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Home My WebLink About03867 RES - 09/08/1954I ma: PJO:`) -(-)H A RESOLUTION AMENDING AND EXTENDING RESOLUTION N0. 3321 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 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 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 15 ATTACHED HERETO AND MADE A PART HEREOF, SETTING OUT THE CONDI- TIONS 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 TiS 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-THREE MONTHS FROM AND AFTER DECEMBER 13, 1952, AND PROVIDING FOR FURTHER EXTENSIONS OF SUCH 4DITHIN 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 CON- STRUCTION 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 DIS- CRETION, MAY EXTEND SUCH PERIOD; AND WHEREAS, ELECTIONS WERE DULY HELD ON DECEMBER 13, 1952, AS CON- TEMPLATED IN SAID RESOLUTION, AND AT SUCH ELECTIONS SO HELD THE PROPOSITIONS IMS:PJo:9 -7 -54 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 WATER 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 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 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 TWENTY -ONE (21) MONTHS EXTENSION PERIOD PROVIDED IN RESOLUTION NO. 3769, BY THE TERMS OF WHICH ORDINANCE THE EXTENSION PERIOD EXPIRES ON SEPTEMBER 13, 1954; AND WHEREAS, GOOD CAUSE EXISTS FOR THE EXTENSION OF SUCH PERIOD PRO- VIDING FOR THE BEGINNING OF THE CONSTRUCTION OF 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: SECTION 1. THAT THE PERIOD PROVIDED IN RESOLUTION ND. 3321, ADOPTED ON THE 18TH DAY OF SEPTEMBER, rl. 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 50 AS TO REQUIRE THE BEGINNING OF THE CONSTRUCTION OF SAID CAM WITHIN TWENTY -THREE (23) MONTHS FROM SAID DATE OF DECEMBER 13, 1952. I MS: P-9-7-54 SECTION 2. IT IS HEREBY EXPRESSLY DETERMINED AND FOUND BY THE CITY COUNCIL THAT GOOD CUASE 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 CONTRUCTION 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 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 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 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 REQUIRING THE SUSPENSION OFTHE 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 8TH DAY OF SEPTEMBER, 1954. MAYOR THE CITY OF CORPUS CHR1 di, TEXAS ATTEST: CITY SECRETA Y APPROVED AS TO LEGAL FORM: CITY ,TTORN Y Corpus Christi, Texas a , 1954. TO THE MEMBERS OF 7' 't). C ?,,-r t "UUT-r IL Corpus, Chriv-LA. Te°.as: Gentlemen For the worth in the emergency clause of the_ foregoing ordinanve,, a h,xtbalr ecv urgency and iamacrative necessity exist for the suspensitg, ,, 'a.tE >c�aie or requirement that no ordinance or resalutioau Shaul, oo LILrenli,y on the date it is introduced. and that such reauluitiau shall be read at three meetings of the C1,cy hpxtby �wquest that you suspend said Chaster rule or xe xzs.crene. and this ordinance finally on the date it is introduced, or. �iil, :ihf meeting of the City Council. Respectfully. 1@A OR CITY OF CORPUS CHRISTI TEXAS The Chaster wile was suspended by the following vote*. P" C. Calliawzy Llllroy Kind James S. Naismith W. James Brace F. P. Peterson. Jr The ah^awr -ea.s p=assed by the fallowing vote* . C. Callaway Fllroy King James S. Naismith W. James Brace P. Peterson, Jr 3g� �