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5/02/68- INVESTIGATE AND REPORT METHODS - .. ,.. . . A r:lESOLUTION AUTHORIZING AND APPOINTING A CO~rrTTEE TO INVF-BTIGATE AND REPORT METHODS FOR CORRECTION OF DETRIHENTAI CONDITIONS OF CIBOLO CREEK 'ilHEREAS, on numerous occasions, the unhealthy con- dition of the Cibolo Creek waS reported to the Texas Stete Department of Health; and 1N}mREAS, too unhealthy condition of the Cibolo Creek was also reported to the San Antonio River Authority; and "nIEREAS, a petition bearing the signatures of some t,-JO hundred responsible citizens stating the deplorable conditions existing in the Cibolo Creek was submitted to the State Board of Health, State Water Pollution Control Board, Parks and Wildlife Commission, Austin, Texas, and Commis- sioners Court, Guadalupe County, Seguin, Texas; and c\1F.EREAS, the City Counoil of the City of Schertz is desirous to take further action in cooperation with the City of Universal City to resolve the undesirable existing comditions; now therefore BE IT RESOLVED BY Tfl.E CITY COUNCIL OF THE CITY OF SCHERTZ: 1. To appoint a committee to investigate the methods for correction of oonditions in the Cibolo Creek and to work with a similar committee appointed by the City of Universal Cjty. 2. To report their find;.ne;s to the City COlmcil of the City of Schertz, ~:~~D kT D APPROVED TiTIS :1.. d day o~' Cjf~/~:?&c~~~aYor ATTEST: ~reA~jJ.OoQ) City Secretary . . THE STATE BO~RD OF HEAJ~TH STATE OF TEXAS AUSTIN, T',-1i:AS STATE WATER POLLUTION CONTROL BOARD AUSTIN, TEXAS PAFJiS .AND!;lILDLIFE CQIfJilITSSION STATE OF TEXAS AUSTIN, TEXAS C0!11"ISSIONERS 1 S COURT GUADA1UP}~ COUNTY, TEXAS SEGUIN, TEXAS "Je, the undersigned, herewith petition the above- mentioned bodies to abate the nuisance nOt, ixisting in the waters of Cibolo Creek within the city limits of Schertz, '" lexas, created by a sewerage disposal plant operated by the City of Universal City, Texas, which operations constitute a public nuisance affecting the residents of the City of Schertz, Texas, The operation of such sewerage disposal plant cornstitutes a nuisance in the following respects: 1. The discharge from such plant pollutes the Cibolo Creek, a portion of which is within the city limits of the City of Schertz, Texas, and renders same unusable for use by farm livestock, drinking and domestic purposes and for all of which purposes the waters of such stream are used in the City of Schertz, Texas. 2. The discharge of such effluent into the Cibolo Creek creates ponds which are breeding places for flies ,dthin the incorporated city of Schertz, Texas, which is a populous area. 3. The sewerage disposal plant aforesaid con- trolled and operated by the City of Universal C5.ty, Texas, is not maintained. in a sanitary condition and tffi noxious odors from such plant, and the mischarge therefrom into the Cibolo Creek, creates unpleasant odors emamating from the waters of fuhe waters of the Cibolo ereek and des- troys fish and game life in such stream, a public stream in the corporate limits of the City of Schertz, Texas. . 4. The discharge of effluent from the sewerage dlsposal plant in Universal City causes a collection of water in Cibolo Creek within the corporate limits of the City of Schertz, Texas, which c~stitutes a breeding place for mosqpitoes. <). The operation of tffi sewerage disposal plant aforesaid by the City of Universal C'.ty, Texas, dis- charges an effluent into the Cbolo Cree":, which eff- lLT.ent is so polluted so that same endanC'ers the Dublic heal th and the health of the ci tizens oifue Ci ty ~f Schertz, Texas. . . 6. The effluent discharged into the Cibo16 Creek, a portLn of which li.es within the City of Schertz, Texac, from the Seb!8J'age C]5.:3~)oGal plant in Universal Ci t,y", Texas, causes and ,..dll Cav.se such waters to be unclean, noxious, odorous, impure, contaminated, altered and otherwise affected to such an extent that ~~ey are rendered harm- ful, detrimental and injurious to public health, safety or welfare, and to terrestrial or aquatic life, and the gro,.,th and propaGation thereof, and to tbe use of such waters for d01TIe,gtic, commercial, industrial, agricul- tural, recreational and other la,.,-ful reasona.)le use, "hich said discharpe is not pursuant to or in accordance with any existion permit for the discharge of effluent from the said sewaG8 disposal plant of Universal ity, Texa~, that all such acts by the sa;.c Oity of Universal City, rr'e}'~- 8, in the operation of such sewera~e disposal plant constitute a public nuisance and in addition thereto are a violation of Art.4LiLi4; Art. L:477-1; and Art. 7621d, V.A.C.S. NHEREFORE the 1illdersigned, constituticn the Mayor of the CJty of Schertz, Texas, the City Council of the City of Schertz, Texas, and residents and citizens of such city, hereby petition till respective addressees to a bate the nuisances complained of and to such othir steps as may be au~"orized by a;Jpropriate law to remedy the unhealthy dangerous and unsanitary conditions which exist by reasons of the premises. Roy If. Richard j.larlyn E. Voss Raymond G. Koym HarTey H. Moneypenny Nalford C. Koch Albert E. Dobson Ralph R. Ikels L. J. Kazben Clifford L. Rowell, Sr. l'Ir. W. E. Kaby Archie