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Home My WebLink About03767 RES - 06/09/1954IMS.AD 6 -9 -54 A RESOLUTION AMENDING AND EXTENDING RESOLUTION NO. 0,q21 EN- TITLED °A RESOLUTION 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 A14D 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. 933i WILL BE RELINQUISHED TO THE LOWE;'. NUECES RIVER WATER SUPPLY DISTRICT, BUT ALL WATER RIGHTS TO BE EXPRESSLY RE- TAINED; 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 RESERVATIONS AND CONDITIONS, A COPY OF WHICH APPLICATION IS ATTACH- ED 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; PRO- VIDING 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" AS AMENDED BY EXTENDING THE PERIOD FOR THE BEGINNING OF THE CONSTRUCTION OF A DAM FOR A PERIOD OF TWENTY -ONE MONTHS FROM AND AFTER DECEMBER 13 19521 AND PROVIDING FOR FURTHER EXTENSIONS OF SUCH WITHIN THE DISCRETION 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 CONSTRUC- TION 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 13, 1952, AS 3 c I contemplated in said resolution, and at such elections so held the pro- positions submitted to voters concerning 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 transfer of certain property from the City to Lower Nueces River dater Supply District was duly carried; and 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 Mater 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 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 eighteen (18) months extension period provided in Resolution No. 3689, by the terns of which ordinance the extension period expires on June 13, 1954; and WHEREAS, good cause exists for the extension of such period pro- viding 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, HE 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 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 as to require the beginning of the construction of said dam within twenty —one (21) months from said date of December 13, 1952. SECTION 2. It is hereby expressly determined and found by the —2— CITY COUNCIL THAT GOOD CAUSE EXISTS FOR THE EXTENSION OF SAID PERIOD. SECTION 3. THAT FURTHER EXTENSIONS MAY, FOR THE GOOD CAUSE, BE MADE BY THE CITY OF CORPUS CHRISTI, TEXAS AT THE SOLE AND ONLY DIS- CRETION OF SAID CITY FOR THE PERIOD WITHIN WHICH THE BEGINNING OF THE CONSTRUCTION OF SAID DAM SHALL BE REQUIRED. SECTION 4. THAT A CERTIFIED COPY OF THIS ORDINANCE AND RESOLU- TION 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 AND ON BEHALF 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 ND. 3321 DATED SEPTEMBER IH, 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 CHRISTI OR THE LOWER NUECES RIVER WATER. SUPPLY DISTRICT HAVE DELAYED THE COMPLETION OF THE MATTERS CONTEMPLATED IN RESOLUTION N0. 3321 AND THAT IT IS NECESSARY TO EXTEND AND AMEND SAID ORDINANCE 50 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 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 DAY OF JUNE, 1954. ATTEST 2.. CITY SECRETARY 4 APPROVED AS TO)LEGAL FORM: CITY ATTOONEY MAYOR PRO-16;Yl THE CITY OF CORPUS CHRISTI, TEXAS -3- Corpus Christ!, Texas 1954, TO THE MEMBERS OF THE CITY COUNCiL Corpus Chxft i, Texas Gentlemen- For the reasons -,Ea I.Parth In the emergency clause of the foregoing ordinance, a puWit. sf.- ,&rgLncy and 1rrq3cxat,,vt- nezessfty exist for the suspension of Llth�, Charter DIlt 8K,- rl?qUilrtment that no ordinance at resolution shall be ,passed finalRy *n the date it is introduced, and that such ordinance ex recslutla�g shall be read at three meetings of the City Courcil, 1, therefore, jl,�ex-rl'q Lrt,queqst that you suspend said Charter rule or requirement and pass M21s ordinance finally an the date it is introduced, or at the pxesea, neetlnC, of the City Council. Rtspe--tfulhy' "d MAIN CITY GF CORPUS CHRISTI, TEXAS The Charter rule was smsptnded by the following vote' F. P. Petersen, Jr The abivo irdlrannn by the =allowing role', P C. CalaaNay CL. Ellroy lLnq James S. Naismith W. Jatpe6 Brace S', Petersen, Jr Y10