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HomeMy WebLinkAbout04271 RES - 07/06/1955A RESOLUTION AMENDING AND EXTENDING RESOLUTION NO. 3321 ENTITLED "A P.ESOLUTION EXPRESSING THE INTENTION OF THE CITY OF CORPUS CHRISTI TO THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS, DATED MAY 25, 1j�6, `?E I NG APPLICATION NO. 1486, FOR A PERMi l T TO BUILD A DATA AT ELUNT7_ER, TEXAS; PROVIDING THAT, SUDJECT TO CONDITIONS AND RESERVATIONS, PRE - SEPITATION NO. 1261, DATED JUNE 11, 1552, PROVIDING FOR THE INVESTI- G1,T I OI',I OF THE FEASIBILITY BY THE CITY OF CONSTRUCTION OF A DAM AND RESERVOIR WITH 500,000 ACRE FEET OF 6sIA.TER CAPACITY ON THE NUECES RIVER AT SOME POINT BETWEEN CALALLEN AND GEORGE NEST, 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 NOe 9�;, ';JILL 3E RELINQUISHED TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, BUT - ALL WATER RIGHTS TO SE EXPRESSLY RETAINED; RETAINING AL1_ 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 0, 1952, FOR PERMIT TO CONSTRUCT A DAM, SUBJECT TO THE RESERVATIONS AND CONDITIONS, A COPY OF 'WHICH APPLI- CATION IS ATTACHED HERETO AND MiADE 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 '.ORPIiS CHRISTI IN ITS SOLE DISCRETION MAY EXTEND PERIODS FOR HOLDING ELECTIONS; PRO- VIDING THAT A CERTIFIED COPY OF THIS ORDINANCE BE FILED WITH THE GOARD OF WATER ENGINEERS OF THE STATE OF TEXAS AUTHORJ71LIG AND DIRECTING THE CITY f ,IANAGER TO EXECUTE ALL INSTRUMENTS NECESSARY TO ACCOMPLISH THE INTENT OF THIS ORDINANCE; AND DECLARING AN EI;ERGENCY", AS AMENDED, BY EXTENDING THE PERIOD FOR THE 3EGIINIIING OF THE CON- STRUCTION OF A DAPS FOR A PERIOD OF THIRTY - -FOUR MONTHS FROM AND AFTER DECEh1DER lj, 1952, APID PROVIDING FOR FURTHER EXTENSIONS OF SUCH WITHIN THE DISCRETION OF THE CITY COUNCIL; AND DECLARING AN EMERGLIJCY. •WHEREF15, Gil THE 180TH DAY OF SEPTEMBER, A. D. 1952, THE C!T'Y COUNCIL OF ?..E CITY OF CORPUS CHRISTI DID ADOPT A RESOLUTION PROVIDING, AMONG O-HER THINGS, THAT IT L-1AS COrITE4PLATED -Y THE CITY THAT ACTUAL WORK 011 THE CO >ISTRUCTI OPI OF THE DAM DESCRIBED IN SAID RESOLUTION SHALL 7E STARTED WITHIN SIX (6) MONTHS FROM -HE DATE OF -i PEE LAST ELECTION AND FURTHER PROVIDING THAT FOR GOOD CAUSE THE CITY OF CORf'U3 v. r,Tf STI, TEXAS, AT ITS SOLE AIID OILY D!5CRETION, MAY E {T'END SUCH PERIOD; AIID WHEREAS, ELECTIONS WERE DULY HELD ON DECEM ©ER 11, 1��2, AS COi!TEt•1FLA7CC. 11 SAID RESOLUTI01•!, AIID AT SUCH ELECTIONS SO HELD THE PROPOS!Ti D11S SiTBM;TTED `i nTERS CONCER,NJIT' THE ISSUANCE OF DONDS, AND THE ENTERING INTO THE WATER CONTRACT DETdEEPI THE CITY OF CORPUS CHRISTI AND THE LOWER NUECES RIVER •VJaTER DISTRICT AP!D THE .._A'13- FER OF CERTAIN PROPERTY FROM THE CITY TO LcwER NUECES RIVER 'W. TER SUPPLY DIST «!Ci WAS DULY CARRIED; AND WHEREAS, SAID ELECTIONS HAVE DEEP! RECOGNIZED AND ACCEITED 2Y THE C!T "f r1L OF THE CITY OF CORPUS CHRISTI, TEXAS, AS COMPLIANCE WITH THE CONDITION THAT E'•TA! ?; f ELECTIONS BE HELD l -llTHl f: SIX MONTHS FROM THE DATE OF SAID RESOL UT80PI OF SE.PTEfrG—'; !f.Jp 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 COMMENCE- MENT OF CONSTRUCTION HAS BEEN DELAYED BY THE INSTITUTION AND PROSECUTION OF A LAW SUIT, PENDING IN THE DISTRICT COURT OF LIVE OAK COUNTYy 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, AND THE APPELLATE PROCEDURE CONNECTED WIT',, SAID ACTION, WHICH LITIGATION WILL PROBABLY EXTEND PAST THE THIRTY —ONE ()I) +n(!'­'':'S E XTEPlS 90h! PERIOD PROVIDED IN RESOLUTION No. 4038 BY THE TERMS OF WHICH. RESOLPTIO'; AND ORDINANCE THE EXTENSION PERIOD EXPIRES ON JULY 13, 1955; AND WHEREAS, THE MOST RECENT DECISION IN SAID PENDING LITIGATION I6AS E'YP'tr o= 4 BY THE COURT Or CIVIL APPEALS BY ITS ORDER REVERSING I'HE OF.0 ", SI Oh: 0r THC TRi A.L 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 ":Hc. OF THE COURT OF CIVIL APPEALS BE REVERSED BY THE SUPRE,'E COURT, AND FINAL DECISION THE RIGHTS OF THE PARTIES SHOULD BE CONTINUED IN FORCE; .AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS RECEIVED THE ENGINE E „?i "G REPORT REVIEWING THE 577E SELECTION ON THE LOWER NUEDGS R9'VER, UNDER DATE: i`,F 1954, AND HAS EXAMINED AND CONSIDERED SAID REPORT RECOMMENDING THE BUILT }IN(f IF WESLEY SEALE DAM AT THE NEW MATHIS SITE HERETOFORE SELECTED BY THE W. Te "R DP: >T;~, ➢:''.T FOR THE ERECTION OF SAID DAM; AND THE CITY COUNCIL IS OF TIil^ '' °INIDIN, Ap;O i p,,,r ^3„ THAT' SAID RECOMMENDATION IS SOUND AND FEASIBLE, AFD THE SAID S9TE 7i1_ ", -,s,T .... ?IPA,OLE: SITE FOR THE ERECTION OF SAID DAM ON THE LOWER NUECES Ri'I'FR, AND THAT THE EFFORTS OF THE CITY AND THE WATER DISTRICT SHOULD BE EXERTF ":O TOVA;'..: T'i" PR`ly�- COMMENCEMENT OF CONSTRUCTION ON SUCH PROJECT; AND WHEREAS, GOOD CAUSE EXISTS FOR THE EXTENSION OF SUCH PERIOD 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 DISCRETION IN EXTENDING SAID PERIOD; WITHOUT RELINQUISHING ON THE PART OF THE CITY ITS FIGHT TO ACQUIRE LAND BY NEGOTIATION AND CONDEMNATION PROCEEDINGS, IF NECESSARY: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHRISTI, TEXAS: SECTION 1. THAT THE PERIOD PROVIDED IN R !0 RESOLUTION N0. 3321, ADOPTED 0 THE 18TH DAY OF SEPTEMBERy A.D. 1952, WITHIN SIX (6) MONTHS FROM THE DATE OF TH::: -2- LAST ELECTION CONTEMPLATED IN SAID RESOLUTION, WHICH ELECTION WAS HELD ON THL 13TH DAY OF DECEMBER, 1952, DE, AND THE SAME IS, HERBY EXTENDED TO REQUIRE THE BEGINNING OF THE CONSTRUCTION OF SAID DAM WITHIN THIRTY —FOUR (34) MONTHS FROM SAID DATE OF DECEMBER 13, 1952, PROVIDED, HOWEVER, THAT SHOULD THE HEREINABOVE MENTIONED LITI— GATIOM, 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 DECOMES FINAL. SECTION 2. IT IS HEREBY EXPRESSLY DETERMINED AND FOUND BY THE CITY COU11CIL 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 SHAL_ BE FILED b!ITN 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 CF 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 N0. 3321 DATED SEPTEMBER 18, 19521 AND ALL THINGS P!ECESSARY 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 COM- PLETION OF THE MATTERS CONTEMPLATED IN RESOLUTION NO. 3321, AND THAT IT IS NECESSAR'f TO EXTEND AND AMEND SAID RESOLUTION SO AS TO AID IN THE PROCURING OF AN ADEQUATE WATER SUPPLY FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGEMCY..AND AN 1.14PER- ATIVE PUBLIC Nt CESSITY 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 COUNi:LL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS RESOLUTION :E PASSED FINALLY OP! THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY RESOLVED THIS THE oAY of 1955. ATTESrT: ,I �,✓ "� �/y aw -i��' �� ° � rcc L eZ s MAYOR CITY ECRET RAY! THE CITY OF CORPUS CHRISTI, TEX, °.. APPROVED A$ TO" ' LEGAL' FORM: LITY T4 CORPUS ZRI STO, TEXAS 4 � 1955 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 SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, �, --"��� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; FARRELL Do SMITH MINOR C U L L I W. J. Ro BERTS B. E, BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTC: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS fC�` B. E. BIGLER MANUEL P. MALDONADO ,�/i. r•