HomeMy WebLinkAbout04038 RES - 01/12/1955A RESOLUTION
AMENDING AND EXTENDING RESOLUTION N0. 'i121 ENTITLED
"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 ADAM NEAR MATHIS,
TEXAS, GRANTED UNDER PERMIT NO. 933, WILL BE RELIN-
QUISHED TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT,
BUT ALL WATER RIGHTS TO BE EXPRESSLY RETAINED, 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 THE RESERVATIONS AND CONDITIONS, 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 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; 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 FORA PERIOD OF THIRTY ONE
MONTHS FROM AND AFTER DECEMBER 14, 1952, 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 WORN 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
WHEREAS, ELECTIONS WERE DULY HELD ON DECEMBER 13, 1952, AS CONTEMPLATED
IN SAID RESOLUTION, AND AT SUCH ELECTIONS 50 HELD THE PROPOSITIONS 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 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 DAN, 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 V5. LOWER NUECES RIVER WATER SUPPLY DISTRICT, CAUSE
N0. 3770, SEEKING AN INJUNCTION AGAINST THE LOWER NUECES RIVER WATER SUPPLY
DISTRICT TO ENJOIN THE CONSTRUCTION OF SAID DAM, AND THE APPELLATE PROCEDURE
CONNECTED WITH SAID ACTION, WHICH LITIGATION WILL PROPERLY EXTEND PAST THE -
TWENTY FIVE (25) MONTHS EXTENSION PERIOD PROVIDED IN RESOLUTION $3964 BY THE
TERMS OF WHICH RESOLUTION AND ORDINANCE THE EXTENSION PERIOD EXPIRES ON
JANUARY 131 1955; AND
WHEREAS, THE MOST RECENT DECISION IN SAID PENDING LITIGATION WAS EXPRESSED
BY THE COURT OF CIVIL APPEALS BY ITS ORDER REVERSING THE DECISION OF THE TRIAL
COURT IN SAID CAUSE AND RENDERING JUDGMENT IN FAVOR OF THE LOWER NUECES RIVER
WATER SUPPLY DISTRICT, WHICH WOULD ENABLE THE DISTRICT TO COMMENCE CONSTRUCTION
UNLESS THE DECISION OF THE COURT OF CIVIL APPEALS BE REVERSED BY THE SUPREME
COURT, AND PENDING SUCH FINAL DECISION THE RIGHTS OF THE PARTIES SHOULD BE
CONTINUED IN FORCE; AND _
i
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS HAS RECEIVED THE ENGINEERING
REPORT REVIEWING THE SITE SELECTION ON THE LOWER NUECES RIVER, UNDER DATE OF
DECEMBER, 1954, AND HAS EXAMINED AND CONSIDERED SAID REPORT RECOMMENDING THE
i
BUILDING OF THE WESLEY SEALE DAM AT THE NEW MATHIS SITE-HERETOFORE SELECTED
BY THE WATER DISTRICT FOR THE ERECTION OF SAID DAM; AND THE CITY COUNCIL IS
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.0 OF THE OPINION, AND FINDS, THAT SAID RECOMMENDATION IS SOUND AND FEASIBLE,
AND THE SAID SITE IS THE MOST DESIRABLE SITE FOR THE ERECTION OF SAID DAM
ON THE LOWER NUECES RIVER, AND THAT THE COOPERATIVE EFFORTS OF THE CITY
AND THE WATER DISTRICT SHOULD BE EXERTED TOWARD THE PROMPT COMMENCEMENT OF
CONSTRUCTION ON SUCH PROJECT; 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, TEXAS, ACTING BY AND THROUGH ITS CITY COUNCIL, HAS DETERMINED TO
EXERCISE ITS DISCRETIONA N EXTENDING SAID PERIOD; WITHOUT RELINQUISHING ON
THE PART OF THE CITY ITS RIGHT TO ACQUIRE LAND BY NEGOTIATION AND CONDEMNATION
PROCEEDINGS, IF NECESSARY.
NOW, 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 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 15, HEREBY EXTENDED TO
REQUIRE THE BEGINNING OF THE CONSTRUCTION OF SAID DAM WITHIN THIRTY ONE (31)
MONTHS FROM SAID DATE OF DECEMBER 131 1952, PROVIDED, HOWEVER, THAT SHOULD THE
HEREINABOVE MENTIONED LITIGATION, PRIOR TO THE EXPIRATION OF THE PERIOD OF
THIS EXTENSION, TERMINATE FINALLY IN A DECISION- UNFAVORABLE TO THE WATER DISTRICT
OR SHOULD SAID CAUSE BE REMANDED FOR A NEW TRIAL, THEN THIS EXTENSION WILL
TERMINATE FIFTEEN (15) DAYS AFTER THE DECISION ON THE PENDING APPEAL BECOMES
FINAL.
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 DISCREITION OF
SAID CITY FOR THE PERIOD WITHIN WHICH THE BEGINNING OF THE CONSTRUCTION OF SAID
DAM SHALL BE REQUIRED.
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SECTION 4. THAT A CERTIFIED COPY OF THIS ORDINANCE AND RESOLUTION SHALL
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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, SE, 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 No. 33213
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 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 AN AFTER ITS PASSAGE, IT IS ACCORDINGLY RESOLVED THIS THE
DAY OF CLa._ 195_J-
MAYOR
THE eITY OF COPPUS CHRISTI TEXAS
ATTEST THE L
CITY SECRE AN
APPROVED AS TO EGAL FORM:
CITY ATTOR EY
—4-
CORFU CHRISTI, TE %AS
�-
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FO REG 01 `1G
ORDINANCE. A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEND
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OF RESOLUTION SHALL
BE PASSED FINALLY ON THE GATE IT i5 IMT RODOCED, AND THAT SUCH ORDINANCE OP
RESOLUTION SHALL BE READ AT THREE ME ETItdas OF THE CITY C C k14CiL; !, THEREFORE,
hEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS
T;i15 ORDI•d AN CE FINALLY ON THE DATE IT 15 INTRODUCED, OP. AT THE PRESENT NEE`It1l
OF T +E Ci TY COUNCIL.
RESPECTIULLY,
MAYOR
CM OF CORPUS CHRIST!. TEXAS
THE CHARTER RULE WAS SUSFENDED BY TSE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KI7vG
j AI•ES S. NAISMITH
W. JA-55 BRACE
F. P. PETERSON, JR. :t=
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE.
P. C. CALL AWAY
ELLROY KING --�- --
JAMES S. NA75M7TH(
W. JAMES BRACE
F. P. PETEft5ON, JR.
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