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Home My WebLink About03964 RES - 12/08/1954I+�w�:�rah, -P- -ia - , >,.^+aNGS�- ?rils�. •� •_�t. ,a�ww:•1 A s: 12/6/54 . ± v ^k S .wr, - - __ 'e. >+F.'+'.•ax. .r .✓- +we.r.- r•:r +.u,.- .r.�Iw.�S• +•�+ -e -.- - �- rr�- ��.-v' - ... .__....... �.rw.�ht+rn*�R^�L� A RESOLUTION AMENDING AND EXTENDING RESOLUTION NO 4421 ENTITLED "A RESOLUTION EXPRESSING THE INTENT1014 OF THE CITY OF CORPUS CHRISTI TO THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS, DATED MAY 25, 1946, BEING APPLI- CATION NO. 14,36, 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 LOJER NUECES RIVER WATER SUPPLY DISTRICT TO SAID BOARD, Da TED SEPTEMBER 6, 1952, AND THAT ANY RIGHTS REMAINING III THE CITY OF CORPUS CHRISTI FOP. THE CONSTRUCTION OF A DAM NEAR MATHIS, TEXAS, GRANTED UNDER PERMIT NO. 933, WILL BE RELINQUISHED TO THE LOdER NUECES RIVER WATER SUPPLY DISTRICT, BUT ALL WATER. RIGHTS TO BE EXFRESSLY 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 DIS- TRICT TO SAID BOARD DATED SEPTEMBER 6, 1952, FOR PERMIT TO CONSTRUCT A DAM, SUBJECT TO THE RESERVATIONS AND CO1:- DITIO13, 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 BILL BE GRANTED; PROVIDING FOR A REVERTER OF ALL MATTERS, RIGHT, PERMISSIONS ARID THINGS PROVIDED TO'BE GRANTED BY THIS ORDINANCE; PROVIDING THAT FOR GOOD CAUSE THE CITY OF CORPUS CHRISTI III ITS SOLE DIS- CRETION MAY EXTEI4D PERIODS FOR HOLDING ELECTIONS; PRO- VIDING 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 H!STRUXENTS NECESSARY TO ACCOMPLISH THE INTENT OF THIS ORDINANCE; AND DECLARING All EMERGENCY ", AS AMENDED, DY EXXTENDING THE PERIOD FOR THE BEGINtIII!G OF THE CON- STRUCTION OF A JAM FOR F. PERIOD OF TdENTY -FIVE MONTHS FROM AND AFTER DECEI.IBER 1 1952 AHJ PROVIDING FOR FUR- THER EXTENSIONS OF SUCH WITHIN THE DISCRETION OF THE CITY COUNCIL; AND DECLARING AN EMERGENCY. WHEREAS, OBI THE I.TH DAY OF SEPTEMBER, A. D. 1972, THE CITY CCUMCIL OF THE CITY OF CORPUS CHRISTI DID ADOPT A RESOLUTION PROVIDING, AMONG OTHER THINGS, THAT IT WAS C014TE14PLATED BY THE CITY THAT ACTUGL WORK 011 THE CONSTRUCTION OF THE DAM DESCRIBED III SAID RESOLUTION SHALL BE STARTED WITHIN SIX (6) MONTHS FROM THE DATE OF THE LAST ELECTION AND FURTHER PRO- VIDING THAT FOR GOOD CAUSE THE CITY OF CORPUS CHRISTI, TEXAS, AT ITS SOLE AIID ONLY DISCRETION, HAY EXTEND SUCH PERIOD; AIdD WHEREAS, ELECTIONS WERE DULY HELD ON DECEMBER 13, 1972, AS COI;- TENPLATED IN SAID RESOLUTION, AND AT SUCH ELECTICIIS SO HELD THE PROPOSITIONS SUBMITTED TO VOTERS CONCERNII:G THE ISSUANCE OF BONDS, AND THE ENTERING INTO ....,.� I, / ��r zYNIA7'n;�-v THE WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE LOWER NUECES RIVER WATER DISTRICT AIID THE TRANSFER OF CERTAIN PROPERTY FRO14 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 13, 1952, BUT THE VALIDITY OF CERTAlt, OF SAID ELECTIONS HAVE BEEN QUESTIONED; AND UHERE45, SAID LOWER NUECES RIVER WATER SUPPLY DISTRICT HAS SEEM PROCEEDING WITH THE PREPARATION OF THE PLA145 FOR THE CONSTRUCTION OF SUCH DAM, BUT THE COMME14CEMEIIT OF CONSTRUCTION HAS BEEN DELAYED BY THE INSTITUTION AIID PROSECUTION OF A LAW SUIT, PENDIIIG IN THE !DISTRICT COURT OF LIVE OAK COUNTY, TEXAS, ENTITLED HOLMAN CARTWRIGHT, ET AL V5. LOWER NUECES RIVER WATER SUPPLY DISTPICT,' CAUSE N0. 3770, SEEKING AN INJUNCTION AGAINST THE LOWER NUECES RIVE.^. 'WATER SUPPLY DISTRICT TO ENJOIN THE CONSTRUCTION OF SAID DAM, WHICH LITIGATION WILL PROBABLY EXTEND PAST THE TWENTY -FOUR (24) 14014THS EXTENSION PERIOD PROVIDED IN RESOLUTIOII No- 3933, BY THE TER145 OF WHICH ORDINANCE THE EXTENSION PERIOD E.:PIRES 011 DECEMBER 13, 1954; AND WHEREAS, GOOD CAUSE EXISTS FOR THE EY.TEHSION OF SUCH PERIOD PRO - VIDI14Q FO,: THE BEGINNING OF THE CONSTRUCTION OF SAID DAN AND THE CITY OF CORPUS CHRISTI, ACTING BY AND THPOUGH ITS CITY COUNCIL, HAS DETERMINED TO EXERCISE ITS DISCRETION 114 EXTENDING SAID PERIOD; Nal, THEREFORE, BE 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 1STH DAY OF SEPTEMBER, A. D. 1952, WITHIN SIX (6) MONTHS FRC14 THE DATE OF THE LAST ELECTION COIITE14PLATED IN SAID RESOLUTION, IIHIGH ELECTION WAS HELD ON THE 13TH DAY OF DECEMEER, 1952, BE, AND THE SAME IS HEREBY EX- TEIN)ED SO AS TO REQUIRE THE BEGIIINING OF THE CONSTRUCTION OF SAID DAM WITHIN TWENTY -FIVE (25) MONTHS FROM SAID DATE OF DECEIBER 13, 1952. SECTION 2. IT IS 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 -2- s SAID CITY FOR THE PERIOD WITHIN WHICH THE BEGINNING OF THE C014STRUCTIO14 ff SAID DAM SHALL BE REQUIRED. SECTION 4. THAT A CERTIFIED COPY OF THIS ORDINANCE AND RESOLUTION SHALL BE FILED L11TH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS AT a ITS OFFICE IN AUSTIN, TEXAS. - SECTION 5. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND 014 BEHALF OF THE CITY OF CORPUS CHRISTI, BE, AND HE IS- HEREBY, AJTHORIZED 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 14ATTERS BEYOND THE C014TROL 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 IS NECESSARY TO EXTEND AND AMEND SAID ORDINANCE SO AS TO AID IN THE PROCURING OF AN ADEQUATE WATER SUPPLY FOP. THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY At.D AM 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 E %IST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FILIALLY ON THE DATE OF ITS INTRODUCTION A1,D TAKE EFFECT AND BE IN FULL FORCE AIJD EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY RESOLVED, THIS THE 3 9' AY OF DECEMDER, 19514. ATT" C I Tl 8Z FR 1 APPROVED AS LEGAL FORM: CITY AT ORNEY 21... MAYOR THE CITY OF CORPUS CHRISTI, TE -3- S 4- .,..awy'»s•xa.n.- w�+..+ - - rte•. �+.�« ». +•.-n - COR PUS -CHRISTI -TEXAS -+r;b +- 4++«.+�...+- ..w` °K•.'^ v. .o, rte+- • - -.•+^ �1 n '1954 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 FOP. THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORD NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS �F THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHAPTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY. roll CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY 0.111k ELLROY ICING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY ICING JAMES S. NAISMITH W. JAMES BRACE uw�R F. P. PETERSON, JR.�—