Agenda

	BAYTOWN AREA WATER AUTHORITY NOTICE OF MEETING



BAYTOWN AREA WATER AUTHORITY REGULAR MEETING WEDNESDAY, MARCH 20, 2024 4:30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

CITIZEN COMMENTS
Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the Baytown Area Water Authority from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future Baytown Area Water Authority Session.

MINUTES

Consider approving the minutes of the Baytown Area Water Authority Regular Meeting held on January 17, 2024. Click to View

Consider approving the minutes of the Baytown Area Water Authority Regular Meeting held on February 21, 2024. Click to View

PROPOSED RESOLUTIONS

Consider a resolution authorizing the General Manager to negotiate and execute a Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to perform legal services in connection with potential litigation regarding the presence of Polyfluoroalkyl substances (PFAS), including, but not limited to, PFOA and/or PFOS, in drinking water, wastewater, and soil in Baytown, Texas. The Board is considering the Agreement for the following reasons:

Should detectable levels of PFAS be present, based upon revised standards issued by the United States Environmental Protection Agency, BAWA hopes to recover damages from the manufacturers.
The Frazer and Ventura law firms represent municipalities and water systems in PFAS litigation across the country and have developed a specialty and competence in such litigation. The law firms are members of the Water Council for the US Conference of Mayors and, in this capacity, contacted BAWA in September 2023 regarding potential claims and recoveries from settlements with various manufacturers that were recently announced. BAWA has no previous relationship with either law firm.
The General Counsel's Office of BAWA has neither the capacity, expertise, nor current license requirements, to adequately represent BAWA in the current multi-district federal litigation. Further, lawsuits of this type are generally handled on a contingency basis by firms with expertise in the area. It is uncommon for law firms with such expertise to charge an hourly rate. Moreover, an hourly rate for such complex and time-consuming litigation would not be economically feasible or in residents’ best interests, especially considering the possibility of a loss or minor recovery.
Entering into a contingency fee arrangement with law firms with expertise in this area of the law and the capacity to handle large, complex cases on a nationwide basis at no cost to BAWA (unless BAWA recovers) is the most advantageous, expeditious, and economical way to protect BAWA’s rights.

Click to View

Consider a resolution delegating approval of the Preliminary Official Statement; appointing underwriters; and the paying agent/registrar. Click to View

REPORTS

Receive the Baytown Area Water Authority Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2023. Click to View

Receive a report on the status of the Baytown Area Water Authority East Expansion Project. Click to View

MANAGER'S REPORT

The next Baytown Area Water Authority meeting is scheduled for Wednesday, April 17, 2024, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market Street, Baytown, Texas 77520.

ADJOURN

PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE AUTHORITY RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS 551.071 - 551.090 TO DISCUSS ANY OF THE MATTERS LISTED ABOVE.
THE AUTHORITY IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL 281-420-6690, FAX 281-420-7176, OR CONTACT 281-420-6690 VIA RELAY TEXAS AT 711 OR 1-800-735-2988 FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT: HTTP://RELAYTEXAS.COM.
Approved for posting: /S/Brant Gary, Assistant General Manager	Posted by: /S/Angela Jackson, Assistant Secretary (SEAL)
Posted this 15th day of March 2024, at 5:00 P.M.