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HomeMy WebLinkAboutRes 2024-12-1707 Agree to Transfer a Portion of GTUA Minimum Annual Volume to Van AlstyneRESOLUTION NO. olo-1) - 170 7 A RESOLUTION RELATED TO AN INTER -LOCAL AGREEEMNT BET�N7EEN THE CITIES OF `AN ALSTYNE AND A' -NA IN N�'HICH ANNA AGREES TO TRANSFER A PORTION OF IT'S RESPECTIVE CONTRACTUAL MINIMUM A\'�-L aL VOLUME N\'ATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF VAN ALSTY�'E IN EXCHANGE FOR AN AGREED PAYMENT FROM VAN ALSTYNE AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID I\TTER-LOCAL AGREEMENTS WHEREAS. the Cities of MELISSA. ANNA. VAIN ALSTYNE. and HOVE have previously authorized and executed agreements with the Greater Texoma Utility Authority fora surface water supply system to be planned. fiunded. constructed. and operated by GTUA. including the payment of inonthhy Milninnim Annual Volume (.MAV water) purchase provisions necessary to fund said water trallslllission system and purchase of potable water. and WHEREAS. the City of A\i�TA has chosen to not accept delivery of some or all of the required water through the end of the 2024 water year (ended July 31, 2024) and said City desires to transfer a portion of its respective and obligated Minilllilill Annual Volume for said 2024 water near to the City_ of VANALSTYNE for consideration detailed in an inter -local agreement: and WHEREAS. the Citv of VAN ALSTYNE has indicated interest in purchasing_. the stated portion of the Minimunn Annual Volume from the Cities of A\TNA for the water Year ended July 31, 2024 as explained in a report lnenlorandunn to the City Managers Administrators of the Cities of Melissa. Anna. Van Alstvne.. and Howe dated September 21, 2024 and revised October 3, 2024 by Donald E. Paschal. Jr.. consultant to said cities. which nlemoranduln is attached to the respective Inter -local agreements for each specified City as "Exhibit A": and NONV. THEREFORE BE IT RESOLVED. by the City Council of the City of VAIN ALSTYNE that: SECTION l: The City Council of the City of VAN ALSTYNE authorizes the City Administrator to execute inter -local agreements with the City of ANNA under the terms detailed in said inter -local agreement, wilich provides for the following: A. Receiving the transfer of a portion of said selling City of ANNA's GTtTA required 2024 water year MAV to VAN ALSTYNE as provided for in the respective Inter - local Aareelllent. B. Paving the invoice submitted by the respective selling City of A\TNA for the agreed portion of the 2024 water -year MAV specified in the inter -local agreement. SECTIONT ?: It is specifically provided that the participating cities shall have the riglit to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of i a� seconded by the above resolution was approved by the City Council of the C'itt of Q� ,,, at its meeting held this 1 ti day of a ���,�, / � 2024. by the follow' vote: AYE � NAY ABSTAIN avor. CitN of Anna j a�7° Cit<- Secretary. City of Anna (SEAL) INTERLOCAL AGREEMENT BY AND BET«"EEN THE CITY OF VAN ALSTYNE, TEXAS AND THE CITY OF ANNA, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITY'S �IINI�IL`I ANNUAL �'OLI'ME OBLIGATION i NDER THE GTUA-CITIES OF MELISSA, ANNA,VAN _AN ALSTYNE, AND AN ALSTYNE POTABLE AA TER SUPPLY CONTRACT THIS AGREUMENT is illade and entered by and between tile CITY OF VAN ALSTYNE, TEXAS, a Texas Hume -Rule Municipal Corporation. hereinafter referred to as "Van Alstyne". and the CITY OF ANNA, TEXAS, a Texas Home Rule Municipal Corporation" hereinafter referred to as "Anna", collectively referred to herein as tile ­ C'ltles". as follows: NA, ITNESSE TH: N17HEREAS. both Alma and Van Alstyne are political subdivisions within the lileaning of Interlocal Cooperation Act. Texas Government Code. Chapter 791. as amended (the "Act''): and AYHEREAS. the Act provides authority, for entities such as Anna and Van Alstyne to enter unto Inter -local agreements with each other to perform governmental functions and services as set forth in the Act. and R'HEREAS. each of the Cities have previously entered into an agreement with the Greater Texonia Utility Authority. hereinafter referred to as "GTL?A" for the plaiinincr. construction, hlndlilg, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Ana. Vail Alstylle. and Van Alstvlle, which agreeillent specifies the obligations of each participant. and «'HERE AS. each of said Cities has entered an Amended and Restated Contract for Water Supply providing that froill tile time water has been delivered to each Participating City for one month and forward.. on a monthly basis. each Participating City shall be charged for water at the Greater of its inininluill annual volume amount (\IAV) under the Potable Water Supply Contract made and entered between such Participating Cities and GTU_A: and «'HEREAS, for the water year 2023-2024 ended July 31, 2024, as provided for in said water purchase agreements, inclung the North Texas Municipal �'�'a diter District. hereinafter referred to as "NTI\4WD" standard water purchase agreement. only the Cities of Howe. Van Alstyne. and Melissa received delivery of water which equaled or exceeded the individual City required MAV, and WHEREAS. the Contract Cities of Melissa. Anna. Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Annual Volume (MAV) Buy -Sell concept as referenced herein and as is further referenced and detailed in "Exhibit A" attached hereto for reference in establishing the buy -sell rate. identifying the MAV water to be transferred. and referencing the amount of purchase transfer cost: and ILA for `IAV TfallSfzf Agreement fromAtllla i0 VA f01' -O�4wai21' Year -Page 1 WHEREAS. the City- of Anna is desirous of selling to each Van Alstyne. Melissa.. and Van Alstvne a portion of then' unused -MAV and Van Alstyne. Melissa. and Van Alstyiie are N:'ilhinQ to purchase said unused portion of the iMAV as defined in this agreement and detailed in "Exhibit A" thus allowing Anita to recover it portion of its purchased but unused MAV for the stated water year: and WHEREAS. the background of the above noted agreements. vohuiies. rates. and circumstances are fitrther detailed in the September 21, 2024, updated October 3, 2024, iiieinoranduni titled "Sale of GTUA-CGMA Buy -Sell tiLAV to Participant City" attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, VANT ALSTZTTE and ANINA. for and in consideration of the recitals set forth above and terns and conditions below. agree as hollows: 1. TERM This Agreement sliall apply to the \TTy- WD water year ended Jul} 31, 2024 and shall be executed and consuniniated in full benveen October 31, 2024 and January 31, 2025 or as soon thereafter as reasonably possible and sliall not apply to subsequent water volunies or water years unless said Cities so authorize by subsequent agreement. II. AGREEMENT The Cities agree that ANNA shall transfer 65.264.600 gallons (65,264.1 one -thousand - gallon increments) of MAV water to VAN ALSTYNE for the water vear ended Jule 31, 202.1, and VAN ALSTYNE sliall remit to ANNTA a payment for said transfer of MAV at the rate of S3.09 per thousand gallons totaling in the sum of S201,667.80 as payment in frill for said portion of Anna's unused 2024 MAV. FolloNving execution of this agreement. ANTNTA sliall subinit to VAN ALSTYNE all invoice for the transfer of the described MANT for the above stated suni and VANT ALSTYNTE shall remit payment for said transfer within thirty (30) days of receipt of said invoice. it being the intent that this transaction sliall be completed as soon as reasonably possible. but oil or before January 31, 2025. if possible. although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this agreement, it being tiie intent Van Alsty_ lie to complete said transaction before or by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of VAN ALSTYNE and ANNA shall each approve an Interlocal agreement authorizing the sale ' purchase of the stipulated portion of MAV water as described herein and further detailed in the attached Exhibit A. 2. ANNNA, following approval of the Interlocal agreement by each party thereto shall submit to VAN ALSTYNE all invoice for the referenced volume of MAV water detailed above in Section II and for the stipulated sell % purchase amount. ILA for UNNT Transfer Agreement from Nina to VA for 20_24XVater Year - Page , 3. VAN ALSTYNE shall remit to ANNA the above stated payment for the transferred MAV water within thirty (30) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the Minimum annual volume to Nvllich this agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in itelll III — above. Should GTUA verification indicate a different volume of llllnnnum annual volume than referenced herein. the parties hereto shall modify said quantity and the resultant payment for said quantity of nllnllnuill amlual volume prior to the invoicing and payment phase (item III — ? & 3 above). IN'. TERMI\ATION The Cities recognize that this Agreerllellt shall comnnence upon the effective date herein and continue in fall force and effect until termination ill accordance with its provisions. ANNA and VAN' ALSTYNE herein recognize that the continuation of any contract after the termination of this agreement or impacting any fiuure water year shall be subject to City Council approval for each City. respectively. Following termination of this agreement, or should either City fail to execute this agreement, there shall be no fin-ther commitment hereunder. However. upon the occurrence of such event in which either party terminates this Agreement by giving the other part` thirty (30) days written notice, the selling party shall forn and such notice to GTLA so that alternative billing for the water volume specified in this agreement illav be processed per the GTUA-CGMA billing policy. V. RELEASE :AND HOLD HARMLESS ANNA and VAN ALSTYNE. to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that inay arise out of or be occasioned by this Agreelent. In the event of joint and concurrent negligence, ANNA and VAN ALSTYNE agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto. and not for the benefit of any third parties. nor to create liability for the benefit of any third parties. nor to deprive the parties hereto of any defenses each may have against third parties under the laws and court decisions of the State of Texas. A'I. AtTTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. ILA for \LAB' Tratlsfer Agreement froth Ant1a to �'A for -CI�4W'ater fear -Page It. SEVERABILITY The provisions of this Agreement are severable. If any paragraph. section. subdlN isioll. sentence. clause.. or phrase of this Agreement is for anv reason held to be contrary to the law or contrary to any rule or regulation haylllg the force and effect of the law. such decisions shall not affect the remaining portions of the Agreelllent. Z. VENUE This Agreement and any of its terms or provisions. as well as the rights and duties of the parties hereto. shall be governed by the laws of tile State of Texas. Tile parties agree that this Agreement shall be enforceable in Collin County. Texas. and. if legal action is necessary. exclusive venue shall lie in Collin County. Texas. 1I. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute. tile Cities agree that the Agreement shall not be construed more favorably for either City. ZII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or rerlledy granted by law or equity; but each shall be cumulative of every right or remedv Qiyell hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. 1III. SUCCESSORS :AND ASSIGNS The parties each bind themselves. their respective successors. executors. administrators and assigns to the other parry to this contract. Neither party will assign. sublet. subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment. delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. ILA for %,IAV Transfer ARreemeut from Anna to VA for '02 4NVater Year - Page 4 IN- WITNESS WHEREOF. the parties have executed this AC7reement by sianinQ below. Date: I'a I) hoo � APPROVED AS TO FORM: C CITI ATTORNEY Date: APPROVED AS TO FORl 1 CITY ATTORNEY CITY OF AN\A, TEXAS OK By: yyati Henderson itv manager CITY OF 1 _Av ALSTYNE, TEXAS Lane Jones City Manager ILA for \LA.N Transfer Agreement from Aima to VA for'024NVater Year - Page 5 ACKNO«ZEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This 11IStll111lent «as acknowledzed before nie on the day of Ct'Xi 2024, by C. of the City of Anna, Texas, a Texas Houle -Rule Municipal Corporation. on be lalf of said municipality. CARRIE L. LAND Notary Public, State of Texas Comm. Expires 02.04-2027 Notary ID 11419404 STATE OF TEXAS 5 COUNTY OF GRAY SON 5 2,z� lJ 1 Notary Public. State of Texas This instrument Nvas acknowledged before llie on the day of 2024. by of the Cite of Van Alstyne, Texas. a Texas Home Rule Municipal Corporation, on behalf of said 11111111clpallty. Notary Public. State of Texas Exhibit A Attach cope of October3, 2024 nieuiorandum from Donald E. Paschal. Jr. to CGMA Mayors and Citv Maliagers regarding the subject: "Sale of GTUA-CGMA MAV to Participant Cite" ILA for 1\14,V Transfer Agreement from Alma to VA for 2024NVVater Year - Page 6 DONALD E. PASCHAL, ) R. 904 Parkwood Court McKinney, TX 75070 Tel, & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers and Mayors Subject: "Sale of GTUA-CGMA Buy -Sell MAV to Participant City Report" with Buy -Sell Program Concept Changes ; Revisions Date: October 3. 2024 Buy -Sell Concept Overview: GTUA-CGMA Cities have engaged the Minimum Annual Volume (MAV) Buy -Sale Concept since October 2011. The process of the Buy -Sale process includes a detailed Concept Report with recommendations from the CGMA Facilitator ( Consultant (Don Paschal). a summary report of the recently completed Water Year water take with data showing both unused and overused MAV (Minimum Annual Volume) includes an annual report. a recommendation from Consultant (Don Paschal), the MAV available for sell from under using Cites to overusing Cities, and the projected MAV volume in K (1000) gal units proposed for sale to buying Cites. Both Selling and Buying cities must execute an interlocal agreement documenting the sale in MAV volume and the dollar amount of the buy % sell actions. The Concept plan and associated MAV volumes are recommended to the Cities by the CGMA Board at the Fall Board meeting and subsequently followed by City adoption of the authorizing Resolutions & ILAs. The Consultant has traditionally prepared the Resolutions and ILA using a consistent format for all Cities. Consultant typically distributes the documents to all Cities prior to the Fall Board meeting to allow time for the respective City Staffs to review and provide comments to the Mayors prior to the CGMA Board meeting and ultimately to their respective City Councils, The purpose was and still is to allow Cities using more than their MAV (formerly MT/P) to purchase unused MAV from Cities using less than their MAV (Minimum Annual Arnount). The selling City recoups a portion of their already purchased MAV and the purchasing City purchases an amount of the selling city(s) unused water up to the amount of aggregate underuse by the selling City(s). The purchased volume of untaken / unused MAV is prorated as a ratio of the buying Cites overuse to the aggregate overuse by all CGMA cities. Overage of water in excess of the MAV purchased by overusing Cities cannot exceed the unused MAV volume of underusing Cities. . All the water purchased frorn NTMWD by GTUA for the benefit of CGMA Cities goes through GTUA as the contracting / managing entity based on the collective CGMA MAV for the subject Water Year (August 1 through July 31), The MAV for each City is paid in full by all CGMA Cities in monthly payments beginning the first month of the GTUA (and City) Fiscal Year October 1 through September 30 following the Water Year completed on the prior July 31 WY completion. Currently all CGMA Cities have the same FY as GTUA and NTMWD. Following the end of the Water Year, final accounting is computed by NTMWD (usually the variance in K NTMVVD and GTUA total take is negligible with final accounting of volumes based on the end of VVY "true up". Additionally, any rebates i refunds based on NTMWD system cost savings are also reported and incorporated on any end of year ''true up" by GTUA and either credited to the last billing of the FY or first billing of the new FY or may be paid directly to the subject City by GTUA, The purchased MAV water between buying and selling City is then reduced from the final calculated take of the buying Cities to arrive at the MAV for the subsequent Water Year (but not less than the prior year MAV). The Selling City subsequently invoices the buying Cities for the prior year MAV purchased at a reduced rate generally based on historical variable cost reduction. Thus. both the selling and buying Cities received benefit with the selling Cities recouping a material portion of the previously purchased but unused MAV and the buying Cities paying for the additional water taken. but at the somewhat reduced rate and receiving credit (reduction) for the subsequent WY MAV, The Buy -Sell of MAV water is accomplished through an interlocal agreement as referenced above between the cities and thus is not a component or process which GTUA either blesses or manages other than documenting the adjustment to future MAV of the buying Cities (the selling Cities subsequent year MAV is not generally impacted by the buy -sell process (but could be impacted by flushing water used). The purpose of this Communication to the Cities is to advise all CGMA participants that the Buy -Sell Program has been impacted by the Contract Entity agreement implemented in 2021 Water year by NTMWD. Prior to that date, NTMWD operated under a policy which provided with entities using water volume in excess of the then Minimum Take or Pay which was the term for minimum required water purchase for the water year: that term and concept were replaced in 2021 by the new standard Member and Customer Contract which used the term Minimum Annual Volume (MAV) referencing the base level of water obligation by each entity during a given Water Year. The terminology change was mainly to provide awareness of two major changes: 1. Prior to the change, water purchased more than the MT/P was charged as a significantly reduced rate based on the calculation of production cost that were not incurred by NTMWD due to the water not being produced and pumped to the users. Cost related to debt service, maintenance.. and System operational cost were all charged as budgeted as the minimum revenue to keep the system solvent and operational, 2. Subsequent to the change in 2021. Member Cities which had experienced significant reduction in water demand due to conservation programs could qualify through specific criteria for a gradual reduction in MAV whereas there previously had been no way to reduce annual water year contract water volume. GTUA and the CGMA Cities had been practicing the buy -sell concept since 2011 using the reality that the contract was with GTUA. an "aggregating entity" responsible for a single GTUA MT/P or MAV. Each participant City had its own NIT; P or MAV under their contracts with GTUA (same basic contract as NTMWD has with others including GTUA, thus there is consistency in terms. definitions, etc.). In 2011 we developed the mechanism for under MAV users to sell a portion of the untaken MAV to other CGMA participants taking excess water over their MAV. This allows users taking excess water over MAV to reduce a portion of the increase in their MAV while allowing the under user to recoup a portion of the water charges paid during prior Fiscal year for water year MAV. The GTUA group is the only group known by this consultant '91 to use this concept to reduce the sunk cost of underuse N1AV while helping over users to reduce their subsequent year MAV. Both entities receive benefits which is a significant offset to the increased cost of excess water or reduction of cost of under MAV use to the respective GTUA City customer participants. This Concept Report also serves the purpose of advising each Participant City of any program implementation changes for the current Water & Fiscal Year with summaries as needed of the historical program interpretations and adjustments. The primary adjustments involve interpretation of the credit to the water rate paid by buying Cities and similar reduction in payment received by the selling City or Cities. Prior to 2021, the cost of excess water varied but was generally as much as 35% or more of the base water cost per K gallons Beginning in 2021, the cost credit buyers received from sellers has been relatively moderate being generally based on the cost of power and chemical cost that the District might have avoided under the older program,... this was the best way to identify a cost that mimicked the old system, While underuse does not occur every year. there are years where this program cannot be used, but it was positive under the old definitions r program and has been worthwhile under the new MAV program. It appears to be a good opportunity for all CGMA cities for the recently completed water 2024 Water Year to either reduce otherwise lager 2025 MAVs.. recoup a large portion of the untaken MAV cost, and purchase another's unused MAV at an attractive cost: the program is therefore recommended for 2024 and future years. Consultant will proceed with crafting the final program for CGMA Board and Cities to act on which consists of Buy -Sale Interlocal Agreements and Resolutions that will be forwarded to Participant Cities for review by City Staff to allow review prior to approval of the enacting City Resolutions which authorize execution of the Interlocal Agreements between buying and selling Cities. This process can be executed as early as the end of September or in October with payments occurring in October or later. It is noted as a reminder that the last MAV payment is made in September with October beginning a new Fiscal Year of payment for Water Year water take based on the 12-month water year ending July 31. It has been the practice for the CGMA Board to consider and act on recommending the program for acceptance and approval at the fall. preferably October, Board Meeting. CGMA Board endorsement at the noted fall Board Meeting (or by email review and approval as may be necessary) is a historic precedent that serves the purpose of group review and discussion followed by the CGMA policy advisory Board recommending the prograrn and having that action recorded in the Board Minutes. There could be adjustments to the concept details as implementation alternatives are identified. Concept Modifications Contemplated: The following summarizes the concepts and proposed actions for Buy -Sell Program modifications: Historical 2011 thru 2024 Program & Summary of Proposed Program Modifications Based on prior year precedents, a member City which took water beyond its MAV may acquire a portion of the unused MTIP (now MAV) from other CGMA member City or Cities. Such acquisition allows the selling City to recoup a major portion of 2 the cost of the MAV paid during the Fiscal Year for Water Year MAV (ending on July 31 of a given year) for an established discounted price. This practice is recommended for continuation for the benefit of all CGMA Cities with adjustments as detailed below. The change (implemented in 2021) is that the established price no longer has a NTMWD Excess Water Rate to use for adjusting the price of the buy -sell MAV water. The NTMVUD base contract provides for Additional Water vol over MAV.. to be purchased by Cities at the annual water rate set by NTMWD plus the GTUA- CGMA cost components set by GTUA-CGNIA Policy. The NTMWD Customer Contract.. implemented with the 2021 \/Vater Year provides that Contract & member Cities (entities) pay the full water rate for Additional Water (at least until such time as The District reinstates some form of excess or discounted additional }water take policy. Therefore, based on the 2021 Customer contract, buying Cities shall pay the established water year rate for Additional Water taken over the MAV. This would require cities using more than the MAV to pay the annually established MAV water rate for volumes over the MAV. Hence, the benefit of the CGMA-GTUA (group) system, which NTMWD considers as a single MAV purchase by GTUA. provides the opportunity for unused water by some participants to sell their unused MAV to participants using more that its established MAV for a given water year at a discounted rate (otherwise. all cities would simply pay the full rate resulting in overpayment for the GTUA system. Basis for buy -sell rate calculation — GTUA and other Customer as well as Member Cities were impacted starting in 2021 by an advisory notice of failure to reach the MAV volume from NTMWD if a portion of the MAV was not used. The basis of this concept was that entities using less than the Water Year N1AV could share proportionally in one-third of the unspent I unused NTMWD budget. This policy of the District has not produced much savings or refunds for most entities except larger entities which had allowed their MAV to get out of hand by not implementing conservation policies aggressively resulting in high and unsustainable use. Further. this policy is restrictive for CGMA Cities as the individual entities are generally not contract entities of NTMWD. CGMA as a whole seldom has significant untaken MAV and thus the policy is of little use. In reviewing the recent history of CGMA Cites. the tendency has been to use excess water (above MAV level) after hitting the established MAV. The growth of all CGMA Cities tends to indicate that refunds from unuse are not likely to be significant. On the other hand. the Buy -sell has projected positive benefits for under and over users of their MAV. For 2022 Water Year. the available NTMWD data showed a discount for Cities selling unused MAV at a price of S0.60 ,! K gallons. No buy -sell was performed in 2023 water year as all cities used their full MAV For2024 Water year. it is suggested that the same rate as 2022 be used; thus a $0.60 discounted purchase of unused MAV. As Water Rates rose, it is likely that if available, similar data as used in 2022 would have generated an equal or higher 61 rate than the 2022 WY discount for the buy -sell agreement, therefore, using the same discounted amount as 2022 is rational, If any adjustments were identified, it is believed that a higher discounted amount than S0.60 K gallons would result. Observations for buy -sell alternative discounting polities: The Policy provision has been: the Selling Participants discounted price for the water being sold under the Buy -Sell agreements shall be based on the cost savings from NTMWD budget data using cost avoidance for electricity. chemicals, and similar cost not incurred for untaken MAV. Unused group MAV will be proportionately shared among Participant's individual under use of Entity MAV allowing individual entity remaining unused MAV to be sold through the Buy -Sell Program and discounted to the Buying Participant. The GTUA-CGMA buy -sell cost calculations should be adjusted to apply the discount methodology as the buy -sell cost calculation using the NTMWD data if available, although it is likely difficult to secure all the same data in the future since the District does not routinely produce that data as it is no longer part of District operational contracts. GTUA should be able to secure enough indicators of likely impact on the discount rate even if specific, detailed costs are not available. Therefore, if the CGMA group wants to retain the practice of using available District data there is likely still enough information to provide a rational provision available to discount the buy -sell MAV water. Alternatively, the cost discounted rate or rate concept could be one approved by the CGMA Board with discussion from CGMA Cities Staff. As an example. the process could be simplified to be a specified percentage such as a fixed 20%. Such a fixed rate could be adjusted annually or periodically as the CGMA members agree is reasonable and could be independent from the concerns over gathering appropriated cost reduction data from specific NTMWD. Another alternative could be to take an average of the °°o of rate discount over time. For example: in eleven of the last 12 years, a discounted rate was calculated using either District data or the same as the prior year. The result is an average or 21.43 % off the standard NTMVVD rate (does not impact the GTUA budget allocation or CGMA-GTUA debt / capital rate calculation). Based on the 2024 Water Year rate after $0.05 adjustment recently granted resulted in a S3.74 K gallons rate times a 21.430,E rate adjustment for purchased MAV would result in a $0,8015 rate discount. Thus, the above referenced S0,60 discount may seem too low to some cities. If the group overall want toe raise the discount amount. it is suggested that it be gradually phased in at the rate of 2 to 3 cents per year in an effort to be as equitable to both buying and selling Cities. It is important that: IQ a. There be a benefit that induces the Buying Participants to purchase unused MAV from Selling Participants. and b. it is rational that Participants not using all their allocated MAV bear some cost exposure. c. This concept proposed has provided the buyers that purchased amounts of unused MAV a discount ranging from 13% to 16% (except for the 2011 & 2012 anomaly years with the Sellers having the similar. but moderately increasing levels of reduction from the base cost of water. d, Additionally, the buyer Participants) will continue to receive credit for the purchase of unused MAV volume reducing their subsequent year MAV by the purchase volume, This also allows the aggregate CGMA MAV to match the calculated GTUA MAV as calculated by NTMWD. e, The Policy provides that the Selling Participants discount the water under the Buy -Sell agreements by calculation. if available, of rational cost savings to the production of water from the source assuming adequate data is available. Alternatively, the cost discounted rate or rate concept could be one approved by the CGMA Board with consent of the CGMA Cities Staff, As an example. the process could be simplified to be a specified percentage such as a fixed 20%. Such a fixed rate could be adjusted annually or periodically as the CGMA members agree is reasonable and could be independent from the concern over gathering detailed cost reduction data from specific annual cost factors. gallons. f, For the 2024 water year buy -sell agreement, the S0,05 cost rebated to the base price resulted in a base price for the year S0.05 less than the initial and invoiced price for all the MAV water: this nickel system wide credit or reduction in base price shall be used as the base price for calculating the buy -sell price. It is possible (as occurred in the 2021 Water year and again in the recently completed 2022 Water Year) that an overusing City may have used more water in excess of its MAV than available from at the Selling Cities: in such case, said city shall pay the GTUA-CGMA system the full rate for the Water Year based on billing after all true up volume data is validated by NTMWD and GTUA, Such was not the case for the 2021 WY. Therefore, to assure clarity. the Buying City is responsible for: 1, Purchasing it's full share of MAV as billed for the WY by GTUA, 2. Purchasing available or agreed portion of unused MAV water from selling City or Cities, 3. Purchasing any additional water taken beyond said Participant's MAV plus any unused MAV purchased from Selling Participants; the cost for this volume shall be the full established rate for the subject water year as a true up at the end of the water year when volumes and any rebates are validated by both GTUA and NTMWD. 4. Additionally,. purchasing City will receive a credit applied to the subsequent Water Year MAV thus reducing the subsequent year MAV by the volume purchased from Selling Cities, 7 Staff recommends the above methodology which provides: 1. Transparency in source of applicable rate and discount amount 2. Avoids conflicting accounting for short-term issues by charging the annually charged rates, and 3. Maintaining the credit for subsequent year MAV volume. Back testing has indicated consistency with audit validity with NTMWD volumes and the collective GTUA MAV while maintaining full accounting audit capabilities. • The following tables illustrate the funding methodologies and the resulting buy — sell amounts for the 2023-24 water year which started August 1.. 2023 and ended July 31, 2024, The NTMVVD beginning of year price / K gal was S3,79 / K gal. Subsequently, last month, NTMWD granted a S0.05 / K gal credit (reduced price for the full 2023-24 water year, While no credit for underused water was granted in the 2023 WY. Documentation from historical records indicated that if a credit for unused water had been granted, the adopted Water credit for 2023 WY was would likely have been based on $0.60 / K Gallons for that water year and that is the discounted rated included in the data below. If the Cities want to increase the discount rate. Consultant will be pleased to make the necessary revisions to this document. Therefore, it is recommended that the 2024 WY credit for the buy -sell agreements be $0.60 / K gallons as a reasonable and equitable discount rate for the 2024 Buy -Sell program: unless a differing policy is desired. Several optional methodologies are noted in the above paragraphs. 2023-24 WY (ended July 31, 2024) customer rate data All CGMA MAV water / K Recommended Discount Net sell rate for 2024 Entities gal (1000 g units Policy for unused MAV Water Year rates 1 $3.69 1 $0.60 1 $3.09 Proportionate Share Use: MAV available to be sold to Excess use City for 2023- 94 water vear MAV (in K Gal) Melissa Anna Van Howe Alstyne MAV water (all in K 571.761.6 859,848 126.469 75,505.6 gallons) j Flush, ratio City MAV ! 0.4453 0.3442 0.1135 0.0464 to tot MAV Share Flush by Ctiy 37,565 29,032 9,571 3,911 Tot Adj Wtr Take incl 778,671.3 601788.5 198,396.0 81.071.3 share flushing, maint Over /under used MAV 206.909.7 258.059 65.264.6 5.050.1 F M. Buy -Sell Vol ratio to 0.7275 total City overused NA 0.2529 0.0196 Buy Vol in K gal 187.1744.2 NA 65,264.6 7,717 1 5,050.1 622 Tot Net take over MAV 22,279.2 NA K gal purchased 187,744.2 NA 65,264.6 5,050.1 NA K gal sold NA 258,059 NA Total paid S $580,129.70 NA $201.667.80 $15,604.80 Total received $ 1 NA $797.402.30 NA NA Thus, the purchase of unused MT/P from Seller City to purchasing Cities of Melissa, Van Alstyne and Howe is shown above resulting in a total purchase of unused MAV from Anna of S 810,305.3 Note that there was no refund from NTMWD for rebate program from usage under MAV to GTUA 2024 water year. Note that program responsibility is CGMA Cities: This program is not regulated or controlled by GTUA but has been developed by the CGMA Facilitator as an Interlocal-Agreement among CGMA participating cities for the benefit of the participants with GTUA recognizing the cooperative arrangement between the Cities and reducing the Buying Cities subsequent year MAV by the volume purchased through the Interlocal Agreements between Buyer and Seller Cities. MAV obligations are paid by all cities in equal monthly payments beginning in October and concluding in September of each fiscal J budget year for the MAV as set for the water year beginning August 1 of each year based on the adjusted consumption in the prior water year ending July 31, A true up of additional water volumes over MAV is charged upon final determination of actual volumes based on both NTMWD and GTUA records. Participation in this program is not a requirement, but a choice that each participant determines independently. It is noted that the Buying City would have to pay the established water rate for the water year if this option were not available and no recovery would be available to selling Cities absent this program. However, the program allows; 1. Selling Cities to recoup a portion of the funds already spent for their required 2024 MAV; and for 2, Purchasing Cities to pay for water actually used at a moderately discounted price which allows said Purchasing City to reduce the increase in their respective MAV for the subsequent year by up to the amount of purchased MAV frorn selling City(s), level. 9 3, Cites should remember that regardless of where its consumption is for any year .... either a buyer or seller of unused MAV. that position could be changed as growth and water consumption impacts each Participant differently in future years. It is anticipated that this program will be presented to the CGMA Board for review at a Board Meeting in October 2024, CGMA Board meeting. 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N C y U a)Q7 T Q 0 N -tea cli 0 N O 7 N�cn mU �<[ m m to c9 t O C S CL CITY OF VAN ALSTYNE RESOLUTION NO. 12-2024-01 A RESOLUTION OF THE CITY OF VAN ALSTYNE, GRAYSON COUNTY, TEXAS, RELATED TO AN INTERLOCAL AGREEEMNT BETWEEN THE CITIES OF VAN ALSTYNE AND ANNA IN WHICH ANNA AGREES TO TRANSFER A PORTION OF IT’S RESPECTIVE CONTRACTUAL MINIMUM ANNUAL VOLUME WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF VAN ALSTYNE IN EXCHANGE FOR AN AGREED PAYMENT FROM VAN ALSTYNE AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTERLOCAL AGREEMENTS. WHEREAS, the City of Van Alstyne (“City”) is a Home Rule Municipality located in Grayson and Collin Counties and created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Cities of MELISSA, ANNA, VAN ALSTYNE, and HOWE have previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly Minimum Annual Volume (MAV water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the City of ANNA has chosen to not accept delivery of some or all of the required water through the end of the 2024 water year (ended July 31, 2024) and said City desires to transfer a portion of its respective and obligated Minimum Annual Volume for said 2024 water year to the City of VAN ALSTYNE for consideration detailed in an interlocal agreement; and WHEREAS, the City of VAN ALSTYNE has indicated interest in purchasing the stated portion of the Minimum Annual Volume from the City of ANNA for the water year ended July 31, 2024 as explained in a report memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Howe dated September 21, 2024 and revised October 3, 2024 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to the respective Inter-local agreements for each specified City as “Exhibit A”. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN ALSTYNE, TEXAS: SECTION 1. The City Council of the City of VAN ALSTYNE authorizes the City Manager to execute an interlocal agreement with the City of ANNA under the terms detailed in said interlocal agreement, which provides for the following: a.Receiving the transfer of a portion of said selling City of ANNA’s GTUA required 2024 water year MAV to Van Alstyne as provided for in the respective Interlocal Agreement. b.Paying the invoice submitted by the respective selling City of ANNA for the agreed portion of the 2024 water year MAV specified in the interlocal agreement. SECTION 2. It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of Lee Thomas and seconded by Angelica Pena, the above resolution was approved by the City Council of the City of Van Alstyne at its meeting held this 2nd day of December 2024, by the following vote: __4___ AYE __0___ NAY __0__ ABSTAIN DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF VAN ALSTYNE, TEXAS ON THIS 2ND DAY OF DECEMBER 2024. 12-2024-01 WATER PURCHASE GTUA ANNA 12.02.2024 1 of 1