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HomeMy WebLinkAbout03321 RES - 09/18/1952A'RESOLUTION EXPRESSING THE INTENTION OF THE CITY OF CORPUS CHRISTI OF WITHDRAWING THE APPLICATION OF THE CITY OF CORPUS CHRISTI TO THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS, DATED MAY 25, 1946, BEING APPLICATION N0. 11486, FOR A PERMIT TO BUILD A DAM AT BLUNTZER, TEXAS; PROVIDING THAT, SUBJECT TO CONDITIONS AND RESERVATIONS, PRESENTATION NO. 1261, DATED JUNE 11, 1952, PROVIDING FOR THE INVESTIGATION OF THE FEASIBILITY BY THE CITY OF CONSTRUCTION OF A DAM AND RESERVOIR WITH 500,000 ACRE FEET OF WATER CAPACITY ON THE NUECES RIVER AT SOME POINT BETWEEN CALALLEN AND GEORGE WEST, TEXAS, WILL INURE TO THE BENEFIT OF THE APPLICATION OF LOWER NUECES RIVER WATER SUPPLY DISTRICT TO SAID BOARD, DATED SEPTEMBER 6, 1952, AND THAT ANY RIGHTS REMAINING IN THE CITY OF CORPUS CHRISTI FOR THE CONSTRUCTION OF A DAM NEAR MATHIS, TEXAS, GRANTED UNDER PERMIT NO. 933, WILL BE RELINQUISHED TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, BUT ALL WATER RIGHTS TO BE EXPRESSLY RETAINED; RETAINING ALL WATER RIGHTS GRANTED TO OR HELD BY THE CITY OF CORPUS CHRISTI, TEXAS; APPROVING THE APPLICATION OF THE LOWER NUECES RIVER WATER SUPPLY DISTRICT TO SAID BOARD DATED SEPTEMBER 6, 1952, FOR PERMIT TO CONSTRUCT A DAM, SUBJECT TO RESER- VATIONS AND CONDITIONS, A COPY OF WHICH APPLICATION IS ATTACHED HERETO AND MADE A PART HEREOF; SETTING OUT THE CONDITIONS AND RESERVATIONS UPON WHICH THE SAID APPROVAL, TRANSFER, AND INUREMENT WILL BE GRANTED; PROVIDING FOR A REVERTER OF ALL MATTERS, RIGHTS, PERMISSIONS AND THINGS PROVIDED TO BE GRANTED BY THIS ORDINANCE; PROVIDING THAT FOR GOOD CAUSE THE CITY OF CORPUS CHRISTI IN ITS SOLE DISCRETION MAY EXTEND PERIODS FOR HOLDING ELEC- TIONS; PROVIDING THAT A CERTIFIED COPY OF THIS ORDINANCE BE FILED WITH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ALL INSTRUMENTS NECESSARY TO ACCOMPLISH THE - INTENT OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, THE LOWER NUECES RIVER WATER S14PPLY DISTRICT ON SEPTEMBER 6, 1952, FILED APPLICATION WITH THE STATE BOARD OF WATER ENGINEERS FOR THE CONSTRUCTION OF A DAM OR RESERVOIR IMMEDIATELY BELOW THE PRESENT MATHIS DAM, OWNED BY THE CITY OF - CORPUS CHRISTI, TEXAS, SAID DAM TO HAVE A CAPACITY OF 300,000 ACRE FEET; AND WHEREAS, THE CITY OF CORPUS CHRISTI AND THE SAID DISTRICT ARE IN ACCORD WITH THE APPLICATION OF SAID DISTRICT, AND THE CITY WILL RETAIN ALL WATER RIGHTS PRESENTLY OWNED, HELD OR PERFECTED; AND WHEREAS, THE DAM OR RESERVOIR TO BE CONSTRUCTED WILL FURNISH WATER FOR THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, THE CITY, ON MAY 25, 1946, FILED ITS APPLICATION N0: 1486, FOR THE CONSTRUCTION OF A DAM AT THE BLUNTZER SITE UPON WHICH A HEARING WAS HELD JULY 1, 1946, AND CONTINUED FROM DAY -TO DAY, AND SAID APPLICATION IS STILL PENDING; AND WHEREAS, PRESENTATION NO. 1261, FILED JUNE 11, 1952, WITH SAID BOARD OF WATER ENGINEERS PROVIDED THAT THE CITY INVESTIGATE THE FEASIBILITY OF & PROJECT FOR THE CONSTRUCTION OF A DAM AND WATER RESERVOIR FOR A MAXIMUM CAPACITY OF 500,000 ACRE FEET OF WATER, TO BE LOCATED AT SOME POINT ON THE NUECES RIVER, BETWEEN WHERE STATE HIGHWAY NO. 9 CROSSES THE NUECES RIVER NEAR CALALLEN, TEXAS, AND STATE HIGH- WAY NO. 202, CROSSES SAID RIVER NEAR GEORGE WEST, TEXAS; AND WHEREAS, THE APPLICATION OF THE LOWER NUECES RIVER WATER SUPPLY DISTRICT FOR A PERMIT IS THE RESULT OF AN INVESTIGATION PROVIDED FOR IN THE CITY'S PRESENTA- TION, AND THE CITY FULLY APPROVES THE SELECTION AS INDICATED BY THE APPLICATION OF THE DISTRICT; AND WHEREAS, THE CITY ON THE 15TH DAY OF JANUARY, 1926, FILED WITH THE STATE BOARD OF WATER ENGINEERS ITS APPLICATION No. 995 FOR A PERMIT TO APPRO- PRIATE FOR THE PUBLIC RESERVOIRS SUFFICIENT WATER FOR THE PURPOSES OF POWER, MUNICIPAL AND IRRIGATION USES; AND THE STATE BOARD OF WATER ENGINEERS DID ON THE 1ST DAY OF MARCH, 1926, HOLD A HEARING AND GRANT PERMIT No. 933, FOR THE CONSTRUCTION OF A DAM AT MATHIS, TEXAS, FOR A STORAGE CAPACITY OF 500,000 ACRE FEET, AND SUBSEQUENTLY A DAM WAS BUILT AT MATHIS, TEXAS, WITH A STORAGE CAPACITY OF APPROXIMATELY 60,000 ACRE FEET, BY THE SAID CITY, AND THE CITY HAS BEEN RE- QUESTED TO RELINQUISH TO SAID WATER DISTRICT ANY REMAINING RIGHTS GRANTED UNDER SAID PERMIT No. 933 FOR CONSTRUCTION OF SAID DAM, RESERVING, HOWEVER, ALL WATER RIGHTS AND ALL OTHER RIGHTS UNDER SUCH PERMITS; AND WHEREAS, IT IS THE INTENTION OF THE LOWER NUECES RIVER WATER SUPPPLY DIS- TRICT TO HOLD A BOND ELECTION FOR THE CONSTRUCTION OF A DAM NEAR MATHIS, TEXAS, AND IT IS THE INTENTION OF THE CITY OF CORPUS CHRISTI, TEXAS, TO HOLD AN ELECTION IN REGARD TO ENTERING INTO A WATER CONTRACT WITH SAID DISTRICT AND FOR THE SALE OF THE PRESENT DAM AND RIGHTS CONNECTED THEREWITH, NOT PROVIDED HEREIN TO BE RE- SERVED TO THE CITY, TO SAID DISTRICT; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL WITHDRAW ITS APPLICATION TO THE STATE BOARD OF WATER ENGINEERS OF TEXAS, DATED MAY 251 1946) -BEING APPLICATION N0. 1486, AND BEING FOR A PERMIT TO BUILD A DAM AT BLUNTZER, TEXAS. SECTION 2. THAT, SUBJECT TO THE CONDITIONS AND RESERVATIONS HEREINAFTER PROVIDED, THAT THE PRESENTATION, BEING PRESENTATION N0. 1261, DATED JUNE 11, 1952, FILED WITH THE�STATE BOARD OF WATER ENGINEERS, AND PROV4DING THAT THE CITY OF CORPUS CHRISTI, TEXAS, INVESTIGATE THE FEASIBILITY OF A PROJECT FOR THE CONSTRUCTION OF A DAM AND RESERVOIR WITH A MAXIMUM STORAGE CAPACITY OF 5001000 ACRE FEET OF WATER AT SOME POINT ON THE NUECES RIVER BETWEEN WHERE STATE HIGHWAY ND. 9 CROSSES THE NUECES RIVER NEAR CALALLEN, TEXAS, AND STATE HIGHWAY ND. 202 CROSSES THE NUECES RIVER NEAR GEORGE WEST, TEXAS, WILL INURE TO THE BENEFIT OF THE APPLICATION OF THE LOWER NUECES RIVER WATER SUPPLY DISTRICT TO SAID BOARD OF WATER ENGINEERS, DATED SEPTEMBER 6, 1952, WHICH SAID APPLICATION IS FOR A PERMIT TO BUILD A DAM NEAR MATHIS, TEXAS. SECTION 3.' THAT, SUBJECT TO THE CONDITIONS AND RESERVATIONS HEREINAFTER PROVIDED, THE, CITY -OF CORPUS CHRISTI, WILL RELINQUISH TO SAID LOWER NUECES RIVER WATER SUPPLY DISTRICT ANY REMAINING RcA�r Hiir�e�,. �,RANTED UNDER PERMIT No. 933, BY THE z�e+�w' ? 7 STATE BOARD OF WATER ENGINEERS, DATED U, FOR THE CONSTRUCTION OF A DAM NEAR MATHIS, TEXAS, FOR THE CONSTRUCTION OF A DAM,BY THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, SUCH DAM TO BE.CONSTRUCTED IMMEDIATELY BELOW THE PRESENT DAM, BUT ALL WATER RIGHTS UNDER SAID PERM. IT ARE EXPRESSLY RETAINED. SECTION 4. THAT THE CITY OF CORPUS CHRISTI, TEXAS, SPECIFICALLY RETAINS . ALL WATER RIGHTS GRANTED BY THE ABOVE PERMITS AND ALL OTHER WATER RIGHTS GRANTED c p OR HELD BY THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 5 THAT, SUBJECT TO THE RESERVATIONS AND CONDITIONS HEREINAFTER PROVIDED, THE CITY OF CORPUS CHRISTI, TEXAS, HEREBY APPROVES THE APPLICATION OF LOWER NUECES RIVER WATER SUPPLY DISTRICT TO THE STATE BOARD OF WATER ENGINEERS, DATED SEPTEMBER 6, 1952, A COPY OF WHICH APPLICATION AND THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAID DISTRICT BEING ATTACHED HERETO AND MADE A PART HERE- OF. SECTION 6. THAT THE ABOVE AND FOREGOING RELINQUISHMENT OF RIGHT TO BUILD A DAM AS PROVIDED IN SAID PERMIT NO. 933, INUREMENT OF PRESENTATION N0. 1261 TO THE BENEFIT OF SAID WATER DISTRICT, APPROVAL OF SAID APPLICATION OF THE DISTRICT BY THE CITY SHALL BE EFFECTIVE UPON THE PERFORMANCE OF THE FOLLOWING CONDITIONS AID SUBJECT TO THE RESERVATION THAT THE CITY OF CORPUS CHRISTI RETAINS ALL OF THE WATER RIGHTSGRANTED TO OR HELD BY SAID CITY, SAID CONDITIONS BEING AS FOLLOWS: (A) THAT THE BOND ELECTION OF SAID DISTRICT SHALL AUTHORIZE THE ISSUANCE. OF BONDS TO BUILD SAID DAM BY THE DISTRCT; ' (B) ELECTION OF THE CITY OF CORPUS CHRISTI, TEXAS, IN REGARD TO ENTERING A WATER CONTRACT WITH SAID DISTRICT SHALL AUTHORIZE THE MAKING OF SUCH CONTRACT; (C) ELECTION OF THE CITY OF CORPUS CHRISTI) TEXAS, IN REGARD TO SALE OF PRESENT DAM AND RIGHTS CONNECTED WITH SAME NOT PROVIDED TO BE RESERVED HEREIN SHALL AUTHORIZE SUCH SALE. (D) THAT ANY OTHER ELECTIONS IN CONNECTION WITH THE BUILDING OF SAID F DAM SHALL BE FAVORABLE TO THE SAME. (E) THAT THE SAID APPLICATION FOR A PERMIT BY SAID WATER DISTRICT BE GRANTED BY THE BOARD OF WATER ENGINEERS. (F) THAT SUCH ELECTIONS SHALL BE HELD AS SOON AS POSSIBLE AND IN NO EVENT MORE THAN SIX MONTHS FROM DATE HEREOF. SECTION 7. `PRAT IN THE EVENT SUCH ELECTIONS AS PROVIDED IN SECTION E) SHALL BE HELD AND CARRIED THEN THE ACTUAL WORK ON THE CONSTRUCTION OF DAM SHALL BE STARTED WITHIN S)Y MONTHS FROMTHE DATE OF THE LAST ELECTION AND PROSECUTED WITH DILIGENCE THEREAFTER, AND IN EVENT SAID DAM SHALL NOT BE STARTED WITHIN THE SAID PERIOD AND WORK THEREON PROSECUTED WITH DILIGENCE THEN ALL MATTERS RIGHTS, PERMIS- SIONS AND THINGS PROVIDED TO BE GRANTED TO DISTRICT BY THIS ORDINANCE SHALL REVERT ' 0 AND BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI; TEXAS. 99 SECTION 8. THAT FOR GOOD CAUSE THE CITY OF CORPUS CHRISTI, TEXAS, AT ITS SOLE AND ONLY DISCRETION MAY EXTEND THE ABOVE MENTIONED PERIODS SPECIFIED TOR THE HOLDING OF THE ELECTIONS AND THE BEGINNING OF THE CONSTRUCTION OF THE DAM. SECTION 9• THAT A CERTIFIED COPY OF THIS ORDINANCE BE FILED WITH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS AT ITS OFFICE IN AUSTIN, TEXAS. SECTION 10. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL INSTRUMENTS AND TO DO ALL THINGS NECESSARY AND REQUISITE TO ACCOMPLISH- ING THE INTENT OF T$lIS ORDINANCE AND TO MAKE PROPER PRESENTATION TO THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS. SECTION 11. THAT THE FACT THAT THE GROWTH AND LIFE OF THE CITY OF CORPUS CHRISTI IS SERIOUSLY HAMPERED AND ENDANGERED BY THE LACK OF AN ADEQUATE WATER SUPPLY AND IT IS ESSENTIAL THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL BE ASSURED OF AN ADEQUATE AND IMMEDIATE SUPPLY /OF WATER AND THE IMMEDIATE NEED FOR TAKING THE AFORE- SAID ACTIONS TO FACILITATE THE BUILDING OF A DAM TO SO.PROVIDE SUCH A WATER SUPPLY CREATE A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF FTS INTRODUCTION AND THAT SUCH ORDINANEC OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, TH THE /° DAY OF SEPTEMBER, A.D. 1952. TEST: R ` T CITY OF COR"R CITY SECRETARY APPROVED AS TO LEGAL FORM: 551 ANT CITY A ORNEY AND ACTING CITY ATTORNEY � r TO ME MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: Corpus Christi, Texas � �'? 19S2_ For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, hereby 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, C AYOR /Qm City of Corpus Chri.ti, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman �7 Jack DeForrest Sydney E. Herndon_ George L. Lowman _ Frank E. Williamson IIIB. No ............... APPLICATION FOR PERMIT TO APPROPR +A +E, STORE AND DIVERT CERTAIN WATERS OF THE UNAPPROPRIATED WATERS OF THE STATE OF TEXAS, BY THE USE OF IMPOUNDING. THE STATE OF TEXAS COUNTY OF.NUECES.. TO THE BOARD OF WATER ENGINEERS FOR THE STATE OF TEXAS: 1. THE UNDERSIGNED, WHOE NAME AND ADDRESS.......... AS- FOLLOWS: (IS OR ARE) LOWER NUECES RIVER WATER SUPPLY DISTRICT CORPUS CHRISTI, TEXAS FENNER ROTH, PRESIDENT 840 WILSON BLDG., CORPUS CHRISTI, TEXAS CHARLES GALLAND, SECRETARY 840 WILSON BLDG., CORPUS CHRISTI TEXAS (NAME) (POSTOFFICE ADDRESS] BEING FIRST DULY SWORN DESPOSE AND SAY THAT THEY DESIRE TO CONSTRUCT A DAM TO IMPOUND ......... 300,000 .. ...........................ACRE FEET, AND TO DIVERT FROM THE RESER- VOIR PROPOSED TO BE CREATED OF THE APPROPRIATED WATER OF THE STATE OF TEXAS, FOR THE PURPOSE OF MUNICIPAL SUPPLY FROM THE NUECES RIVER, A TRIBUTARY OF THE - - - - -- WATERCOURSE) IN SAN PATRICIO, LIVE OAK AND JIM WELLS COUNTIES, TEXAS, AND TO USE THE BED AND BANKS OF THE NUECES RIVER TO CONVEY THE WATER FROM THE PROPOSED DAM TO THE PUMPING PLANT OF THE CITY OF CORPUS CHRISTI NEAR CALALLEN, TEXAS. 2. IF A CORPORATION, GIVE NAME; ALSO NAMES AND POSTOFFICE ADDRESSES OF PRINCIPAL OFFICIALS: LOWER NUECES RIVER WATER SUPPLY DISTRICT, 840 WILSON BLDG, CORPUS CHRISTI, TEXAS FENNER ROTH, PRES. CHARLES GALLAND, SECRETARY EDGAR LINKENHOGER,DIR. GUY 1. WARREN, VICE -PRES. JOHN F. LYNCH, DIRECTOR 3/ THE PROPOSED DAM IS LOCATED AT A POINT WHICH BEARS S 62 DEG. E. 8030 FT. (BEARING AND DISTANCE) FROM THE MOST EASTERT CORNER OF JOSE MIGUEL ALDRETE ORIGINAL SURVEY UJ 2.7 PDT., ON THE EAST BANK OF THE NUECES RIVER IN JIM WELLS AND SAM PATRICIO COUNTIES, TEXAS, AND IS DISTANT IN A WESTERLY DIRECTION FROM SINTON, TEXAS, 22 MILES. (COUNTY SEAT OR NEAREST TOWN) GIVE NAME AND POST OFFICE ADDRESS OF OWNER OF LAND UPON WHICH PROPOSED DAM WILL BE LOCATED: CITY OF CORPUS CHRISTI, CORPUS CHRISTI, TEXAS OR ON LAND TO BE OBTAINED BY THE LOWER NUECES RIVER WATER SUPPLY DISTRICT 4. THE DETAILED DESCRIPTION OF THE WORKS PROPOSED TO BE INSTALLED IS AS FOLLOWS: (A) DESCRIPTION OF DAM: (B) CAPACITY OF RESERVOIR MATERIAL OF DAM EARTH FILL AND CONCRETE AVERAGE WIDTH OF RESERVOIR 1.1 MILES HEIGHT OF DAM 84 FT. MAX. LENGTH OF IMPOUNDED WATER 30 MILE LENGTH OF DAM 5700 FT. AVERAGE DEPTH OF STORED WATER 14.3 FT. BOTTOM WIDTH OF DAM 465 FT. CAPACITY CUBIC FEET, TOP WIDTH OF DAM 45 FT. OF 300,000 ACRE FEET. 5. THE DEVICES AND METHODS TO BE USED IN DIVERTING'WATER FROM THE RESERVOIR PROPOSED TO BE CREATED WILL BE: (A) IF PUMPING PLANT: SIZE AND TYPE OF PUMP NO PUMPING PLANT AT DAM. KIND AND HORSEPOWER OF ENGINE ' HEIGHT OF LIFT (B) IF BY GRAVITY: WILL UTILIZE CHANNEL OF THE NUECES RIVER TO CONVEY WATER FROM THE DAM TO THE CITY OF CORPUS CHRISTI PUMPING PLANT NEAR CALALLEN. SIZE AND CARRYING CAPACITY OF MAIN CANAL SIZE OF HEADGATE 2 - 4 FT BY 5 FT. OUTLETS AT DAM 6. IF THE DEVELOPMENT OF POWER IS BY WHEEL OR TURBINE, THE FOLLOWING WILL BE USED: THERE WILL BE INSTALLED WHEEL OR TURBINE) SIZE OF WHEEL HEAD OF WATER FEET FLOW THROUGH WHEEL OR TURBINE CU. FT. PER SECOND. 7. THE LANDS PROPOSED TO BE IRRIGATED ARE DESCRIBED AS FOLLOWS: (GIVE FIELD DOTES WITH SOME CORNER OF AN ORIGINAL SURVEY AS THE INITIAL POINT.) NONE THE PROPOSED DAM WILL BE LOCATED ABOUT 1300 FEET DOWNSTREAM OF AND WILL SUBMERGE THE EXISTING MATHIS DAM AND LAKE CORPUS CHRISTI. NO INCREASE OF APPROPRIATION OF WATER IS REQUESTED. SEE ACCOMPANYING RESOLUTION OF THE BOARD OF DIRECTORS OF THE LOWEA NUECES RIVER WATER SUPPLY DISTRICT. I E@lFT-A4-HI•HB ------------- ABRES. 8. SURPLUS WATER WILL BE RETURNED TO RIVER DOWNSTREAM FROM THE DAM XXXXXXXXXXXXX SURVEY NO.......... AS INDICATED ON MAP. THE FOREGOING DETAILED STATEMENTS ARE FURTHER DELINEATED AND DESCRIBED ON THE MAPS, PLATS, PROFILES AND DRAWINGS SUBMITTED WITH THE APPLICATION. 9. IF A PERMIT FOR THE CONSTRUCTION OF THE DAM IS GRANTED, EITHER IN WHOLE OR IN PART, CONSTRUCTION WORK WILL BE BEGUN WITHIN 90 DAYS AFTER SUCH PERMIT IS ISSUED. 10. THE PROPOSED WORK WILL BE PROSECUTED WITH DILIGENCE, AND WILL BE SUFFICIENTLY COM- PLETED SO THAT THE APPLICATION OF THE DAM TO THE PROPOSED USE WILL BE MADE WITHIN 24 MONTHS FROM DATE OF ISSUANCE OF PERMIT. WITNESS MY HAND AT CORPUS CHRISTIy TEXAS, THIS THE 6TH DAY OF SEPTEMBER, A.D. 1952• /S/ FENNER ROTH A/ CHARLES GALLAND SUBSCRIBED AND SWORN TO BEFORE MEN A NOTARY PUBLIC IN AND FOR ................ COUNTY, TEXAS, THIS THE ................ DAY OF................ A.D. 194....... NOTARY PUBLIC .... • .... • ......... .TEXAS. (COUNTY) OFFICE RECORD RECIEVED ............................. ORDERED FILED ........................ HEARING SET FOR ...................... TOTALFEES ............................ ......................SECRETARY THE FOLLOWING RESOLUTION WAS INTRODUCED AND ADOPTED BY THE BOARD OF DIRECTORS: "THE STATE OF TEXAS COUNTY OF NUECES X ON THIS THE 28TH DAY OF AUGUST, 1952, THE BOARD OF DIRECTORS OF LOWER NUECES RIVER WATER SUPPLY DISTRICT CONVENED IN SPECIAL SESSION AT THE REGULAR MEETING PLACE OF SAID BOARD IN SAID DISTRICT WITH THE FOLLOWING MEMBERS PRESENT, TO -WIT: FENNER ROTH, PRESIDENT GUY 1. WARREN, VICE PRESIDENT EDGAR LINKENHOGER, DIRECTOR CHARLES GALLAND, SECRETARY AND THE FOLLOWING ABSENT: JOHN F. LYNCH, DIRECTOR THE FOLLOWING RESOLUTION WAS INTRODUCED BY DIRECTOR GUY (..WARREN. DIRECTOR EDGAR LINKENHOGER MADE A MOTION THAT THE RESOLUTION BE ADOPTED. THE MOTION WAS SECONDED BY DIRECTOR CHARLES - GALLAND AND CARRIED BY THE FOLLOWING VOTE: F AYES: FENNER ROTH, GUY 1. WARREN, EDGAR LINKENHOGER, CHARLES GALLAND. NOES: NONE. A RESOLUTION WHEREAS, THE LOWER NUECES RIVER WATER SUPPLY DISTRICT HAS APPROVED THE PRELIMINARY ENGINEERING REPORT DATED MARCH 1952 AS REVISED MAY 1952 OF AMBURSEN ENGINEERING COMPANY AND MYERS & NOYES AND ASSOCIATES, ENGINEERS EM- PLOYED BY THE DISTRICT; AND WHEREAS, AN AGREEMENT TO CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, AND THE DISTRICT IS BEING NEGOTIATED UNDER WHICH AGREEMENT IT IS PRO- POSED THAT THE DISTRICT WILL BUILD AND CONSTRUCT A RESERVOIR TO IMPOUND FOR THE CITY 300,000 ACRE FEET OF FLOOD AND STORM WATER OF THE NUECES RIVER, AT A LOCATION IMMEDIATELY BELOW THE PRESENT MATHIS DAM AND LAKE CORPUS CHRISTI; AND WHEREAS, BY SAID AGREEMENT THE CITY OF CORPUS CHRISTI, TEXAS, WILL CONTINUE TO OWN AND CONTROL ITS WATER'RIGHTS AS HERETOFORE HAVE BEEN GRANTED THE SAID CITY BY THE BOARD OF WATER ENGINEERS; AND WHEREAS, IT IS NECESSARY AND FEASIBLE THAT THE DISTRICT OBTAIN FROM THE BOARD OF WATER ENGINEERS A PERMIT TO CONSTRUCT AND BUILD SAID RESERVOIR AS PLANNED BY AMBURSEN ENGINEERING COMPANY AND MYERS & NOYES AND ASSOCIATES, AND APPROVED THE 28TH DAY OF AUGUST, 1952• NOW, THEREFORE, BE IT RESOLVED THAT THE PRESIDENT AND SECRETARY, BE AND ARE AUTHORIZED TO MAKE APPLICATION TO THE BOARD OF WATER ENGINEERS FOR THE STATE OF TEXAS, FOR A PERMIT TO BUILD AND CONSTRUCT A DAM OR- RESERVOIR AS PLANNED BY AMBURSEN ENGINEERING COMPANY AND MYERS & NOYES AND ASSOCIATES, AND APPROVED BY THE BOARD OF DIRECTORS THE 28TH DAY OF AUGUST, 1952, FOR THE PURPOSE OF IMPOUNDING STORM AND FLOOD WATERS FOR THE CITY OF CORPUS CHRISTI, TEXAS, UNDER THE EXISTING WATTR PERMITS OF THE CITY, AND TO STORE APPROXIMATELY 300,000 ACRE FEET OF WATER; THAT NO WATER RIGHTS SHALL BE AFFECTED BY SAID APPLICATION FOR PERMIT, SAME TO REMAIN IN THE CITY OF CORPUS CHRISTI, TEXAS; THE LOCATION FOR SAID RESERVOIR OR DAM SHALL BE IMMEDIATELY BELOW THE PRESENT MATHIS DAM AND LAKE CORPUS CHRISTI. ADOPTED AND APPROVED THIS 28TH DAY OF AUGUST, 1952• /S/ FENNER ROTH PRESIDENT, BOARD OF DIRECTORS ATTEST: /8� CHARLES GALLAND SECRETARY