to avoid future problems with small public water system viability through more stringent criteria for formation with a stronger impetus toward regionalization, and increasing financial and planning requirements. ♦ Promotes regionalization by encouraging public entities to join together to provide conservation, storage, treatment, and distribution of water. Studies. investigatiour and Qnry vc ♦ Requires that additional issues be studied, investigated or surveyed by the TWDB in developing a statewide water data collection and dissemination network New provisions include: ♦ Requiring TWDB to determine suitable, cost- effective water supply alternatives on a regional basis including voluntary aggressive water conservation options. ♦ Requiring TWDB to make recommendations to optimize the efficiency of I j collecting and disseminating water - related information. ♦ Requiring TWDB to make basic data and summary, information accessible. 5/31/97 11:30am 9 ♦ Improves coordination and reduces duplication between agencies using the Texas Natural Resources Information Systems (TNRIS) and merges the TNRIS Task Force and the GIS Planning Council into a single entity called the Texas Geographic Information Council. r me =4 1 ♦ Requires the TNRCC to obtain or develop an updated water availability model by December 31, 1997. From this model and other improvements to water data, the TRNCC shall do the following. ♦ Provide each wate ?r right holder the projected amount of water that would be available: during a drought of record; when flows are at 75% of normal; and when flows are at 50% of normal by September 31, 1997. ♦ Provide each regional planning group projections on the amount of water that would be available if cancellation procedures were instigated by December 31, 1998. ♦ In coordination with TPWD, determine the maximum amount of municipal effluent that may be reused without causing hams to existing water rights, instream uses and fresh water inflows to bays and estuaries by December 31, 1997. j3 ►►I A UN y ♦ Provides that the Wagstaff Act is repealed. Effective Date ♦ Provisions dealing with the issuance of multi-use permits, the water bank, and emergency authorizations take effect immediately. ♦ Sales tax exemptions for the purchase of water conservation equipment takes effect on the first day of the first calendar quarter beginning on or after the date that it may take effect under the Texas Constitution. ♦ The sections dealing with TWDB's bond provisions take effect on the date the constitutional amendment passes. 5/31/97 11:30am 10 ♦ The requirement that persons owning or operating a public water supply system provide the TNRCC with a business plan applies Prospectively, vely, unless th e owner or operator has a history of noncompliance. ♦ A change in law made by this Act that applies to criminal, civil, or administrative penalties applies only to an offense committed or a violation that occurs on or after the effective date of this Act ♦ Requires that underground water districts created by the 71st, 72nd, 73rd, or 74th Legislature who have not held a confirmation election within two years after the effective date of this act be abolished. ♦ Creates the Interim Committee on Water Resources Development and Management to study the state's water supply and wastewater infastructure needs. The committee will be composed of five Senate members and five House members. It will be supported by the Senate and House Natural Resources Committees, 5/31/97 11:30= -11 The Nide,ls I protect, Hcorls sd early-on, owlif offset or sgnificenby delay Me need Im other aetensketl projects. Only feasible with mnwnence, by wont wntraa penes to meket surplus water + Mtidpale serviw to reikiple entities in an a ea. Water Supply (Date Needed) 1 - Paluxv Reservoir (2010) 2 - Cibolo Reservoir (2010) 3 - Parkhouse II Reservoir' (2015 -20) 4 - Rio Grande Wier (2005 -2010) 5- Sandies Creek Reservoir (202530) 6 - Aliens Creek Reservoir (2025 -30) 7 - Nichols I Reservoir *(2015-40) 8 - Tehuacana Reservoir (2050) Chloride Control 9 - Neches River (2000) 10 - Canadian River (2000) 11 - Red River (2005) 12- Brazos River (2015) Reallocation/MOdifcation 13 - Canyon lake subordination (2000 -05) 14 - San Antonio return flow diversion (2010) 15 -Trinity River return flow diversion' (202530) 16 - Lake Texoma reallocation (2045 -50) 17 - Lake Whitney reallocation (2045 -50) State Permitted Projects 18 - Eastex 19 - Post 20 - Palmetto Bend II Conveyance 1 - Stillhouse to Williamson Co. +(2000 -05) 2 - Canyon to Hays Co. + (2000 -05) 3 -Roberts Co. to CRMWA + (2000-05) 4 - Guadalupe to Bexar Go. +(2005 -10) 5- Texans to Nueces Go. +(2005 -10) 6 - Paluxy to Stephenville (2005 -10) 7 - Moss to Gainesville (2005 -10) 8 - Conroe to Conroe (2005 -10) .:. 9 - Whitney to Cleburne (2005 -10) g 10- Abilene to Stamford (2005 -2010) + 11 - Lake U the Pines to Gregg Co. + (2005 -10) 12 - Rio Grande to El Paso Co. +(2005 -15) 13- Cibolo to Bexar Go. +(2010 -15) 14 - Toledo Bend to Harrison Go. + (2010 -15) 15 - Luce Bayou to Harris Co. + (2015 -20) 16 - Parkhouse II to NTMWD -+ (2015 -20) 17 -Alan Henry to Lubbock (2025 -30) 18 - Belton to Williamson Co. "+ (202530) 19 - Aliens Creek to Ft. Bend 8 Bworia Cos . + (202530) 20- Kris to WCTMWD +(202530) 21 - Richland Chambers to TRWD `+ (202530) 22- Nichols I to DF W *+(2015-40) 23-Garwood to Nueces Co. +(2035 -40) 24- Texoma to NTMWD +(204550) 25 - Nichols 1 to DFW '+ (2025-00) 26 - Sabine to Harris Co. + (2045 -50) 27 - Lake Fork to Dallas + (2005) 28 - Lake Palestine to Dallas + (2015) Figure 3 -14 Recommended Major Water Supply and Conveyance Projects, 1996 -2050 3 -33