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HomeMy WebLinkAbout04362 RES - 10/12/1955MEM:10 /7/55 A RESOLUTION AMENDING AND EXTENDING RESOLUTION NO. 3321 ENTITLED NA 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, PRESENTA- TION NO. 1261, DATED JUNE 11, 1952, PROVIDING FOR THE INVESTIGATION OF THE FEASIBILITY BY THE CITY OF CON- STRUCTION OF A DAM AND RESERVOIR WITH 500,000 ACRE FEET OF WATER CAPACITY ON THE NUECES RIVER AT SOME POINT BE- TWEEN 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 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 FOR A PERIOD OF THIRTY -SEVEN MONTHS FROM AND AFTER DECEMBER 13, 1952, AND PROVIDING FOR FURTHER EXTENSIONS OF SUCH WITHIN THE DISCRETION OF THE CITY COUNCIL; AND DECLARING AN EMERGENCY. WHEREAS, ON THE 18714 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 CONSTRUCTION OF THE DAM DESCRIBED IN SAID RESOLUTION SHALL BE START- ED 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 SO HELD THE PROPO- SITIONS SUBMITTED TO VOTERS CONCERNING THE ISSUANCE OF BONDS, AND THE ENTER- ING INTO THE WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE -1- q 3V2 LOWER NUECES RIVER WATER DISTRICT AND THE TRANSFER OF CERTAIN PROPERTY FROM THE CITY TO LOWER NUECES RIVER WATER SUPPLY DISTRICT WAS DULY OARRIED; 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 INSTI- TUTION 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 CON- STRUCTION OF SAID DAM, AND THE APPELLATE PROCEDURE CONNECTED WITH SAID ACTION, WHICH LITIGATION WILL PROBABLY EXTEND PAST THE THIRTY-FOUR (34) MONTHS EXTENSION PERIOD PROVIDED IN RESOLUTION NO. 4271 BY THE TERMS OF WHICH RESOLUTION AND ORDINANCE THE EXTENSION PERIOD EXPIRES ON OCT 13, 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 TRAAL COURT IN SAID CAUSE AND RENDERING JUDGMENT IN FAVOR OF THE LOWER NUECES RIVER WATER SUPPLY DISTRICT; WHICH WOULD EN- ABLE 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 WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS RECEIVED THE ENGINEERING REPORT REVIEWING THE SITE SELECTION ON THE LOWER NUECES RIVER, AND UNDER DATE OF DECEMBER, 1954, AND HAS EXAMINED AND CONSIDERED SAID REPORT RECOMMENDING THE 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 OF THE OPINION, AND FINDS, THAT SAID RECOMMENDATION IS SOUND AND FEASIBLE, AND THE SAID SITE 15 THE MOST DESIRABLE SITE FOR THE ERECTION OF SAID DAM ON THE LOWER NUECES RIVER, -2- 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 PRO- VIDING FOR THE BEGINNING OF THE CONSTRUCTION OF SAID DAM AND THE CITY OF CORPUS CHRISTI, TEXAS, .ACTING BY AND THROUGH ITS CITY COUNCIL, HAS DETERMIN- ED TO EXERCISE ITS DISCRETION IN EXTENDING SAID PERIOD; WITHOUT RELINQUISH- ING 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 IS, HEREBY EX- TENDED TO REQUIRE THE BEGINNING OF THE CONSTRUCTION OF SAID DAM WITHIN THIRTY - SEVEN (37) MONTHS FROM SAID DATE OF DECEMBER 13, 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 EXTEN51ONS 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 IS HEREBY, AUTHOR- IZED TO EXECUTE ALL INSTRUMENTS NECESSARY AND REQUISITE TO ACCOMPLISH THE -3- INTENT OF SAID RESOLUTION NO. 3321 DATED SEPTEMBER 16, 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 RESOLUTION 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 RESOLUTION BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND FTER TS PASSAGE, IT 15 ACCORDINGLY RESOLVED THIS THE / ®� DAY 0F�1955. ` MAYOR ATTEST-_) - -J� � THE CITY OF CORPUS CHRISTI, TEXAS CIT SECR TAR ` APPROVED AS TO LEGAL FORM OCT ER // 1955: CITY ATTORNEY CORPUS KIST, TEXAS , 1955 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 INTRODUCEDY AND THAT SUCH ORDINANCE-OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; Is 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, MAY THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDON ADO ! \ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL SNI TR �. MINOR CULL LLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO �\ `f3�a