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Thursday, February 24, 2011

City Council 2/24

All in attendance
Minutes from last meeting approved unanimously

City Admin report- USO building - men's bathroom- holes punched in the wall, but otherwise a success.

Old Business:

SWTMGC-
SWTMGC passed a resolution to dissolve the corp. Appointed 4 member board to assess and appraise the company.
Rudy Garcia, Diana Asgiersson, Randy and another company employee.

City of Marfa's counsel (see last meeting's notes) will wait until Gas co's assets are assessed by the gas co.

2) Request by Project Grad to use a building for graduation night
Robert Lujan- parent rep
18 seniors-
USO building? MAC building?
May 27th
MAC building construction is a big question- MAC preferable.
Play it by ear---name down on both buildings. Use kitchenfor snacks, etc
Waive fee and require deposit for cleaning, vandalism
Josie makes the motion to allow either building; waive fee, require deposit.
Unanimous

New Business:
Proposed legislation relating to Presidio County Water District (including Marfa and Presidio in not participating in teh "midland exemption")

Original district approved in 1999. Midland exemption made Marfa and Presidio exempt from regulation by a water district.

With regard to participation- 2 issues:
1) Funding- here water district is funded by Presidio County and production fees that produce over 25,000 gallons per minute. Includes Marfa City water supply- roughly $5500 per year to pay for Marfa's use.
2) Representation- board is appointed by commissioner's court- 3 rural members and 2 urban. Cities of Presidio and Marfa have insisted on direct representation.
Third issue was two years ago when this was proposed, time was very short.

Mustard has been attending the meetings. Country Judge Paul Hunt wants to add Marfa and Presidio- Dunlap began some talks.
One way approach it is to take a water district ad valorem tax to the voters.
Ad Valorem taxation means the board would need to be elected, resolving representation issues.

Proposed legilation/interlocal agreement would be good for 2 years- trial period of removal of Midland exemption.
2.1- general agreement
2.2 Urban representatives would come from Marfa and Presidio and would show up to meetings.
2.3 Water district agrees to waive the producation fees for Marfa and Presidio. During this time period cities and county wouold pursue an ad valorem tax to fund the district.

Theresa supports and wrote the agreement
Mustard opposes:

Mustard mentions that city council unanimously opposed the legislation.
City was also concerned about maintaining current production.
Water district misrepresented the cities' positions in presenting case to legislature last time- did not let cities know they were still presenting it.
District is currently underfunded. Thinks they are looking to cities for cash.
Mustard was sent by the city last time to negotiate some sort of relationship/compromise. Water district was very closed to the idea of talking.
Mustard sees not entering into the interlocal agreement as a way to maintain the power to shape the issue in the future. Also, if taxpayers opt not to pass the ad valorem tax then we will be paying more than our fair share.
Also, even is cities pay the fee, without a property tax add-on there still won't be enough money to pay for the district to operate properly- only $15,000 extra and they have virtually nothing now.
Marfa Well #3 has a problem- defective, broken but still functioning. Existing regulations would preclude us from re-drilling the well. Over 1400 feet away would be our next option.
2nd problem- our wells are way to close together and produce too much for the spacing. Any exceptions to the rules would have to be applied district-wide.
Mustard thinks we're jumping the gun on giving away our exemption.
Paul Hunt speaks--
Great points- presents both sides of arguement.
Mustard claims to have been rebuffed by district in beginning discussions. Teresa disagrees

Fannin makes motion to accept interlocal. I second in order to discuss further.
Dunlap pushes for agreement.

Vote-
Beebe in favor, Fannin, Baeza and Simpson opposed. Brijalba left eary (ill)
Adjourn.

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