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CC Resolution No. 2433RESOLUTION NO. 2433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING ITS OPPOSITION TO THE CONSTRUCTION OF AN UNLOADING DOCK, COVERED BOATHOUSE, AND TIE -UP PILINGS IN CEDAR BAYOU AS PROPOSED BY BAYCRETE, INC., IN ITS APPLICATION TO THE U.S. ARMY CORPS OF ENGINEERS' PERMIT APPLICATION NO. SWG- 2016 - 00196; REQUESTING A PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Baycrete, Inc., (`Baycrete ") filed an application (the "Application ") with the U.S. Army Corps of Engineers ( "USACE ") to construct the following: 1. A25-foot-wide by 100 - foot -long unloading dock, 2. A 15- foot -wide by 30- foot -long covered boathouse, and 3. Four 24 -inch by 24 -inch tie -up pilings in Cedar Bayou; and (the "Improvements "); and WHEREAS, the dock, which will be used for unloading sand and gravel from barges to supply the adjacent concrete manufacturing facility, is proposed to be constructed by placing steel bulkheading, filling with approximately 1,200 cubic yards of earthen material, and placing a concrete slab on top; and WHEREAS, the City's Director of Engineering has opined that the Application misrepresents the width of Cedar Bayou and that the Improvements would impede if not outright prevent the safe navigation through the channel; and WHEREAS, the City of Baytown has long recognized Cedar Bayou as being a vital public water resource and has taken measures to protect and improve the water quality within the bayou by implementing and requiring others to implement management practices which will reduce the adverse effects of polluted runoff discharges; and WHEREAS, the City has concerns that the Improvements may result in the potential destruction of important ecological features and ultimately may have deleterious effects on the water quality; and WHEREAS, Cedar Bayou, which is identified as an "impaired water" pursuant to Section 303(d) of the Clean Water Act, will be disturbed by the construction of the Improvements as well as by the increase in barge traffic at Baycrete's site, which will increase the turbidity in Cedar Bayou with resultant dispersal of pollutants contained therein; and WHEREAS, it is the responsibility of the City as well as the U.S. Corps of Engineers to protect the public health safety and welfare; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the facts and recitations set forth in the preamble of this resolution be and are hereby, adopted, ratified, and confirmed. Section 2: That the City of Baytown hereby registers its strong opposition to the construction of an unloading dock, covered boathouse, and tie -up pilings in Cedar Bayou as proposed by Baycrete, Inc., in its application to the U.S. Army Corps of Engineers' Permit Application No. SWG- 2016 - 00196. Furthermore, the City of Baytown requests that a public hearing be held on this matter in order for the U.S. Corps of Engineers to receive additional information to evaluate the Application and the Improvements. Section 3: That the City Manager is authorized to take all actions necessary to register the City's opposition to the construction of an unloading dock, covered boathouse, and tie -up pilings in Cedar Bayou as proposed by Baycrete, Inc., in its application to the U.S. Army Corps of Engineers' Permit Application No. SWG- 2016- 00196. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. /% INTRODUCED, READ and PASSED, thb affirmative vote of the City Council of the City of Baytown this the 28`x' day of July, 2016. I _ ,# DONCARLOS, Mayor IERCEDES RENTERIA III, Council Member CHRIS PRESLEY, Council Member s �bJA� TERRY S uncil Member ATT ST: �►YTOIyy T N LETICIA BRYSCH, ty Clerk SIN c APPROVED AS TO FORM: '9TF 0 0�+ ACIO RAMIREZ, SR.ACIO RAMIREZ, SR., y Mtorney R:.KarenTiles\City Council', Resolutions\2016Vuly 28` OpposeUSCEPennitforConstiuctionNCedarBayou .doc