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R2010-159 - 2011-01-11RESOLUTION NO. R2010 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SEEKING LEGISLATION THAT PROVIDES BRAZORIA COUNTY CUSTOMERS WITH FULL VOTING MEMBER REPRESENTATION ON THE GULF COAST WATER AUTHORITY (GCWA) BOARD OF DIRECTORS. WHEREAS, the predecessor of the Gulf coast Water Authority was created in 1965 when Brazoria County had a population of less than 75,000 and is now home to over 300,000 residents; and WHEREAS, the GCWA is now a multi- county, regional water agency; and WHEREAS, Brazoria County includes numerous customers of the GCWA, including the City of Pearland; and, WHEREAS, the City of Pearland is working diligently to meet the State's required mandate for surface water conversion where communication and responsiveness between all parties is paramount in meeting those obligations; and WHEREAS, Brazoria County customers have no voting representation, only one non voting liaison, on the Board of Directors of GCWA; and WHEREAS, the City of Pearland has been a contractual customer of GCWA since 1998 with current contracts for 30 million gallons of water per day; and WHEREAS, voting representation on the Board of Directors would help improve customer relations, enhance two -way communication and the ability of Brazoria County to place items of critical importance on GCWA's agenda without unwarranted delay; and WHEREAS, voting membership on the GCWA Board of Directors by Brazoria County would be fair, equitable and would parallel the principle of representative government as established by our founding fathers in the United States and Texas Constitutions; and RESOLUTION NO. R2010 -159 WHEREAS, the need for coordinated and responsive regional water planning is critical to current and future success of the multi county area; and WHEREAS, the Judges of Fort Bend and Galveston are supportive of the City's efforts to gain Brazoria County representation on the GCWA Board of Directors; now therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1 That, the City Council recommends and supports seeking legislation that provides Brazoria County, the City of Pearland and other customers from non- represented counties with full voting member representation on the Gulf Coast Water Authority Board of Directors. PASSED, APPROVED and ADOPTED this the 10 day of January, A. D., 2011. A�1_6P TOM REID MAYOR ATTEST: 1 APPROVED AS TO FORM: 'U DARRIN M. COKER CITY ATTORNEY 4 TEXAS LEGISLATIVE COUNCIL Preliminary Draft By: .B. No. A BILL TO BE ENTITLED AN ACT relating to the composition of the board of directors of the Gulf Coast Water Authority. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 5 and 5(a) , Chapter 712, Acts of the 59th Legislature, Regular Session, 1965, are amended to read as follows: Sec. 5. The management and control of the District is hereby vested in a Board of nine (9) ocvcn (7) ] directors. The seven (7) directors appointed by the Commissioners Court of Galveston County shall represent the geographic and ethnic diversity of the county. Vacancies on the Board of Directors, whether by death, resignation or termination of the term of office, shall be filled by appointment by the commissioners court that appointed the director [Commiooioncra Court of Calvcoton County] . All terms of office shall be for a period of two (2) years. Terms shall be staggered __ ilt t__P tPl tii" _____ �f t hr e e (3) d t ree era exp re one yea r „- t h e tcrm3 of four (4) directoro cxpirc the next year] . Three (3) of the members appointed by the Commissioners Court of Galveston County shall be registered professional engineers under the laws of Texas. Sec. 5(a) . One (1) director of the District shall be appointed by the Commissioners Court of Galveston County upon the Page - 1 - recommendation of the City Council of the City of Galveston. Six of the remaining [The remaining cix (6) ] directors shall be appointed by the Commissioners Court of Galveston County with two directors appointed at-large and the remaining four of those directors appointed on the written recommendation of advisory committees appointed by the Board of Directors of the Gulf Coast Water Authority. Two of those directors shall be recommended by the Mainland Municipal Advisory Committee and two of those directors shall be recommended by the Industrial Advisory Committee. The Commissioners Court of Galveston County is entitled to accept or reject the recommendations made to the court by the advisory committees. If a recommendation made by an advisory committee is rejected, the advisory committee shall submit additional recommendations to the court. The Industrial Advisory Committee is composed of one representative of each industrial customer of the Gulf Coast Water Authority. The Mainland Municipal Advisory Committee is composed of one representative of each municipal or water district customer of the Gulf Coast Water Authority that uses not less than 2 million gallons of water a day. The names of the representatives of each of the committees shall be submitted to the Board of Directors of the Gulf Coast Water Authority by the respective industrial and municipal or water district customers. The directors of the Gulf Coast Water Authority shall submit the names of the advisory committee members to the Commissioners Court of Galveston County, Page -2 - which shall record the names in the minutes of the court. One director shall be appointed by the Commissioners Court of Fort Bend County upon recommendation from current GCWA customers in Fort Bend County to represent customers of the District in that county. A person appointed as a director by the Commissioners Court of Fort Bend County must be a resident of that county. One director shall be appointed by the Commissioners Court of Brazoria County upon recommendation from current GCWA customers in Brazoria County to represent customers of the District in that county. A person appointed as a director by the Commissioners Court of Brazoria County must be a resident of that county SECTION 2. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. Page -3 - (d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 3. This Act takes effect September 1, 2011. Page -4 - • Water For Industry w Agricuhure Muni`ip'Ii s A GULF COAST WATER AUTHORITY 3630 Highway 1765 P.O.Box 1651 Texas City,Texas 77592.1651 409.935.2438 713-337-3403 FAX a09-935-156 May 14, 1996 The Honorable Michael D. Rozell FORT BEND COUNTY JUDGE William B. Travis Annex P 0 Box 366 Richmond TX 77406-0368 RE: Consultant to the GCWA Board of Directors Dear Judge Rozell: The Gulf Coast Water Authority (GCWA) would like to thank you very much for taking the time out of your busy schedule to meet with Mr. Carlton Getty, Judge Jim Yarbrough and myself to discuss the appointment of an Advisory Committee member from your county to the GCWA Board of Directors . It is the desire of the Board to sell water for municipal, industrial or irrigation purposes in Fort Bend and Brazoria Counties . To further that goal, there is hereby created a standing committee known as the Fort Bend and Brazoria Counties Advisory Committee . Such Committee shall be composed of one resident of Fort Bend County and one resident of Brazoria County, each of which shall be appointed by resolution of the County Commissioners Court of Fort Bend County and Brazoria County respectively. The members of the Committee shall be persons knowledgeable about the business and affairs of their county and shall serve at the will of their County Commissioners Court. Members of the Fort Bend and Brazoria Counties Advisory Committee shall receive notices of and be entitled to meetings of the Board. The Authority shall solicit the advice and counsel of the Committee in regard to the Authority's ability to provide water to customers in Brazoria and Fort Bend counties for municipal, agricultural and irrigation purposes and each member shall be given full opportunity from time to time to express his or her views regarding such matters. The members of the Committee may establish such prui.edures flu. Lhe zf the Comimi,mittcc az its members may determine from time to time. Members of the committee shall not receive any compensation from the Authority for service as members or for expenses incurred. After the Authority has contracted to sell at least 10 MGD of water to be used for potable water for customers in Fort Bend or ALVIN 1500 West Higttway 6 P.O.Box 1405 Alin, Texas 77512-1405 713-331-3137 FAX713.585-3035 WATER TREATMENT PLANT Rew 101 Texas City Texas 77;92.1651 40944S-6415 FAX409.443-4522 The Honorable Michar ' D . Rozell May 14 , 1996 Fort Bend County Jt' ;age 2 of 2 Brazoria Counties , it is the intention of the Board to seek tc have the Texas Legislature amend Article 8280-339, Vernon's Texa: Civil Statutes , as amended, in order to add two additiona3 positions to the Board of Directors of the Authority to be fillet by directors representing such counties so that they might participate fully in the policies and decisions of the Board. Please inform me of the action taken by your Commissioners Court. Again, thank you very much for your help and cooperation. Sincerely, (14:4f4- Gr/14 -317 . L. Myers General Mana er GLM/sp cc : Judge James D. Yarbrough Carlton Getty Fi'8 OJDG.9ft/3:NA/BOARL.96