HomeMy WebLinkAboutResolution - 2912 - Application-TWC-Permit 4146 Time Extention, Justiceburg Dam & Reservoir Project - 09/08/1988JCR:dw
RESOLUTION
Resolution #2912
September 8, 1988
Item #16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
AUTHORIZING AN APPLICATION TO THE TEXAS WATER COMMISSION FOR EXTENSION OF
TIME TO COMMENCE AND COMPLETE CONSTRUCTION UNDER PERMIT NO. 4146.
WHEREAS, the City of Lubbock, Texas, holds Permit No. 4146 authorizing
the construction of the Justiceburg Dam and Reservoir Project; and
WHEREAS, Permit No. 4146 required construction to commence by
September 25, 1986, but an extension of time to commence construction was
granted by the Texas Water Commission on October 6, 1986, extending the time
to commence to September 25, 1988; and
WHEREAS, Permit No. 4146 required construction to be completed by
September 25, 1989; and
WHEREAS, an extension of time to commence and complete construction
under Permit No. 4146 is necessary because of appeal's from the order of the
Texas Water Commission issuing Permit No. 4146 and the need for a 404 con-
struction permit from the United States Army Corps of Engineers has delayed
the project; and
WHEREAS, a further extension of time is necessary to commence the
project which is required by September 25, 1988; and
WHEREAS, an extension of time is necessary to complete the project
which is required by September 25, 1989; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized on behalf
of the City Council to execute an application and accompanying documents as
necessary to acquire an extension of time from the Texas Water Commission to
commence and complete construction of the Justiceburg Dam and Reservoir
Project under Permit No. 4146, and that the firm of Booth & Newsom is hereby
authorized and directed on behalf of the City of Lubbock to file with the
Texas Water Commission such an application to commence and complete con-
struction under Permit No. 4146, to appear and arrange for the appearances
of persons representing the City of Lubbock during proceedings on behalf of
the application, and to otherwise pursue such application on behalf of the
City of Lubbock.
Passed by the City Council on this 8th day of September , 1988.
a
B. C. McMINV, MAYOR
ATTEST:
'1 Ranette Boyd, City Secretary
V U
APP VED AS TO CONTENT:
am Wahl, Director of Water UM ities
AP OVED AS TO FORM:
G P ," .
J n C. Ross, Jr., City Attorney
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CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
AFFIDAVIT
Before me, the undersigned authority, personally appeared Beatrice
Cervantes, who,.being by me duly sworn, deposed as follows:
My name is Beatrice Cervantes, I am of sound mind, capable of making
this affidavit, and personally acquainted with the facts herein stated:
I am the deputy of the custodian of the records of the City
Secretary's Office for the City of Lubbock, Texas. Attached hereto are two
(2) pages of records known as Resolution #2912 from Minute records. These
said two (2) pages of records are kept by myself as Deputy City Secretary
in the regular course of business, and it was the regular course of
business of the City Secretary of the City of Lubbock, Texas for an
employee or representatives of the City Secretary of the City of Lubbock,
Texas, with knowledge of the act, event, condition, opinion, or diagnosis,
recorded to make the record or to transmit information thereof to be
included in such record; and the record was made at or near the time or
reasonably soon thereafter. The records attached hereto are the original
or exact duplicates of the original.
Affiant _
SWORN TO AND SUBSCRIBED before me on the 12th day of September, 1988.
(seal) _
Not ry Public, State of Texas
My commission expires:
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Beatrice Cervantes, known to
me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
1988_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of September,
oda . J)L";J
Notary Public, State of Texas
My commission expires: y-5
Resolution #2912
TEXAS WATER COMMISSION
APPLICATION FOR AN EXTENSION OF TIME TO COMMENCE AND
COMPLETE CONSTRUCTION OF AN AUTHORIZED PROJECT
(Section 11.145, Texas Water Code)
1. Personal Data of Applicant:
A. Name: City of Lubbock
B. Mailing Address: P.O. Box 2000. Lubbock. Texas 79457
C. Telephone No.: Office: 806-762-6411
D. Social Security or Federal I.D. No.: N/A
2. Project
Data:
A. Project authorization and location:
(1)
Project name (if any): JusticebuM Dam and Reservoir
(2)
Located in Garza and Kent Counties in the Brazos River
Basin on Southfork of the Double Mountain Fork Brazos
River.
(3)
Application No.: 4155 Permit No.: 4146
(4)
Permit issued date: September 25. 1984
(5)
Original beginning construction date: September 25. 1986
(6)
Original completion construction date: September 25. 1989
(7)
Current beginning construction. date: September 25. 1988
(8)
Current completion construction date: September 25. 1989
B. Type of authorized construction (check one):
(1)
New dam construction: X
(2)
Diversion works (pump, etc.):
(3)
Existing dam modification:
(4)
Other.
„
C. Time extension requested by this application:
(1) New date by which proposed construction will begin:
_September 25. 1992.
(2) New date by which construction will be completed:
September 25. 1995.
(3) State reasons for delay and state why the time requested by
the above dates is necessary: See Attachment No,_j
4. Fees:
A. TWC Rules require filing and recording fees be paid before an
application can be processed. Fees required for this application
are:
Filing: $100.00
Recording ($1.25 per page): $ 8.75
B. In addition, mailed notice fees and extensions are required (TWC
Rules §§ 295.138 and 295.159) when the new date of proposed
commencement of construction is more than four (4) years from the
date of issuance of. the permit, or if the new proposed completion
date is more than five (5) years from the date of completion required
in the original permit. The TWC executive director will advise
applicant of the fees required, and applicant understands that
payment of these additional fees will be required before this
application is considered.
Mailed notice: $273.00
Extension fee: $618.25
TOTAL OF A & B (not to exceed $1,000.00): $1,000.00
4. Signature of Applicant:
A. If this application is filed by persons other than the owner, agent
authorization must -also accompany the application.
B. C. McMinn, Mayor
Date: g ��
(See Attachment No. 2, City Council Resolution)
2
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SUBSCRIBED AND SWO N TO BEFORE ME as being true and correct on
this the _� day of 5 1988.
S
Notary Public, State of Texas
,�.,,,CIIy�Q
(SEAL)
SA ks
(Name - Typed or Printed)
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'•10 �i•�
Date Commission Expires:
My
• _.
CQMMISSICN EXPIRES
NOVEMBER - 30, 1559
.. OLIVIA R. SOLIS
i
LAD6/28
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ATTACHMENT NO. 1
TO
APPLICATION TO EXTEND TIME TO COMMENCE AND COMPLETE
CONSTRUCTION UNDER PERMIT NO. 4146 OF THE
CITY OF LUBBOCK
Protestants to the granting of Permit No. 4146. appealed the Commission's
order granting the City of Lubbock's Water Code § 11.121 permit application and
the issuance of Permit No. 4146 in Cause No. 369,838, Mr. and Mrs. Billy Wayne
Williams, et al. v. Texas Department of Water Resources, et al., which is pending
in the 126th Judicial District Court of Travis County, Texas. On April 3, 1986,
plaintiffs, in Cause No. 369,838, and the City of Lubbock entered into a
Memorandum of Agreement settling the issues in dispute between the plaintiffs
and the City. This settlement agreement provides for a schedule of events
whereby the City will complete surveying, geotechnical investigations, final
design and acquisition of a Section 404 construction permit from the U.S. Army
Corps of Engineers, Fort Worth District, and acquisition of plaintiffs' land required
for the project.
The application for a Section 404 permit for the Justiceburg Reservoir
project was filed with the U.S. Army Corps of Engineers in June of 1986. The
application is still being processed by the Corps, and it is anticipated that the
Section 404 permit will be issued toward the end of 1988 or early 1990. Land
acquisition will commence pursuant to the settlement agreement following receipt
of the Section 404 permit from the Corps of Engineers.
The City of Lubbock has worked closely with the Corps and other agencies
to develop the factual information needed for the Section 404 review. A final
Environmental Information Document (EID) is nearing completion and is to be
submitted to the Corps in September of 1988. Habitat Evaluation Procedure
(HEP) field studies and analyses of the reservoir site have been made by an
interagency team, beginning in 1986 and extending to 1988.
The City also has made HEP evaluations for two proposed mitigation sites.
Tentative agreement has been reached with the appropriate agencies
concerning suitability of the preferred mitigation site, and an operating plan for
that site is now being prepared.
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Detailed archeological surveys of the reservoir area have been completed
by the City's archeological consultant. On-site testing of key archeological sites is
now in progress.
The City of Lubbock has employed the firm of Mason -Johnston &
Associates, Inca to complete the geotechnical investigations. The City has
employed the firm of Freese and Nichols, Inc. to prepare final designs for the
project and to complete necessary survey work for land acquisition.
Lubbock's geotechnical consultants have completed the detailed
geotechnical investigation, including core borings and laboratory testing of the
subsurface materials, and have given definite confirmation that the project site is
feasible from the geotechnical standpoint.
Lubbock's engineering consultants have completed definitive flood
routings and backwater studies, and the City has completed a substantial part of
surveying and legal descriptions for purchase' of reservoir lands and flood
easements. Part of the land required for the emergency spillway has been
purchased.
It is presently estimated that final design and preparation of construction
plans and specifications can begin early in 1989.
The City of Lubbock is in the process of contemplating and negotiating a
contract with the Brazos River Authority whereby Brazos River Authority will
construct, operate, and maintain the project to provide Lubbock with a water
supply.
By formal action of the Lubbock City Council, the future reservoir has been
named Lake Alan Henry, in memory of former Mayor Henry and in recognition of
his untiring efforts toward realization of this new source of water supply for his
City.
The City contemplates that construction can be under way on or before
September 25, 1992. Completion of construction is anticipated on or before
September 25, 1995.
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