HomeMy WebLinkAbout03689 RES - 03/10/1954A RESOLUTION
AMENDING AND EXTENDING RESOLUTION NO. 3321 ENTITLED "A RESOLU-
TION EXPRESSING THE INTENTION OF THE CITY OF CORPUS CHRISTI TO
THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS, DATED MAY
25, 1946, BEING APPLICATION NO. 1486, 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 REMAIN-
ING IN THE CITY OF CORPUS CHRISTI FOR THE CONSTRUCTION OF A DAM
NEAR NATHIS, TEXAS, GRANTED UNDER PERMIT NO. 933, WILL BE RELIN-
QUISFIED 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; APPROV-
ING 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, RIGHT, 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 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 PANAGER TO EXECUTE
ALL INSTRUMENTS NECESSARY TO ACCOMPLISH THE INTENT OF THIS
ORDINANCE; AND DECLARING AN EMERGENCY" BY PROVIDING FOR THE RE-
HOLDING OF ANY ELECTIONS WHICH MIGHT BE DECLARED INEFFECTIVE OR
INVALID AND AS TO SUCH ELECTIONS DECLAR NG THE TIME REQUIREMENT
WAIVED, AND BY EXTENDING THE PERIOD FOR THE BEGINNING OF THE CON-
STRUCTION OF A DAM FOR A PER OD OF EIGHTEEN MONTHS FROM AND AFTER
DECEMBER, 13, 52, AND PROVIDING FOR FURTHER EXTENSIONS OF SUCH
WITHIN THE ETION OF THE CITY COUNCIL; AND DECLARING AN
EMERGENCY.
WHEREAS, ON THE 18TH DAY OF SEPTEMBER, A. D. 1952, THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI DID ADOPT A RESOLUTION PROVIDING, AMONG OTHER THINGS,
THAT IT WAS CONTEMPLATED 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, ELECTIONS WERE DULY HELD ON DECEMBER 131 1952, AS CONTEMPLATED
IN SAID RESOLUTION, AND AT SUCH ELECTIONS SO HELD THE PROPOSITIONS SUBMITTED TO
VOTERS CONCERNING THE ISSUANCE OF BONDS, AND THE ENTERING INTO THE WATER CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI AND THE LOWER NUL"CES RIVER WATER SUPPLY DISTRICT
AND THE TRANSFER OF CERTAIN PROPERTY FROM THE CITY TO LOWER NUECES RIVER WATER
SUPPLY DISTRICT WAS DULY CARRIED; AND
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WHEREAS, SAID ELECTIONS HAVE BEEN RECOGNIZED AND ACCEPTED BY THE
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AS COMPLIANCE WITH THE
CONDITION THAT CERTAIN ELECTIONS BE HELD WITHIN SIX MONTHS FROM THE DATE OF
SAID RESOLUTION OF SEPTEMBER 18, 1952, BUT THE VALIDITY OF CERTAIN OF SAID
ELECTIONS HAVE BEEN QUESTIONED; AND
WHEREAS, SAID LOWER NUECES RIVER WATER SUPPLY DISTRICT HA3 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 L{VE OAK COUNTY,
TEXAS ENTITLED HOLMAN CARTWRIGHT, 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, WHICH
LITIGATION WILL PROBABLY EXTEND PAST THE THREE j3) MONTHS EXTENSION PERIOD
PROVIDED IN RESOLUTION 1`10. 3615, BY THE TERMS OF WHICH ORDINANCE THE EXTENSION
PERIOD EXPIRES ON MARCH 13, 1954; 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:
NOW', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
o SECTION I. THAT THE PERIOD PROVIDED IN RESOLUTION NO. 3321, ADOPTED
ON THE IUTH DAY OF SEPTEMBER, 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 ASp TO
REQUIRE THE BEGINNING OF THE CONSTRUCTION OF SAID DAM WITHIN EIGHTEEN (18}
MONTHS FROM SAID DATE OF DECEMBER 13, 1952.
S4CTIGN :2. IT IS HEREBY EXPRESSLY DETERMINED AND FOUND BY THE CITY
Ca UNCIL THAT GOOD CAUSE EXISTS FOR THE EXTENSION OF SAID PERIOD.
SECTION THAT FURTHER EX.TF_NSIONS 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 CF THE CONSTRUCTIIN OF SAID DAM SHALL
BE REQUIRED.
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SECTION 4. THAT IN THE EVENT FOR ANY REASON ANY ELECTION
REQUIRED BY THE PROVISIONS OF SECTION 6 OF SAID RESOLUTION TO HAVE BEEN
HELD SHALL BE DETERMINED TO BE INVALID OR INEFFECTIVE, ADDITIONAL ELECTIONS
MAY BE HELD TO EFFECT COMPLIANCE WITH THE PURPOSES AND INTENDMENTS OF SAID
SECTION 6 PROVIDED THAT ANY SUCH ELECTIONS MUST BE CALLED AND HELD PROMPTLY
AND IN NO EVENT LATER THAN THREE (3) MONTHS AFTER ANY ELECTION PREVIOUSLY
HELD SHALL HAVE BEEN DETERMINED INVALID OR INEFFECTIVE, AND, AS TO SUCH
ELECTIONS 50 REQUIRED TO BE REHELD, THE SIX (6) MONTHS TIME LIMIT FOR HOLD-
ING ELECTIONS SPECIFIED IN SECTION 6 OF SAID RESOLUTION NO. 3321, DATED
SEPTEMBER 18, 1952, BE AND THE SAME IS HEREBY WAIVED AND ELIMINATED.
SECTION 5. 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 6. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR
AND ON BEHALF OF THE C17Y OF CORPUS CHRISTI, BE, AND HE IS HEREBY AUTHORIZED TO
EXECUTE ALL INSTRUMENTS NECE53ARY ANDREQUI51TE TO ACCOMPLISH THE INTENT OF SAID
RESOLUTION ND. 3321 DATED SEPTEMBER 18, 1952, AND ALL THINGS NECESSARY AND RE-
QUISITE TO ACCOMPLISH THE INTENT OF THIS ORDINANCE.
SECTION 7. THAT THE FACT THAT MATTERS BEYOND THE CONTROL OF THE
CITY OF CORPUS CHRISTI OR THE LOWER NUECES RIVER WATER SUPPLY DISTRICT HAVE
DELAYED THE COMPLETION OF THE MATTERS CONTEMPLATED IN RESOLUTION ND. 3321 AND
THAT IT IS NECESSARY TO EXTEND AND AMEND SAID ORDINANCE SO AS TO AID IN THE PRO-
CURING OF AN ADEQUATE WATER SUPPLY FOR THE CITY OF CORPUS CHRISTI CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PA55ED 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 Z�M AND AFTER ITS
PASSAGE, IT Is ACCORDINGLY RESOLVED THIS THE � / ,
TTTT""OjTT DAY OF 19
T�
N'IAYOR -
ATTEST: TFfE CITY Or CORPUS CHR TI, TEXAS
CITY SrECRETAR f f
APPROVED AST LEGAL FORM:
i
CITY ATTORNEY '3'
CORPUS CHRISTI, TEXAS
&�'- / /6' 195X
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; 1, 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 CORPUS(C I , TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING
A. A. LICHTENSTEIN 1
ELLROY KING CUK
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE:
A. A. LICHTENSTEIN
1
ELI-ROY KING
P. C. CALLAWAY
JAMES S. NAISMITH _
W. JAMES BRACE
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