HomeMy WebLinkAboutM1998-105 - 03/31/1998MOTIONS - 3/31/98
19.
Motion approving a contract between the law firm of Brown & Potts and The
Perryman Group for economist services in support of the Garwood Irrigation
Company application to the Texas Natural Resource Conservation Commission to
permit the transfer of water purchased by Corpus Christi to the Corpus Christi area.
ATTEST:
A~Secretary
City of Corpus Christi
M98-105
CITY OF CORPUS CHRISTI
CERTH~CATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officer that the money
required for the contract, agreement, obligation or expenditure described below is in the Treasury to
the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated
for any other purpose:
Amount Required:
Description of Contract, Agree.ment, Obligation, or Expenditure:
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Fund fro~ which Money is to be Dra~m:
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Director of Finance
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- ' ~/~ Date:
FOR OFFICE USE ONLY
Fund No. and Name
Activity/Project No.
Activity/Project Name
Appropriation Ordinance:
Ordinance/Motion No.:
Council Meeting Dated:
Yes
CITY COUNCIL
AGENDA MEMORANDUM
January 15, 1998
AGENDA ITEM: a) ~f~
klo'rE: per . )
Motion authorizing the City Manager to employ the lawflrm of
Brown & Potts to represent the City of Corpus Christi in all
matters related to advancing and defending the application
filed by the Garwood Irrigation Company pursuant to Section
11 of the "Exercise of Option and Amendment to Agreement
Between the City of Corpus Christi and Garwood Irrigation
Company" dated February 22, 1994, including proceedings in
the Texas Natural Resources Conservation Commission and
all matters related to or affecting such proceedings, until a final
determination by the TNRCC and all appeals therefrom, at an
hourly attorney's fee of $140, plus reasonable expenses and
costs of necessary expert witnesses, subject to appropriation.
Ordinance appropriating $325,000 from the Water Fund
unappropriated fund balance and transferring $325,000 into
the Water Supply Development activity for professional
services (141-361-541.15-301 ).
ISSUE: In November 1996 the Council authorized the City's water attorney, Tim Brown
with Brown & Ports in Austin, to file an intervention and represent the City in the matter of
the permit application for the interbasin transfer of the Garwood water rights. The action
provided funding of $25,000 to cover the legal expenses through the stage of the permit
process when responses of protestants were filed. This has now been completed. Based
on the responses, it is clear there will be substantial opposition. It is now time to authorize
our attorneys to proceed with the full case on the merits. Tim Brown's hourly rate to the
City is $140. In addition, he will have to obtain substantial expert witness resources to
support the application. This will largely include HDR Engineering which has previously
evaluated the Garwood project as part of the Trans-Texas study. Ultimate expenses will
be based on the level of resources thrown up by the opposition; at this point the opposition
is expected to be substantial. Now that responses to the application have been filed, it is
time to vigorously pursue the application to its conclusion.
REQUIRED COUNCIL ACTION: The City Council must approve any contract or action
that would result in an expenditure of greater than $15,000.