HomeMy WebLinkAbout03933 RES - 11/10/1954A RESOLUTION
AMENDING AND EXTENDING RESOLUTION NO. 3921 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 Lav'ER NUECES RIVER WATER SUPPLY
DISTRICT TO SAID BOARS ATED SEPTEMBER 6, 1952, FOR
PERMIT TO CONSTRUCT A DAM, SUBJECT TO THE RESERVATIONS
AND CONDITIONS, A COPY OF WHICH APPLICATION IS ATTACHED
HERETC 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, AUTHORIZ114G AI4D 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 FOUR MONTHS FROM AND AFTER DECEMBER 13, 1552,
AND PROVIDING FOR FURTHER EXTENSIONS OF SUCH WITHIN
THE DISCRETION OF THE CITY COUNCIL; AND DELCARING AN
EMERGENCY.
WHEREAS, ON THE 18TH DAY OF SEPTEMBER, A.D. 1952, THE CITY
CCUNCIL OF THE CITY OF CORPUS CHRISTI DID ADOPT A RESOLUTION PPOVIDING,
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
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WHEREAS, ELECTIONS WERE DULY HELD ON DECEMBER 13,
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 :LATER CONTRACT BETWEEN THE CITY
OF CORPUS CHRISTI AND THE LOWER NUECES RIVER WATER 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 DE HELD WITHIN SIX MONTHS FROM
THE DATE OF SAID RESOLUTION OF SEPTEMBER 18, 1952, BUT THE VALIDITY OF
CERTAIN OF SAID ELFaCT10NS 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 SLCH 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 TWEIITY THREE (23) MONTHS EXTENSION PERIOD PROVIDED IN RESOLUTION
No. 3867, BY THE TERMS OF WHICH ORDINANCE THE EXTENSION PERIOD EXPIRES
ON NOVEMBER 13, 1954; AND
WHEREAS, GOOD CAUSE EXISTS FOR THE EXTENSION OF SUCH PERIOD
PROVIDING 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 015CRETIOII IN EXTENDING SAID PERIOD;
NMI, THEREFORE, BE IT RESOLVED BY THE CITY CCUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE PERIOD PROVIDED IN RESOLUTION ND. 3321,
ADOPTED ON THE 18TH DAY OF SEPTEMBER, A. D. 19521 WITHIN SIX (6) MONTHS
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5 (AMENDED) - PAGE 3 '
FROM THE DATE DF THE LAST ELECTION CONTEMPLATED IN SAID RESOLUTION,
WHICHHELECTION 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 FOUR (24) MONTHS FROM SAID
DATE OF DECEMBER 13, 1952.
SECTION 2. IT 15 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 THE 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 4. 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 AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BE, AND HE 15
HEREBY, AUTHORIZED TO EXECUTE ALL INSTRUMENTS NECESSARY AND REQUISITE
TO ACCOMPLISH THE INTENT OF SAID RESOLUTION No. 3321 DATED 3EPTE14SER
18, 1952, AND ALL THINGS NECESSARY AHD 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 NO. 3321, AND THAT IT 15 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
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EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY RESOLVED THIS
THE 8TH OAY OF SEPTEMBER, 1954•
ATTEST: ////
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•u�q CITY SECRETARY
APPROVED AS TO LEGAL FORM,:
CITY AT ORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
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CORPUS CHRISTI, TEXAS
r/ / 0 ,1 954
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 ORDNANCE
OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED,
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
')f THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID
CHAPTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE
IT IS INTRODUCED, OR AT THC PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY, +
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
P. C. CALLA WAY
ELLRDY KING
JAMES S. NAISHITH
W. JAMES BRACE
F. P. PETERSON, JR
THE ABOVE ORDINANrE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAVAY
ELLgOY KING
JAMES S. NAISHITH
W. JAMES BRACE
F. P. PETERSON, JR.
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