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Home My WebLink About03485 RES - 06/10/1953A RESOLUTION AMENDING AND EXTENDING RESOLUTION NO. 3321 ENTITLED "A RESOLUTION EX- PRESSING THE INTENTION OF THE CITY OF CORPUS CHRISTI TO THE BOARD OF WATER ENGINEERS OF THE STATE OP TEXAS, DATED MAY 25, 1946, BEING APPLI- CATIQN NO. 1456, FOR A PERMIT TO BUILD A DAM AT BLUNTZER, TEXAS; PRO - VIDING,THAT, SUBJECT TO CONDITIONS AND RESERVATIONS, PRESENTATION NO. 1261, DATED JUNE 11, 1952, PROVIDING FOR THE INVESTIGATION OF THE FEASI- BILITY BY THE CITY OF CONSTRUCTION OF A DAM AND RESER*IR 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 APPLI- CATION OF LOWER NUECES RIVER *ATER 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; RE- TAINING 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 RESERVATIONS 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, PER- MISSIONS 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 ELECTIONS; 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" BY EXTENDING THE PERIOD FOR THE BEGINNING OF THE CONSTRUCTION OF A DAM AND PROVIDING FOR FURTHER EXTENSION OF SUCH WITHIN / THE DISCRETION OF THE CITY COUNCIL; AND DECLARING AN EMERGENCYo WHEREAS, ON THE 15TH DAY OF SEPTEMBER, A. D. 1952, THE CITY COUNCIL OF THE CITY OF CORPUS.CHRISTI DID ADOPT A RESOLUTION PROVIOING, AMONG OTHER THINGS, THAT IT WAS CON- TEMPLATED BY THE CITY THAT ACTUAL WORK ON THE CONSTRUCTION OF THE DAM DESCRIBED IN SAID RESOLUTION SHALL BE STARTED WITHIN SIX (6) MONTHS FROM THE DATE OF THE LAST ELECTION AND FURTHER PROVIDING THAT FOR GOOD CAUSE THE CITY OF CORPUS CHRISTI, TEXAS, AT ITS SOLE AND ONLY DISCRETION, MAY EXTEND SUCH PERIOD; AND WHEREAS, AN ELECTION WAS DULY HELD ON DECEMBER 13, 1952, AS CONTEMPLATED IN SAID RESOLUTION, AND AT SUCH ELECTION SO HELD THE PROPOSITION SUBMITTED TO VOTERS CON- CERNING THE ISSUANCE OF BONDS, AND THE ENTERING INTO THE WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND THE TRANS- FER OF CERTAIN PROPERTY FROM THE CITY TO LOWER NUECES RIVER WATER SUPPLY DISTRICT WAS DULY CARRIED; AND WHEREAS, SAID LOWER NUECES RIVER WATER SUPPLY DISTRICT HAS BEEN PROCEEDING WITH THE PREPARATION OF THE PLANS FOR THE CONSTRUCTION OF SUCH DAM, BUT THE COMMENCEMENT OF CONSTRUCTION HAS BEEN DELAYED BY THE INSTITUTION AND PROSECUTION OF A LAW SUIT, PENDING IN THE DISTRICT COURT OF LIVE OAK COUNTY, TEXAS ENTITLED HOLMAN CARTWRIG.HT, ET AL VS. LOWER NUECES .RIVER WATER SUPPLY DISTRICT, CAUSE NO. 3770, SEEKING AN INJUNCTION AGAINST THE LOWER NUECES RIVER WATER SUPPLY DISTRICT TO ENJOIN THE CONSTRUCTION OF SAID DAM, 385 WHICH LITIGATION WILL PROBABLY EXTEND PAST THE SIX (6) MONTHSI PERIOD PROVIDED IN SAID RESOLUTION No. 3321; AND _ WHEREAS, GOOD CAUSE EXISTS FOR THE EXTENSION OF SUCH PERIOD PROVIDING FOR THE BEGINNING OF THE CONSTRUCTION OF THE SAID DAM AND THE CITY OF CORPUS CHRISTI, ACTING BY AND THROUGH ITS CITY COUNCIL, HAS DETERMINED TO EXERCISE ITS DISCRETION IN EXTENDING SAID PERIOD: ROW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE.CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE PERIOD PROVIDED IN RESOLUTION No. 3321, ADOPTED ON THE 18TH DAY OF 55 RBEMBER, A. D. 1952, WITHIN SIX (6) MONTHS FROM THE DATE OF THE LAST ELECTION CONTEMPLATED IN SAID RESOLUTION, WHICH ELECTION WAS HELD ON THE 13TH DAY OF DECEMBER, 1952, BE, AND THE SAME IS HEREBY EXTENDED SO AS TO REQUIRE THE BEGINNING OF THE CON- STRUCTION OF SAID DAM WITHIN TWELVE (12) MONTHS FROM SAID DATE OF SAID ELECTION OF DECEMBER 13, 1952• SECTION 2. IT IS HEREBY EXPRESSLY DETERMINED AND FOUND BY THE CITY COUNCIL THAT GOOD CAUSE EXISTS FOR THE EXTENSION OF SAID PERIOD. SECTION 3. THAT FURTHER EXTENSIONS MAY, FOR GOOD CAUSE, BE MADE BY THE CITY OF CORPUS CHRISTI, TEXAS AT THE SOLE AND ONLY DISCRETION OF SAID CITY FOR THE PERIOD WITHIN WHICH THE BEGINNING OF THE CONSTRUCTION OF SAID DAM SHALL BE REQUIRED. SECTION 11. THAT A CERTIFIED COPY OF THIS ORDINANCE AND RESOLUTION SHALL BE FILED WITH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS AT ITS OFFICE IN AUSTIN, TEXAS. SECTION 5. THAT THE.CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR ANDCON BE- HALF OF THE CITY OF CORPUS CHRISTI, BE, AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL INSTRUMENTS NECESSARY AND REQUISITE TO ACCOMPLISH THE INTENT OF SAID RESOLUTION No. 3321 DATED SEPTEMBER 18, 1952, AND ALL THINGS NECESSARY AND REQUISITE TO ACCOMPLISH THE INTENT OF THIS ORDINANCE. SECTION 6. THAT THE FACT THAT MATTERS BEYOND THE CONTROL OF THE CITY OF CORPUS CHRI5TI OR THE LOWER NUECES RIVER WATER SUPPLY DISTRICT HAVE DELAYED THE COMPLETION OF THE MATTERS CONTEMPLATED IN RESOLUTION No. 3321 AND THAT IT IS NECESSARY TO EXTEND AND AMEND SAID ORDINANCE SO AS TO AID IN THE PROCURING OF AN ADEQUATE WATER SUPPLY FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY -2- REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY RESOLVED THIS THE LI DAY OF JUNE, 1953- MAYOR TOE CITY ?F CORPUS CHRISTI, TEXAS ATTEST: ITY SECRETAR APPROVED AS TO LEGAL FORM: ITY -3- CORPUS CHRISTI, TEXAS d, 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH iN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC 'EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION 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, MAYOR , CITY OF C US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELI-Roy KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 34 g5