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HomeMy WebLinkAbout14541 RES - 10/04/1978jkh:10- 3- 78;lst A RESOLUTION EXPRESSING THE UNDERSTANDING AND WILLINGNESS TO ACCEPT, ASSUME AND CARRY OUT CERTAIN RESPONSIBILI- TIES IDENTIFIED IN THE CORPUS CHRISTI 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Nueces County, Texas, recognizes that pursuant to the Federal Water Pollution Control Act,as amended, the Governor shall designate one or more waste treatment management agencies to carry out appropriate portions of an Areawide Waste Treatment Management Plan for the Corpus Christi 208 Planning Area developed under Section 208(b) of said Act; and WHEREAS, said designated management agency must have the authority and capability to carry out applicable portions of the Areawide Waste Treatment Management Plan; and WHEREAS, the designated management agency must indicate its willingness to proceed to carry out its responsibilities as identified in the Areawide Waste Treatment Management Plan: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Council of the City of Corpus Christi, Nueces County, Texas, does hereby agree to accept, assume and carry out certain responsibilties identified -in the Corpus Christi 208 Areawide Waste Treatment Management Plan as provided in Chapter VI of Report IX of said plan, such responsibilities being attached hereto as Attachment "A" and made a part hereof by reference as though fully set out herein. SECTION 2. The necessity to express the understanding and willing- ness of the City of Corpus Christi to accept, assume and carry out certain responsibilities identified in the Corpus Christi 208 Areawide Waste Treatment Management Plan, as more fully set forth hereinabove, creates t i a public emergency and an imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be MCI* tM 4�p passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor,having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this resolution be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the___�' day of October, 1978. ATTEST: City Secretary MAYOR Pro- um APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS __DAY OF OCTOBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistan*Ci rn ey i c 1980 - Expand Laguna Madre treatment plant to a 1.3 contact stabilization plant. Long Term 1990 - Convert private treatment plant at Rodd Field to lift station and construct force main to the Oso collection system. This solution would not be pursued until some governmental entity assumed responsibility for growth between Rodd Field and the present Corpus Christi city limits and also for the wastewater generated at Rodd Field. Authority: An incorporated city has the necessary authority to carry out the responsibilities of a wastewater facility management agency within its" city limits and extraterritorial jurisdiction. These responsi- bilities include planning, design, construction, operation, maintenance, and financing of wastewater facilities. Such legal authority specifically includes the following: 208 Requirement Section 208 (c)(2)(C) - To design, construct, operate, and maintain treatment works. Section 208 (c)(2)(D) - To accept and utilize grants and other funds. Section 208 (c)(2)(E) - To raise revenues. Section 208 (c)(2)(F) - To incur indebtedness. Section 208 (c)(2)(G) - To insure each participant pays its propor- tionate share. Section 208 (c)(2)(H)'- To refuse to receive wastes of noncompliants. Section 208 (c)(2)(I) - To treat industrial wastes. No additional authority is required. Citation of Legal Authority TEX. REV. CIV• STAT. ANN. arts. 969b sec. 1, 1015(3), 1015(25), 1107, 1108, 1109, 1110, 1111, 1175(13) 1175(15), 1175(29). TEX. WATER CODE ANN. Sec. 21.355(a)(2) (1972). TEX. WATER CODE ANN. Sec. 21.356(b). TEX. REV. CIV. STAT. ANN. arts. 969b sec. 3 (Supp. 1969), 1111 (1964). TEX. WATER CODE ANN. Sec. 21.356(b) (1972). TEX. REV. CIV. STAT. ANN. art. 4413 (32c). ' TEX. WATER CODE ANN. Sections 21.003 (4) and (9) 21.356(a). 4 Corpus Christi, Texas 4 day of�o �uA- , 19'7 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR P10- em THE CITY OF CORPUS CHRISTI, /TEXAS The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley (lue 11 David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley T David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 11CROFILMEg. JUL p 8 1980