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HomeMy WebLinkAbout1992-07-01 MinutesIiv SPECIAL MEETING OF THE CITY BOARD OF DIRECTORS A special meeting of the Fayetteville City Board of Directors was held on July 1, 1992 at 8:30 a.m. in Room 326 of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Dan Coody, Shell Spivey, Ann Henry and Bob Blackston; City Manager. Scott Linebaugh; City Attorney Jerry Rose; Director of Public Works Kevin Crosson; Director or Administrative Services Ben Mayes; and City Clerk Sherry Thomas; members of staff, press, and audience. ABSENT: Director Julie Nash. CALL TO ORDER Mayor Vorsanger called the meeting to order. He explained the purpose of the special meeting was to address a proposed alternative method for financing the 36" water line. Director Coody asked whether they would be voting on this matter. Mayor Vorsanger explained they could vote since this was a special board meeting. 36" WATERLINE FINANCING City Manager Scott Linebaugh addressed the Board explaining this was basically the City's last chance to approve the funding for the 36" water line in order to have the line completed and working by the Summer of '93. The 36" water line has been discussed in detail by Staff and the Board of Directors. The importance of the line is not in dispute. The funds for this project are being held up by Arvest awaiting a decision on the appeal to the Supreme Court of the sales tax lawsuit. Linebaugh stated Staff has worked diligently to.,.establish an alternative for release of the' construction funds: Arvest has discontinued their efforts to assist the City in this endeavor. He reported the Llama Company has proposed three alternative methods for financing the 36" water line. Linebaugh reported Staff recommends the City proceed with the 36" water line by way of refunding the old water/sewer bond issue. This method would allow for a present value savings of $219,000, which is greater than the cost of the $10 million bond issue that was previously discussed. In°•the event that the Supreme Court would rule in favor of the City of Fayetteville, those funds can be turned over to the sewage rehab program where there was a bond issue planned for later in 1992. -N az July 1, 1992 He presented a resolution to the Board for their consideration which instructs Staff to proceed with the 36" water line, and proceed with bond financing. The resolution states the City will incur costs (i.e. engineering/legal services) between now and when an ordinance is presented to the Board on the bond financing. He reviewed a memo dated April 20, 1992, from City Engineer Don Bunn, which sets out the City's need for the 36" water line, and the problems experienced in 1991 and expected in 1992 and 1993 due to the current inadequate system. Linebaugh further reported that the engineer's accelerated schedule for construction of this portion of the 36" water line (Part A) is 9 months, although it would normally take one year. The engineers believe that the projected completion date of July 1, 1993 can be met as long as the winter of '92 is normal and not harsh. In addition, they are accounting for six weeks to complete the design and obtain delivery on the pipe. This phase of the project would run the water line down to the North portion of Fayetteville, connecting it into the existing line, in order to provide enough water to avoid mandatory water rationing and cut-backs during the summers. David Hausam, representative from Llama, addressed the Board with a presentation on the recommendation for funding the 36" water line. He introduced Bob Coswalk, Vice -President of Llama, who was present to answer questions. He explained his firm was consulted to develop a scenario that would not involve a rate increase on utilities, or any other increased cost to the citizens of Fayetteville. They reviewed a rate study report done by Black & Veatch several years ago which contained (1) a $7 million bond issue program planned for this year, (2) an additional $1.9 million bond issue for 1994, and (3) paying off the old bond issue from 1985 which is at higher interest rates. Hausam began the presentation by posing a number of questions to the Board regarding the need for the 36" water line. Does the City have sufficient water for the next two summers? Is rationing or another alternative possible? Will a 36" water line resolve the problem in terms of the Fayetteville water supply? Does the City have adequate cash to fund the 36" water line until the resolution of the sales tax appeal? Hausam further reported the alternatives considered as follows: 1) Bond participation note - a note at today's interest rates for a year, followed by a bond issue if necessary to cover the cost. This option was rejected since it is a temporary solution, due to interest rate risks and the additional costs associated with this method. 2) Leave the existing debt outstanding on the 1985 issue, with a new money issue to provide the same amount of construction dollars to complete the project. This July 1, 1992 option was also rejected since a $219,000 present value savings could be achieved by refunding the old bond issue. Hausam stated they are recommending the City refund the old 1985 bond issue, with a 8.96% interest rate, and issue new money for the construction of the water line or the sewer rehab program. This option gives the Board flexibility to make certain decisions, such as utilizing the funds temporarily for the 36" water line until the sales tax issue is resolved. Any funds expended on the water line can be reimbursed out of the sales tax funds when released and deposited back into the construction fund to be utilized on the sewer rehab program, which is already budgeted for 1992. Hausam stated Llama's attempt was to structure a plan that would provide several things such as: 1) Flexibility of the Board of Directors to address the issues most pressing; 2) Reduce the cost to the City in terms of not having two bond issues; 3) Structure of a temporary bond issue to take care of the 36" water line, for eventual pay off through the sales tax funds when released; followed by another. bond issue to fund sewer rehab which provides an either/or option; 4) Structured in such a manner that it would be kept bank qualified. Hausam explained the basic structure being proposed is to have "Series A" bonds issued which would pay off the 1985 refunding bond issue. "Series B" bonds would follow to pay for the water line. If a resolution in the sales tax issue favorable to the City would occur, the City would pay off the "Series B" bonds,and turn around and do a "transparent" switch over` to "Series C" waste water bonds. This method would not affect the -bond holders;'the interest rate would be locked in; and cost of.issuance would be reduced. Mayor Vorsanger asked Hausam for his opinion whether the banks would buy these bonds. He responded although he could not answer this question in the affirmative-until,some marketing of the bonds has occurred, but from the standpoint thatbbanks.are generally more sophisticated. investors, he .feels these bonds .would not be adversely received by the banks..a.x. In addition, Hausam noted utility revenue bonds have been through numerous tests and are considered a "cleaner" bbnd.than sales tax bonds. July 1, 1992 In response to Mayor Vorsanger, Hausam stated the average interest rate they were projecting is 6.67%. There is a 2% premium that will have to be paid if the old bonds are called early. Even with this cost figured into the calculations, there is still a savings of $219,000 over the issues. Director Coody stated the current water/sewer rates are already accounting for sewer rehab, and he stated his understanding was that Llama would request that EPA and/or DPC&E permit the City to use sewer rehab funds for the 36" water line. Hausam responded that from their standpoint, it would be advisable for the City to explain their program to DPC&E and reassure them that the sewer rehab program is not being forgotten. Director of Public Works Kevin Crosson explained the City received an Administrative Order in 1989 which outlined a series of activities that they were required to take on the sewer system. This included a pump station, monitoring telemetry systems, rehabilitation of lift stations, manhole flow monitoring, and a series of projects on the Illinois River watershed collection system. The City is on schedule and/or has completed all the work in those specific areas, and currently is in total compliance with the order. The largest, broadest portion of the administrative order was that by 1994, the City will have to eliminate all infiltration and inflow. Since 1989, the City has presented their sewer rehabilitation program to DPC&E and EPA and provides progress updates on a quarterly basis on the specific programs which address the infiltration/in-flow problems. However, Crosson explained if the City discontinues spending funds toward the program they outlined for DPC&E and EPA, they will then be out of compliance with the Administrative Order and will be subject to $10,000 per day penalties. City Manager Linebaugh stated that this bond issue will do nothing to slow down the sewer rehab program since they are beginning this bond issue earlier than necessary to handle the program. He further stated that they anticipate that the sales tax funds will be released by January 1993, so they can continue on with the sewer rehab program without missing a beat. Secondly, he felt assured the raises built into the Water rates by Black & Veatch were built in to handle an upcoming $7 million bond issue. Crosson commented that the sewer rehabilitation program is the City's number one priority in terms of not letting the project drop, and the proposed funding plan for the 36" water line assures this. Director of Administrative Services Ben Mayes verified his department has performed a cash flow projection of the needs of the sewer rehabilitation program. July 1, 1992 Kevin Crosson further explained that by the end of 1992, the City will commit approximately $2.5 million to sewer rehabilitation. The cash flow projection reflected that the City's water and sewer fund will carry the sewer rehabilitation through the end of 1992. Director Coody stated that it was his understanding that Llama would take a "go slow" approach on this, providing weekly progress reports, and wouldn't proceed on this bond issue option without a proper written. legal opinion. Hausam responded that Llama has been working closely with Staff; however, if the City Board desires to receive updates directly from Llama on a regular basis, that can be provided. He further stated that bonds would not be sold without a "clean" legal opinion, and that is necessary before investors will become involved. In response to Director Henry's question whether Llama has received such a "clean" legal opinion, Hausam stated Llama has consulted with a firm in Little Rock and described the basic structure of the bond issue plan, andthey have agreed with the process. The City has a contract with Brown & Wood out of New York, who bid ron the services for bond issues, and have an additional 3 years to run. There was some concern that Brown •& Wood may not want to be involved; however, upon Staff contacting them, Brown & Wood has indicated that they do want to be involved. It is his understanding from talking with Staff and City Attorney Rose, that Brown & Wood has discussed this particular structure and indicated that they have no problem with it. City Attorney Rose stated Brown & Wood has not given their final opinion; however; it has been considered and preliminarily, they see no problem with the proposed bond issue structure. Hausam stated they are current1y_•at a point of limbo.until the City Board gives their support for proceeding with the'36" water line project. Once this is done, theibond counsel can begin their legal research, trust indenture, escrow agreements, and the preliminary offer and official statement can, be prepared. Hausam projected that if they could start the process today, by the end of August or, first of September, the money could be obtained.,; / ; i u Director Henry stated the question seems to be;.whether the City can .re -market the old bonds and get a•lower4nterest rate for a long term investment in City infrastructure..wIf successful, they could proceed with the 36" water line. However,'until the -first part of September, the City will not know whether. they will have the money to proceed. : " I '`meq With respect to a timetable, .Hausam responded to Director Henry that the bonds would be marketed around the end of July and would. be immediately followed by a pricing meeting. There would be a market period of 2-3 days in which;theactualroffen would be made 1 July 1, 1992 to potential customers followed by a return to the City Board where the bond ordinance would be presented for adoption. Upon the ordinance's passage, it would proceed to the EPA for approval, and following a 30 day referendum period, the bond issue is official. It is projected that they can be on the market and come back to the Board with EPA approval by the 27th of July; thirty days later, or roughly August 31st, the bond issue would be official. At this time, everything hinges on the bond counsel. If they can perform a lot of work quickly, this process could conclude sooner. He reiterated that bonds will not be issued without a "clean" opinion from bond counsel. Director Coody stated this plan seems to be predicated on the fact that the City may win the sales tax lawsuit, and he questioned the procedure if the City were to lose. Hausam responded that the bottom line is that the City has two projects that must be done - the sewer rehabilitation and 36" water line. In 1990, the voters approved the major portion of the water line funding from sales tax to avoid a utility rate increase. Therefore, in the event that the Supreme Court would overturn the decision on the sales tax issue, the City has sufficient funds to pay off the $33 million issue. The worst scenario - if the sales tax collection is stopped, the City pays off their bonds, and they are back to square one as to how the sewer rehabilitation and 36" water line projects would be funded. In that event and at that point in time, the City would be faced with either funding these projects from sales tax, requiring another election process, or fund the projects through an increase in utility rates. Hausam further reported the initial proposal presented to the citizens of Fayetteville in 1990 was that $11 million from the sales tax would go to funding of the 36" water line with the remainder coming from cash, either from other sales tax revenues or other utility revenues. He stated the City is attempting to do a "balancing act" trying to get both the sewer rehab and 36" water line projects accomplished. Llama is trying to give the City a method whereby they can accomplish both projects at the least cost to the citizens of Fayetteville. Their proposal does not require the City to look at a rate increase unless the City would lose the sales tax lawsuit. Hausam stated that with a bond issue of $7 million, plus the existing debt service, the rate study indicated the total debt service would be approximately $1.2 million. On the proposed bond issue, they are coming in with an average of $875,000 debt service, which allows approximately $300,000 leeway in the rates that could be utilized to do a small issue for a completion project. Director Green expressed his concern with the actual construction phase of the 36" water line and when it is projected the City would begin receiving water through the new 36" water line. He feared July 1, 1992 they may go through this process, in order to achieve their target of completion by the summer of 1993, and if they would miss the target date for completion and the peak period for water consumption passed, all of these efforts would be for naught, and they will still be in store for severe water rationing. City Manager Linebaugh reiterated his previous discussion regarding the construction schedule for the 36" water line. Staff believes this is really the last opportunity for the City Board to gives its "go ahead" in order to meet the July 1, 1993 deadline. This projected schedule would be contingent upon a normal winter, as it will take a full nine months to complete the construction of the water line. In addition, it takes six months to get delivery of the pipe, etc. Hausam pointed out that at this time, interest rates are the most attractive they have been since 1972. Whether the money is spent on the water line or on sewer rehabilitation, the City is still in a good position of locking in a very attractive rate which will benefit the utility rate payers for the next twenty years. In response to Mayor Vorsanger's question, City Manager Linebaugh explained that initial plans were to recommend a $7 million bond issue, followed by a $1.9 million issue. The only difference is they are proceeding earlier than originally planned. In addition, it would take some capital improvement funds to pay back monies used on the 36" line. This allows the remaining funds to be used for sewer rehabilitation and other planned water and sewer projects. The water and sewer rate study approved in 1990 recommended these two revenue bond issues, and they are built into the rate structure. • Crosson explained while the water and sewer rate••study of 1990 recommended a new money issue of $7 million, Llama is recommending that $3.5 million of the $7 million be used to pay off the old bond issue. Therefore, the remaining funds for construction for the 36" water line project or the sewer rehabilitation is in the vicinity of $6,250,000, plus interest earnings. Director Spivey asked Staff how many wholesale customers there are and others that the City supplies water to, and whether they are under contract. Crosson responded they supply water to their growth areas which is the unincorporated County portion, the Cities of Greenland and Farmington, on an individual basis.,sjust like the residents of Fayetteville. The City has a wholesale'contract with the City of Elkins, the Water Association of Mt._Olive, RDA - the Rural Water Authority, and the City of West Fork. • Director Spivey stated that he assumed under, the wholesale contracts, the City has guaranteed�a-certain amount of water. He asked whether these users were utilizing more than,is allowed under the contracts? 4 f - i July 1, 1992 City Manager Linebaugh responded some of the wholesale contracts are recent and right on line; however, the oldest contract the City is involved with, which is also included in the lawsuit, is considerably above their contract limit. Director Spivey asked the worst case scenario be considered - whereby they experience a terrible draught like in the early 1980's and a rationing program would be instituted. He asked how would this affect the outlying areas of Greenland and West Fork and the wholesale contracts? Crosson responded that peak usages come from the City of Fayetteville residents, and there is not much fluctuation from the wholesale customers or outlying areas. Don Bunn, City Engineer, stated last year during the midst of Fayetteville's water shortage and rationing period, 66% of the peak demands came from the City of Fayetteville, and about 30% came from the growth area, leaving less than 5% of the peak demands that come from the wholesale water users. Crosson reported for this summer, they anticipate having to sit down with each of their wholesale customers, the City of Greenland, and the City of Farmington and work out the same water management program that will be implemented in the City of Fayetteville. He further stated the new contracts with RDA and the City of Elkins contain language which addresses a draught situation. City Manager Linebaugh reported the language Kevin Crosson refers to is basically that these wholesale customers and outlying areas are secondary to the City of Fayetteville. In an extreme situation where the City of Fayetteville cannot get water and rationing doesn't appear to be working, they would have the option to either cut-off these customers or cut-back on businesses. Linebaugh further reported that the voluntary rationing programs that the City has implemented the last two years have been disastrous and totally ineffective. Director Henry stated the same language applies to the business contracts whereby residential customers are preferred over businesses. Director Spivey stated considering the City's track record, they will probably be sued over this bond issue, too. He voiced his concern that if the appeal filed by Mr. Lisle is unsuccessful, then the City has done all of this effectively for nothing. Then the City will probably end up in another lawsuit. If the worst case scenario would happen, the City of Fayetteville will be putting all of these communities in jeopardy. For these reasons, this is a tough decision to make right now - do they take the cautious, more conservative approach and don't put the community in jeopardy for what may never happen? 1 a AXIL/ .4 July 1, 1992 City Manager Linebaugh stated either way, the City could face a potential lawsuit --either by the same group that files lawsuits on everything else or by businesses, such as Tysons or Campbell Soup, when they are cut back and lose profits. Director Henry asked if all Board members were in agreement that it is possible that the City could run short of water during peak demand period in the next 18 months and is rationing an acceptable alternative? Director Green responded that the magnitude of rationing determines whether it is acceptable. Watering his lawn on odd days is all right with him; however, if he was -told -he could not water his lawn at all, wash his car, and had to minimize his household's use of water, then it becomes a different issue altogether. Director Blackston stated rationing seems to work in cities that have to ration on a regular basis, but he can't see it as being effective to enter into a strict rationing program in 1993 because people have to get a mind set toward this type of restriction. He believes it would be ineffective at the timewhen the City needed it the most. Director Green stated his opinion that rationing is neither acceptable nor feasible for the.City.of Fayetteville. There is no effective method to enforce mandatory rationing, and believes it would only help 20% to 30%, when a 60% reduction would be required. Mayor Vorsanger stated his opinion that rationing has more implications than with watering lawns and washing cars and is not an alternative because half of the -citizens will: be concerned that the City had an opportunity to settle the problem and didn't do it. 3. , Director Coody reiterated his previous comments that•rationing may be an acceptable alternative under certain circumstances. He stated if they experience- a cold .winter, if /the construction contract isn't met exactly on schedule, if the City doesn't lose the $33 million lawsuit, and if the;City.,doesn't"get sued on this particular situation, the City may be'°in the same situation no matter what they do. Therefore, he,.considers Director Henry's question moot. # Director Henry responded at ,the point any of -these situations occur, at least the City will have done.all they could to avoid them. Director Coody stated they all agree, the, City needs to do everything possible to avoid ,rationing, tbut'r there are no guarantees, and there may be situations when they cannot avoid rationing. He stressed the importance''of'water, conservation measures and stated if the City had amended their\codes and adopted fi July 1, 1992 certain water conservation measures in the past, they wouldn't be in this situation today. Director Henry stated it will be hard to convince the citizens, when they have a water supply but it simply cannot get to them, that they should be pleased with a rationing program. In response to Director Coody's suggestion that promoting conservation would be received better than mandatory rationing, City Manager Linebaugh responded this issue has been addressed before, and the problem is that conservation will not save enough water in order to keep the City out of the problems they face. They have an engineering study that reflects conservation brings approximately a 20% savings, and the City needs a 60% savings during peak periods. Director Coody responded that he's not saying by promoting conservation it will achieve all of their goals; however, they need to promote conservation because it is the right thing to do. Director Henry stated her point was that it appears there is a 4 to 2 split among the Board of Directors that rationing is not an acceptable alternative. Therefore, would the new 36" water line solve the problem? And if so, does the City have adequate cash to fund the cost until the sales tax issue is resolved? The answer to those questions brings them back to the issue at hand and the various funding alternatives. Director Blackston voiced his support for the proposed bond issue, stating he doesn't see any alternatives except to run the risk of not having an adequate amount of water. Weighed against the alternative of a bond issue, which will cost money and possibly cause a lawsuit, he believes the bond issue to be the lesser of two evils. Director Henry stated she doesn't disagree with Director Coody that they should promote conservation measures; however, that is not what they are considering. Director Coody stated today seems like an appropriate time to begin talking about conservation measures. Mayor Vorsanger announced the engineer for the 36" water line project was present to answer any questions, and he would take public comments at this time. Jerry VanHoose, engineer with McGoodwin, Williams & Yates, addressed the Board stating presently the entire 36" water line project is structured in one contract which would provide one contractor. He reported there is a portion of the project which could be separated out and wouldn't adversely affect the job and will help the schedule. That section is the line which runs from July 1, 1992 Hwy. 71B east along Joyce Street to Hwy. 264 where they will tie into the present pipeline. He stated they plan to propose to Staff this be separated into another contract, which may or may not provide two contractors on the project, but .potentially will give them more crews on the project. VanHoose reported the proposed schedule was structured by questioning the contractors and suppliers and gives the minimum time frames they could follow without adversely affecting the cost of the job. In addition, even though the timing appears to be a month later than is set out, VanHoose stated this is not a real problem because a contract would be awarded as soon as the referendum period was over. The City would not need the funding immediately because it takes some time to approve a pipe design and for manufacturing and delivery to the project at which time funds would be needed. VanHoose pointed out when the City cannot deliver peak day demands for water to their citizens, they verge on a serious health hazard. He explained when the City cannot provide enough water, and when people continue to use it.,' the system begins to depressure, the reverse takes place and water flows into pipelines causing a serious health hazard. With respect to water rationing, VanHoose stated cities in Arkansas are not typical cities across this country`when studies are done regarding water rationing.,* Cities in Northwest Arkansas use considerably more water per;capita,than most other typical cities in the country. Our whole'economy-is based'onfindustry using very large quantities of water.' ,By putting water rationing into effect, you not only reduce the ,amount of water :people can use, you're drastically reducing potential income. a j VanHoose further responded to concerns about the effects that adverse weather would haVe.,oh this. -type of construction, stating if any kind of construction can sustain inclement weather, pipeline construction can. Only if it is pouring rain or intensely cold so equipment won't operate and crews can't function, would inclement weather effect the progress of this project.- ' I 4 [ Director Coody asked for clarification°of'how much leakage would occur in the event of water infiltration-. VanHoose responded that the City's unaccounted water loss is very good especially taking into account the age of the existing system. This is something the Public Works Department constantly monitors and attempts to fix leaks, but this method is not cost effective until the leaks are big. Kevin Crosson stated the City has an ongoing leak detection program which detects leaks on a severity level basis. However, there are probably just as many leaks from service lines which are undetected. July 1, 1992 VanHoose explained when this pipeline was originally constructed in the early 70's, the City acquired adequate permanent right-of-way to build another pipeline along most of the route. The City's land acquisition staff has been working for 6-8 months acquiring and purchasing additional temporary rights-of-way for construction activity to take place. Generally, temporary construction easements are not perpetual, usually good for one year, and this is an issue to consider without any further delays. John Lisle, attorney at law representing the plaintiff in the sales tax bond lawsuit, addressed the Board stating that in spite of comments made, he has no vendetta against the City of Fayetteville. He gave his personal observation of the situation and stated first, the Board needs to consider what is in the best interest of the City, and second, is it legal. He stated it looks like it is in the best interest of the City, and the need for both uses of this money has been well established. He further sees no reason why this action is not legal. Mr. Lisle assured the Board he has no intention of filing a lawsuit. This issue has an entirely different fact situation than the sales tax lawsuit raised in 1988, that he has been involved in. There are different Board members involved. Therefore, to worry about lawsuits and make that a major factor when there is a problem that needs a solution is not putting priorities in the right order. He further stated economically, the proposed bond issue funding option is a good decision. Director Spivey responded to John Lisle stating he wasn't surprised by his support for the new proposed bond issue because basically if he ends up losing the lawsuit and the City doesn't build the water line and experiences a terrible draught, this would completely let him off the hook. Tiny Hamilton, citizen of Fayetteville, addressed the Board stating that the water rate structure seems to indicate that the users of the most water consumption could be construed as being rewarded by lesser rates after so many thousands of gallons, he suggested some thought be given to the point those who conserve water would be given a break in their water bills. He further addressed the issue of the 36" water line, questioning whether the City may need storage capacity before they increase the amount of water. VanHoose responded to Mr. Hamilton, stating water storage is the second phase of the 36" water line; however, to get water to storage, the pipeline needs to be in place first. He explained the pipeline would be extended onto the storage site in the southwest part of Fayetteville, putting the water in the portion of the city where it is used in large water -using industries. Robert Reus, citizen of Fayetteville, addressed the Board stating that it was his understanding that the City had 17 million gallons at the peak time last year. A normal average usage is 12 million. 1 1 July 1, 1992 He asked whether the City is limited by storage capacity or by the actual delivery capacity of the line? Mr. VanHoose responded the pipeline has a capacity of approximately 16 million gallon per day which means that the pipeline is being operated in an excess capacity. Last year the City had a peak day of 17 million gallons, last year was not an unusual drought, like in 1954, 1963, or 1980. VanHoose stated he doesn't believe 17 million gallon per day is the potential peak for Fayetteville, but in a severe drought situation, there is a potential for a 20 to 22 million gallon per day requirement. Director Green stated last year the City was using approximately 2 million gallons per day out•of their storage capacity. A new 4 million gallon storage tank is only going to give us two additional days of operation, and would not be sufficient. Therefore, in further response to Mr. Reps' question, more storage would help, but only for a day or two. f • Mr. VanHoose stated basically storage is designed to provide peak hour needs to give maintenance time for pipeline repair, and to provide additional water during, fire protection times while allowing industries to operate on a normal time frame. Director Henry stated that,Fire Chief Mickey Jackson reported last year that the City's fire protection was -;in danger during these times especially those sites on hills. Director Blackston explained when they refer to a drought, they aren't talking about a couple days, but rather weeks and months of very little or no rain. It is uncertain how they would cope with the current water line system under these conditions. Therefore, they need to look beyond short periods of drought. Director Spivey addressed John 'Lisle's. previous statements, suggesting the best alternative to the current situation would be for the plaintiffs to dismiss this lawsuit, and they wouldn't have to be going through this. Spivey stated he appreciates Mr. Lisle's .statement that he had no ,intention of suing. ythe City over this proposed bond issue; however,' there are people and attorneys out there who would find a basis to file a lawsuit. In addition, Spivey stated the second best alternative would be if Arvest would release the sales tax funds, but they don't -`seemed to be prompted to do so. Therefore, the third best alternative is the proposed bond issue funding for the 36" water line. City Attorney Rose read the resolution. Blackston, seconded by Henry, made a motion to adopt the resolution. July 1, 1992 Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 97A-92 AS RECORDED IN THE CITY CLERK'S OFFICE ADJOURNMENT The Special Board Meeting adjourned at 9:55 a.m. 1