HomeMy WebLinkAbout04421 RES - 12/16/1955I HS: MEM:12 /16/55
A RESOLUTION
AUTHORIZING AND DIRECTING THE CITY NANAGER TO CAUSE
TO BE FILED WITH THE BOARD OF WATER ENGINEERS OF THE
STATE OF TEXAS AN APPLICATION ON BEHALF OF THE CITY OF
CORPUS CHRISTI FOR THE PURPOSE OF PRESENTING TO SAID
BOARD THE FACTS EXPRESSING THE DESIRE OF THE CITY OF
CORPUS CHRISTI TO INVESTIGATE THE FEASIBILITY OF WATER
APPROPRIATION AIdD STORAGE IN QUANTITIES GREATER THAN
20 000 ACRE FEET FOR THE PURPOSE OF PROTECTING THE
PRIORITY RIGHTS OF THE CITY OF CORPUS CHRISTI UNDER ITS
EXISTING PEKMITS NOS. 51, 933, 1463, AND 1177, IN
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 2. CHAPTER
136, ACTS OF THE 39TH LEGISLATURE; A COPY OF WHICH
PRESENTATION IS ATTACHED HERETO AND NADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI IS THE LAWFUL OWNER OF
PERMIT NO. 933, ISSUED BY THE BOARD OF WATER ENGINEERS OF THE STATE OF
TEXAS, DATED OCTOBER 31, 1927, WHICH AUTHORIZES THE APPROPRIATION BY SAID
CITY OF CORPUS CHRISTI OF THE PUBLIC WATERS OF THE STATE OF TEXAS FROM
THE NUECES RIVER IN THE AMOUNT OF 500,000 ACRE FEET PER ANNUM, FOR THE
PURPOSES SPECIFIED IN SAID PERMIT, FOR USE WITHIN THE CITY OF CORPUS
CHRISTI AND VICINITY; THAT SAID PERMIT WAS DULY AMENDED BY PERMIT NO. 1463,
AMENDING PERMIT NO. 933, ISSUED BY SAID BOARD OF WATER ENGINEERS UNDER DATE
OF AUGUST 19, 1946, WHICH AMENDMENT WAS IN FACT AND IN LAW A RENEWAL AND
FURTHER GRANT TO THE CITY TO APPROPRIATE 500,000 ACRE FEET PER ANNUM OF
THE WATERS OF THE NUECES RIVER; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS AT ALL TIMES RESERVED
UNTO ITSELF ALL WATER RIGHTS GRANTED TO OR HELD BY THE CITY OF CORPUS
CHRISTI UNDER EACH OF SAID PERMITS AND AMENDMENTS THERETO, AND STILL OWNS,
CLAIMS AND USES SAID PERMITS AND AMENDMENTS THERETO; AND
WHEREAS. IT IS NECESSARY TO CONSTRUCT A NEW OR ENLARGE AN
EXISTING RESERVOIR ON SAID RIVER SO AS TO MAKE A MORE BENEFICIAL USE OF
THE WATER RIGHTS NOW HELD BY THE CITY AND IT IS DEEMED NECESSARY THAT AN
APPLICATION BE FILED BY THE CITY OF CORPUS CHRISTI MAKING A PRESENTATION
OF FACTS IN CONNECTION WITH INVESTIGATION AND FEASIBILITY OF WATER APPRO-
PRIATION IN QUANTITIES GREATER THAN 20,000 ACRE FEET AND FOR THE STORAGE
OF WATER IN QUANTITIES OF NOT LESS THAN 20,000 ACRE FEET BUT NOT MORE THAN
APPROXIMATELY 200,000 ACRE FEET AND FOR THE PROTECTION OF SAID PRIORITY
RIGHTS OF THE CITY OF CORPUS CHRISTI UNDER ITS SAID PERMITB N0. 51, 933,
AND 1177; AND THE USE THEREOF FOR BENEFICIAL PURPOSES.
44zI
NOW, THEREFOP.E, OE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS;
SECTION 1. THAT RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY
OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO EXECUTE THE PRESENTATION, A COPY OF
WHICH 15 HERETO ATTACHED, AND SUCH OTHER INSTRUMENTS AND DOCUMENTS AS
MAY BE PROPER AND NECESSARY IN CONNECTION THEREWITH, EXPRESSING THE
DESIRE OF THE CITY OF CORPUS CHRISTI TO INVESTIGATE THE FEASIBILITY OF
WATER APPROPRIATION AND STORAGE, AND FOR THE PROTECTION OF THE PRIORITY
RIGHTS OF THE CITY OF CORPUS CHRISTI UNDER ITS PERMITS NOS. 51, 933,
1463, AND .1177, , AND DO SUCH OTHER ACTS AND THINGS AS MAY BE NEC -
CESSARY AND IN ACCORDANCE WITH THE REQUIREMENTS OF LAW, FOR AND ON BE-
HALF OF THE CITY OF CORPUS CHRISTI, CONCERNING THE AREA DESCRIBED IN
SAID PRESENTATION, AND TO FURNISH SUCH OTHER FACTS AND INFORMATION TO
THE STATE BOARD OF WATER ENGINEERS AS MAY BE PROPER AND NECESSARY, IN-
CLUDING THE TENDER TO SAID WATER BOARD FOR CANCELLATION OF THE PRESEN-
TATION N0. 1267 NOW HELD BY THE CITY.
IT IS FURTHER ORDERED AND DIRECTED THAT A COPY OF THIS OR-
DINANCE BE PREPARED AND FURNISHED TO THE STATE BOARD OF WATER ENGINEERS
IN CONNECTION WITH SAID APPLICATION AND THAT SAID ACTION BE TAKEN AS
PROMPTLY AS POSSIBLE BY THE SAID RUSSELL E. MCCLURE, OR UNDER HIS DIR-
ECTION.
SECTION 2. THAT THE SAID RUSSELL E. MCCLURE, CITY MANAGER
OF THE CITY OF CORPUS CHRISTI, BE AND HE IS HEREBY AUTHORIZED TO PAY THE
NECESSARY FILING FEE IN THE SUM OF $25.00 AND MAKE THE NECESSARY DEPOSIT
IN THE SUM OF $250.00 IN CONNECTION WITH THE FILING OF SAID PRESENTATION,
AND SAID FUNDS ARE HEREBY APPROPRIATED AND PAYMENT AUTHORIZED OUT OF NO,
141 MAINTENANCE AND OPERATION FUND.
SECTION 3. THAT THE NECESSITY FOR PROVIDING ADEQUATE WATER
SUPPLY FOR THE WATER USERS SUPPLIED BY AND THROUGH THE CITY OF CORPUS
CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE-
QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
-2-
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECES51TY TO
EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT
THIS RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,,
IT IS ACCORDINGLY PASSED AND APPROVED THIS THE 16 DAY OF DECEMBER, 1955.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
isTTES�r -"
CITY SEECRETAR
1
APPROVED AS TO LEGAL FORM C "
THIS_J�I_DAY OF DECEMBER, 1955:
CITY ATTORNEY
THE STATE OF TEXAS 0
C0#JkTY OF WMES 0
TO THE BOARD OF MATER ENGINEERS FOR THE STATE OF TEXAS:
1
THE CITY OF CORPUS! CHRISTI* A MUNICIPAL CORPORATION, ACTING
SY AMD TNROUSH ITS CITY MANAGER RUSSELL E. NCGLURE. ONLY AUTNGRtZED BY RE-
SOLUTION Of THE CITY COUNCIL Of THE CITY OF CORPUS CHRISTI* A CERTIFIED
COPY of WKICM RESOLUTION 15 ATTACKED HERETO, THE ADDRESS OF WNICN CITY
15 CORPUS CHRIST]. NUEBEB COUNTY, TEKAS, REPRESENTS TO THE BOARD OF WATER
iNDINEERS Of THE STATE DF TEXAS THAT THE CITY Of CORPUS CHRISTI DESIRES TO
INVESTIGATE THE tCASINILITV OF A PROJECT HEREINAFTER HORt SEf1NITELY DE-
FINED. HAVING FOR ITS OSJE6T THE APPROPRIATION, OtYER.SION AND BEKEFICIAL
USE OF WATER 10 QUANTITIES 111tCATE111 THAN 20.000 ACRE FEET, ADS TO CONSTRUCT
A SAN, ON PARS, AND ADEQUATE RESERVOIR, FOR THE STORAGE Of WATER IN THE
AMOUNT OF /HIT EXCEEDING 200.000 ACRE FEET. AND REPRESENTS AND SNOWS THAT
THIS APPLICANT HAS AN ORGANIZED ENOIKEERING FORCE ADEQUATE TO PROCEED IN
AM EXPEDITIOUS MANNER WITH SUCH INVESTIGATION.
THAT SAID APPLICANT FURTHER REPRESENTS AND SNOWS TO SAID HOARD
THAT TUC PROPOSED LOCATION DF SAID PROJECT IS AS FOLLOWS:
AT SOME POINT, OR POIRTi. ON THE NUEC€S RIVER LOCATED
BETWEEN THE POINT ON SAID RIVER IN .SAM PATRICIO AND JIM
WELLS COUNTIES. TEXAS, WHERE SAID RIVER 10 CROSSED BY
THE SOUTHERN PACIFIC RAILROAD SAID Polley OE]HG UPSTREAM
FROM THE POINT WHERE SAID RIVER i1 6R096E0 ■Y U. S.
HIGHWAY NO -Mll. BUT DOWNSTREAM FROM THE pRESENT KAi'HIS
BAN A50 THE POINT ON SAID RIVER WHERE T S ATE HIGHWAY
WO. CROSSES SAID NUECES RIVER NEAR . TEXAS.
INCLUDING AS MUCH AREA AS 1S PROPER AND ADEQUATE FOR THE
CONSTRUCTION OF A DAN. ON DAN&. AND WATER RESERVOIR,
NAVIWG A MAXIMUM STORAGE CAPACITY OF 206.000 ACRE FEET OF
WATER WITH A PRESENT ESTIMATION Of WITHDRAWAL AND USE
THEREFROM tel EXCESS Of $0.606 ACRE FEET OF WATER PER AWNUR.
BUT NOT EXCEEDING 240.000 ACRE FEET PER ANNUM.
THIS PRESENTATION IS MADE IN OENALF Of THE CITY OF CORPUS CHRISTI
FOR TKE PURPOSE STATED AND ALSO FOR THE PURPOSE Of PROTECTING THE RIGHTS
AND PRIORITIES OF THE CITY OF COR►Ui CNRtSTI UNDER EXISTING PERMITS NO.
$2, 038, 1463 AMD 1177. HERETOFORE ISSUED SY THE BOARD OF WATER CMOIREERS
AGO N011 MELD BY THE CITY OF CORPUS CHRISTI. AND WITHOUT ANY WAVIER OR
RELEASE OF ANY Of SAID PERMITS, EXCCPT HDWEVER, THIS PRESENTATION IS
fit-ED 00 CONNECTION WITH THE TENDER OF THE BOARD Of WATCH EN iNEERS Of
PRESENTATION NO. 1267, HERETOFORE AC@UIRED RY THE CITY FROM LO11 C. MESSER,
WHICH SAID PRESENTATION IS HEREWITH TEMOERED FOR CANCELLATION.
THE HATER$ PROPOSED TO BE STORED. DIVERTED, APPROPRIATED AND
USED WILL BE FOR THE PURPOSES OF DOMESTIC AND MUNICIPAL USES, MAMUFACTUR-
INS, IRRIGATION. THE CONSTRUCTION AND OPERATION OF WATER WORKS FOR CITIES
AND TOWNS, FOR STOCK RAISING, PUBLIC PARKS, GAME PRESERVES. RECREATION
AND PLEASURE RESORTS, AND POWER AND WATER SUPPLY FOR INDUSTRIAL PURPOSES
AND PLANTS. THE EXACT AMOUNT OR QUANTITY TO BE APPROPRIATED FOR EACH
PURPOSE IS NOT KNOWN AT THIS TIME BUT WILL, EXCLUSIVE OF THAT PROPOSED TO
BE USED FOR IRRIGATION AND RECREATION, PROBABLY AMOUNT TO A MINIMUM OF 20,000
AND A MAXIMUM OF 200,000 ACRE FEET PER ANNUM.
T1415 PRESENTATION IS MADE AND ACCOMPANIED WITH A DEPOSIT OF
$250.00, IN CONFORMITY WITH THE REQUIREMENTS OF SECTION 16, ET SEQ..
CHAPTER 88, GENERAL LAWS, REGULAR SESSION OF THE 35TH LEGISLATURE OF THE
STATE OF TEXAS, 1917, A$ AMENDED BY SENATE BILL NO. 345, PASSED BY THE
36TH LEGISLATURE, STATE OF TEXAS, AT ITS REGULAR :ESSION. 1925, FOR THE
PURPOSE OF PROTECTING PRIORITY OF RIGHTS.
THE CtlY 01- CCRPUS CHRISTI
BY
RUSSELL L. NCCLURE
SUBSCRIBED AND SWORN TO BEFORE IIk. THIS THE DAY OF DEC-
EMBER. 1935.
ROTARY PUBLIC Ill AND FOR NUECES
COUNTY, TEXAS
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTS AGREEMENT, OSLIGATION� OR EXPENDITURE CONTEMPLATED IN THE
ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS
CHRISTI TO THE CREDIT OF N0.
Al A110 OFL —ATIOH Fui!�
FUND FROM WHICH IT IS .PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED
FOR ANY OTHER PURPOSE.
DIRECTOR OF FINANCE
,PPR017� 1
C 1 TY CoPJTI;o L°
Corpus isti, Texas
1955
TO THE.MEMBERS OF THE CITY COUNCIL
Corpus Christiy.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
he passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, 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 D. Smith
Minor Culli
W. J. Roberts
B, E. Bigler
Manuel P. Maldonado
The.above ordinance was passed by the following vote:
Farrell D. Smith
Minor Culli
W. J, Roberts
B, E. Bigler
Manuel P. Maldonado
4 0-1
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