HomeMy WebLinkAbout03738 ORD - 04/28/1954I MS : A C : 4 /2c3/5 Z4
AN ORDINANCE
AUTHORIZING THE ACQUISITION BY THE CITY OF CORPUS CHRISTI
3Y TRANSFER FROM RUSSELL E. McCLURE, INDIVIDUALLY, OF ALL
RIGHTS ACQUIRED BY FILING PRESENTATION OF FACTS WITH THE
BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS, FOR THE
DETERMINATION OF THE FEASIBILITY OF DIVERSION, APPROPRIATION
AND IMPOUNDING OF WATER FROM THE NUECES RIVER AT SOME POINT
BETWEEN THE POINT WHERE U. S. HIGHWAY NO. 59 CROSSES SAID
RIVER, AND THE POINT '.WHERE TEXAS STATE HIGHWAY NO. 202
CROSSES SAID RIVER; AUTHORIZING THE REFUNDING TO SAID
RUSSELL E. McCLURE OF THE FILING FEE OF } 5. AND TRE
DEPOSIT OF $250-00 MADE IN CONNECTION WITH THE FILING OF
SAID PRESENTATION; AND DECLARING AN EMERGENCY.
,dHERE='S, RUSSELL E. MCCLURE IS THE HOLDER OF A PRESENTATION OF
FACTS REGARDING THE FEASIBILITY OF IMPOUNDING, APPROPRIATING AND DIVERTING
WATER. FROM THE NUECES RIVER AT SOME POINT BETWEEN THE POINT WHERE U. S.
HIGHWAY No. 59 CROSSES SAID RIVER AND THE POINT WHERE TEXAS STATE HIGHWAY NO.
202 CROSSES SAID NUECE$ RIVER, FILED WITH THE STATE BOARD OF w1ATER ENGINEERS
ON .PRIL 26, 1954; AND
IiJHERE;''.S, IT IS DEEMED TO THE ADVANTAGE OF THE CITY OF CORPUS
CHRISTI THAT SUCH PRESENTATION AND ALL THE RIGHTS THEREUNDER BE ASSIGNED TO
THE CITY OF CORPUS CHRISTI, TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. TIHAT AN ASSIGNMENT OF THE PRESENTATION OF FACTS REGARDING
THE FEASIBILITY OF IMPOUNDING, APPROPRIATING AND DIVERTING WATER FROM THE
NUECES RIVER AT SOME POINT BETWEEN THE POINT WHERE U S. HIGHWAY N0. 59 CROSSES
SAID RIVER AND THE POINT WHERE TEXAS STATE HIGHWAY N0. 202 CROSSES SAID RIVER,
BE ACCEPTED FROM RUSSELL E. NICCLURE, AND THAT THE FILING FEE OF $25.00 AND
DEPOSIT REQUIRED IN CONNECTION WITH THE FILING OF SAID PRESENTATION OF $250.00,
WHICH WAS PAID AND DEPOSITED BY THE SAID RUSSELL E. MCCLURE TO THE SAID BOARD
OF WATER ENGINEERS, BE REFUNDED TO THE SAID RUSSELL E. NICCLURE, SAID SUM TO BE
PAID OUT OF NO. 11 +1 MAINTENANCE AND OPERATION FUND, AND THAT NOTICE OF SUCH
TRANSFER AND ASSIGNMENT BE GIVEN TO THE BOARD OF WATER ENGINEER5 OF THE SAID
ASSIGNMENT, AND THAT SUCH FURTHER ACTION AS MAY BE PROPER AND NECESSARY FOR
THE PROTECTION OF THE WATER RIGHTS OF THE CITY BE TAKEN FOR AND ON BEHALF OF
THE CITY BY THE CITY MANAGER, OR UNDER HIS DIRECTION.
I. .
SECTION,?., THE NECESSITY FOR PROTECTING THE WATERRIGHTS OF THE
CITY OF CORPUS
I CHRISTI AND ACQUIRING AN ASSIGNMENT OF THE PRESENTATION FILED
APRIL 26, 1954, WITH THE HOARD OF WATER ENGINEERS OF THE STATE OF TEXAS, CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY 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, HAVING
DECLARED SUCH 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 INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT 15 ACCORDINGLY PASSED AND APPROVED' THIS THE DAY
OF APRIL, 1954.
A,,TTES',T`:
41 � 9
TY SE R TAR /
41'PRUVED AS TO LEGS -.L FORM:
CITY \TTO NEY
MAYOR PRO TEN,
THE CITY OF ORPUS CHRIS I, TEX),S
APRIL 28, 1954
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTS AGREEMENT, OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN
THE ABOVE AND FOREGOING ORDINANCE 15 IN THE TREASURY OF THE CITY OF
CORPUS CHR15T1 TO THE CREDIT OF NO,
141 MAINTENANCE AND OPERATION
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY 15 NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
APPROVED
DIRECTOR OF FINANCE
CITY CONTROLLER
rmm
LA
CORPUS CHRISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING- "DINANCE, 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
INTRODUCE, 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,
MA,YOR
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SU ENDED BY THE FOLLOWING VOTE:
'
- A-, " -- , -�-&,,;V TEH STf 1 -N-_
U
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WA5//P)ASSED BY THE FOLLOW! VOTE.
A -A "1 1-1 TEFN, f I
L %
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
3g3f
IMB:AC: 4 -28 -54
THE STATE OF TEXAS
COUNTY OF NUECES d
FOR VALUABLE CONSIDERATION TO ME IN HAND PAID BY THE CITY OF
CORPUS CHRISTI, THE PRESENTATION AND ALL RIGHTS THEREUNDER HERETOFORE FILED
BY ME ON APRIL 26, 1954, WITH TOE BOARD OF WATER ENGINEERS OF THE STATE OF
TEXAS, CONCERNING THE PROJECT OF IMPOUNDING, APPROPRIATION AND DIVERSION OF
WATER FROM THE NUECES RIVER AT SOME POINT BETWEEN THE POINT WHERE U, S.
HIGHWAY No. 59 CROSSES SAID RIVER, AND THE POINT WHERE TEXAS STATE HIGHWAY
NO. 202 CROSSES SAID RIVER, IS HEREBY ASSIGNED AND TRANSFERRED TO THE CITY
OF CORPUS CHRISTI, TOGETHER WITH ALL RIGHTS AND PRIVILEGES IN CONNECTION THERE-
I ^Ji r
WITNESS MY HAND THIS 28TH DAY OF APRIL, 1954.
Al
RUSSELL E. MCC LURE
STATE OF TEXAS
COUNTY OF NUECES Q
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
RUSSELL E. MCCLURE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 28TH DAY OF APRIL, 1954.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS.
LOUIE LEE GRAHAM, Notary Public
In and Pot Nueccs County, Tem