HomeMy WebLinkAbout023539 RES - 01/19/1999RESOLUTION
RELATING TO THE TAKING OF THE LAND DESIGNATED AS A
WILDLIFE AND BIRD SANCTUARY AT THE WESLEY SEALE DAM AND
RESERVOIR FOR THE CONSTRUCTION OF SPILLWAY
STABILIZATION AND RELATED IMPROVEMENTS.
WHEREAS, the City of Corpus Christi acquired 975.16± acres of property in Live Oak and San
Patricio Counties, from the Lower Nueces River Water Supply District, as part of the facilities of
the Water Division of the Department of Public Utilities; and
WHEREAS, in 1981, the City Council designated portions of the property as a wildlife and bird
sanctuary, but reserved the right to use the property as part of the facilities of the Water Division
of the Department of Public Utilities and the operations of the City and the Water District ; and
WHEREAS, the portions of the Wesley Seale Dam property that have been used as a wildlife
and bird sanctuary are now needed to allow construction of the spillway stabilization project and
related improvements; and
WHEREAS, continued access to portions of the site by outside persons will interfere with the
construction of the improvements and the ongoing operations of the Wesley Seale Dam; and
WHEREAS, studies done by the City's consulting engineers have found that there is no feasible
and prudent alternative to the use of the designated portions of the wildlife sanctuary for the
construction of spillway stabilization and other improvements; and
WHEREAS, reasonable measures are being taken to minimize harm to natural areas within the
portions of the downstream area, which were previously designated as a wildlife and bird
sanctuary, including restrictions on clearing trees and limiting work within the sanctuary to those
areas requiring rehabilitation; and
WHEREAS, the required notices have been published in the Corpus Christi Caller -Times on
December 28, 1998, January 4, 1999, and January 11, 1999, and a public hearing was held on
January 19, 1999, on the proposed use of the designated wildlife and bird sanctuary, as required
by Chapter 26 of the Texas Parks and Wildlife Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council of the City of Corpus Christi finds that portions of the City's
property at the Wesley Seale Dam and Reservoir, which were previously designated as a wildlife
and bird sanctuary, are needed for the construction of spillway stabilization and related
improvements, as authorized by the City's Capital Improvement Project Water Project No. 49.
The City Council specifically finds that there is no feasible and prudent alternative to the use or
taking of the land for this purpose, and all reasonable planning efforts have been made to
minimize harm to the vegetated portions of the facility, which are currently being used as a
R83726D1.013
23539
wildlife and bird sanctuary, and any wildlife and birds that may use the facility, as a result of the
construction project.
ATTEST:
Armando Chapa, City Secretary
APPROVED: 13th day of January, 1999.
James R. Bray Jr., City Attorne
By:
R. J. ' ei ' ng
A sista City Attorney
R83726D1.013
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, r., Mayor
Corpus Christi, Texas
1 day of Ck.n -k
,1999
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
R83726D1.013
(123539
State of Texas
County of Nueces
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PUBLISHER'S AFFIDA
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ACCOUNTS PAYABLE
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Before me, the undersigned, a Notary Public, this day personally came Darrell
G. Coleman, who being first duly sworn, according to law, says that he is Vice -
President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily
newspaper published at Corpus Christi in said City and State, generally
circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes,
Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb
Counties, and that the publication of, CITY OF CORPUS CHRISTI PUBLIC
which the annexed is a true copy, was inserted in the Corpus Christi Caller -
Times and on the World Wide Web on the Caller -Times Interactive on the 28TH
day(s) of DECEMBER, 1998.
TWO (2 ) Time(s)
$113.75
tQet. gvo. aa35-39
Vice -President and Chief Financial Officer
Subscribed and sworn to me on the date of
DECEMBER 29, 1998.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.
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4
Corpus Christi Caller -Times, Monday, December 28, 1998/
1110 LEGAL
NO ?ICES
CITY OF CORPUS
CHRISTI PUBLIC
HEARING
PUBLIC NOTICE IS
HEREBY GIVEN that the
City Council of the City of
Corpus Christi will hold a
public hearing on
Tuesday, January 19,
1999, during the
regularly scheduled City
Council meeting which
begins at 2:00 p.m. in the
City Council Chambers,
1201 Leopard Street,
Corpus Christi, Texas.
The public hearing is
being held to determine
whether portions of the
Wildlife and Bird
Sanctuary at the Wesley
Seale Dam should be
used for Capital
Improvement Program
Water Project No. 49,
Wesley Seale Dam
Spillway Stabilization;
i.e., dam repair activities
that may occur within or
impact the sanctuary,
including use of existing
roadways, construction
of a staging area,
construction of a
temporary cofferdam,
construction of a
temporary channel,
installation of anchors,
roller compacted
concrete (mass ballast)
installation, modification
of spillway hearth,
modifications of gates,
and restoration/repair
work on the four check
dams downstream of the
North Spillway within the
sanctuary area. This
public hearing is being
held under the provisions
of §26.002, Texas Parks
& Wildlife Code.
/s/Armando Chapa
City Secretary
City of Coos Christi