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HomeMy WebLinkAbout14336 ORD - 05/31/1978jkh:5- 30 -78; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DIVISION ORDERS FOR THE MINERAL LEASES AUTHORIZED BY ORDINANCE NO. 13170, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 5, 1976, AND ORDINANCE NO. 14153, PASSED AND APPROVED ON FEBRUARY 1, 1978, SUBSTANTIAL COPY OF SAID DIVISION ORDERS BEING ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute division orders for the mineral leases authorized by Ordinance No. 13170, passed and approved by the City Council on May 5, 1976, and by Ordinance No. 14153, passed and approved on February 1, 1978, substantial copy of said division orders being attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid division orders at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of the 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 and of r i passage, ge, IT IS ACCORDINGLY SO ORDAINED, this the_Lday of , 197AR ATTEST: C secretary PUS CHRISTI, TEXAS APPROVED: -') O DAY OF MAY, 1978: ICROFIL WA, J. BRUCE AYCOCK, CITY ATTORNEY J1��! By Assistant Attorney 14336 THE PERMIAN CORPORATION - 4671 SOUTHWEST FREEWAY AREA CODE 713 623.2790 P. O. BOX 1183 HOUSTON. TEXAS 77001 DIVISION ORDER Date :September 2, 1977 Lease No. 150267 TO: The Permian Corporation, P. 0. Box 1183, Houston, Texas 77001 Each of the undersigned certifies and warrants that he is the lawful owner of the interest shown below in all gas produced from: KELLY BELL — HELENE MANGE ET AL (GAS UNIT "D ") Nueces County, Texas, 309.17454 acres of land in Nueces County, Texas, consisting of City of Corpus Christi Drilling Blocks 726, 727, 748, 750, 751, 752 and 753, as established by Ordinance No. 8879 adopted by the City of Corpus Christi on May 29, 1968, as amended; which unit is more particularly described by field notes on Exhibit "B" to Unit Designation Agreement by Kelly Bell et al dated March 25, 1976, filed March 31, 1976, recorded in Volume 309, Pages 804 to 840 of the Oil & Gas Lease Records of Nueces County, Texas; to which unit agreement and the amend- ment thereof recorded in Volume 312, Pages 320 to 325, of said records and the respective records thereof, reference is here made for all purposes. and requests that payment be made to him accordingly. EFFECTIVE AS OF, First Runs CREDIT TO DIVISION OF POST OFFICE INTEREST ADDRESS City of Corpus Christi, Texas 0.40367/309.17454 of 3/16 R ".I. (.0002448) 0.72084/309.17454 of 3/16 R'_I. (.0004372) 0.98225/309.17454 of 3 /16 PUI. (.0005959) 0.65040/309.17454 of 3/161.R�I. (.0003944) Settlement shall be made within thirty (30) days after the month during which the gas purchaser settles its account on a 100% basis with The Permian Corporation for gas produced and sold by mailing or delivering to each of the undersigned owners, his heirs, assigns or legal representatives, a bank check or draft for the amount due. Each of the undersigned owners agrees to notify The Permian Corporation promptly in writing of any change of his fractional interest set forth above, and*such change shall be effective the first day of the month following receipt of such notice. The undersigned also agrees to indemnify and hold The Permian Corporation harmless from loss or damage for failure to give such notice. WITNESS: R. arvin ownsen , i y pager City of Corpus Christi, Texas THE I)CLA1AN CCUMPATICS DIVISION ORDER Lease No. 268485 September 2, 19_17 TO THE PERMIAN CORPORATION, P. O. BOX 1183, HOUSTON, TEXAS 77001 The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respective interests as set out below in all oil produced from all wells on the farm or lease, located in Nueces County, State of _ Texas more particularly described as follows: Nueces County, Texas, 309.17454 acres of land in Nueces Cdunty, Texas, consisting of City of Corpus Christi Drilling Blocks 726, 727, 748, 750, 751, 752 and 753, as established by Ordinance No. 8879 adopted by the City of Corpus Christi on May 29, 1968, as amended; which unit is more particularly described by field notes on Exhibit "B" to Unit Designation Agreement by Kelly Bell et al dated March 25, 1976, filed March 31, 1976, recorded in Volume 309, Pages 804 to 840 of the Oil & Gas Lease Records of Nueces County, Texas; to which unit agreement and the amend- ment thereof recorded in Volume 312, Pages 320 to 325, of said records, and the respective records thereof, reference is here made for all purposes. and commencing at 7 A.M., the day of First Runs Is and until further written notice either from you or us you are authorized to receive oil therefrom, purchase it and pay for it as follows: DIVISION OF CREDIT TO INTEREST POST OFFICE ADDRESS City of Corpus Christi, Texas 0.40367/309.17454 of 3/16 R_X. (.0002448) 0.72084/309.17454 of 3 /16R.z. (.0004372) 0.98255/309.17454 of 3/J6 R.z ' (.0005959) 0.65040/309.17454 of 3 /16R.s• (.0003944) N MAKE SURE YOUR CORRECT MAILING ADDRESS IS SHOWN ABOVE Foam 259 Rev- 5 -1 -63 The following covenants are also parts of this division order end shall be binding on the undersigned, their heirs, devisees successors, legal representatives and aseigm. FIRST: The oil received and purchased hereunder shall become your roperty as soon as the same is received into your custody, or that of any pipe line company or carrier designated by you, an the undersigned agree to look solely to you for payment of oil purchased hereunder and shall have no claim or recourse against any subsequent purchaser of said oil. SECOND: The oil received and purchased hereunder abail be delivered F. O. B. to any pipeline or carrier designated by you which gathers and receives said oil, and you shall pay for such oil to the respective owners according to the division of interest above set forth at the same price per barrel received by the operator of the lease covered by this division order. The word "oil" used herein shall mean crude oil and condensate (or distillate) delivered hereunder. THIRD: Quality and quantity shall be determined in accordance with the conditions specified in the purchase agree- ment with lease operator. The oIl shall be steamed when necessary to make merchantable and you may refuse to receive any oil not considered merchantable by you. FOURTH: Settlements and payments shall be made monthly by check mailed from your office to the respective parties at the addresses above given, for the amount of such purchase price due said parties, respectively, less any taxes required by the law to he deducted and paid'by you as purchaser. FIFTH: Abstracts and other evidence of title satisfactory to you will be furnished to you at any time on demand. In the event of failure to so furnish such evidence of title, or in the event of =dispute oz question at an time concerning title to the above lends, or the oil produced therefromi you may hold the Rraceeda of all oil received and run, without interest, until indemnity satisfactory to you has been furnished or until such dispute or question of title is corrected or removed to your satisfaction. And in the event any action or suit is filed in any Court affecting title either to,the coal property above described or to the oil produced therefrom in which any of the undersigned are parties, written notice of filing of such t" action shall immediately be furnished you by the undersigned, ste th e Court in which the same is filed and the title of such action or suit, and you or any tamer transporting oil for your account shall be held harmless from any judgment rendered in such suit and all reasonable costa and expenses incurred in defending against said claim, whether in your defense or in the defense of the carrier transporting oil for your account, and the undersigned shall pay said judg- ment and said costs and expenses. SIXTH: The undersigned severally shall notify you of any change of ownership, and no transfer of interest shall be binding upon you until a transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof, shall be furnished to you. Transfers of interest shall bemadeeffective not earlier than the first day of the calendar month in which notice is received by you. You are relieved hereby of any responsibility for determining if and when any of the in- terests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion or discharge of money or other payments from said interest and the signers hereof whose interests are affected by such money or other payments, if any, assume said responsibility and shall give you notice in writing by registered letter addressed to you at the above address, when any such money or other payments have been completed or discharged or when any other division of interest than that set forth above shall, for any reason, become effective and to famish transfer orders accordingly, and that in the event such notice shall not be received, you shall be held harmless in the event of, and are hereby released from any and all damage or loss which might arise out of any overpayment. SEVENTH: This division order shall become valid and binding on each and every owner above named as aeon as signed him or her regardless of whether any of the other above named owners have so signed; and in consideration of the pur- e of oil hereunder, consent is given hereby to you and any pipe line company which you may cause to connect with the wells or tanks on said land, to disconnect and remove such pipe lines, in case of termination by either you or us of purchases under this division order. EIGHTH: Working interest owners and operators who sign this division order, and each of them, guarantee and warrant for your benefit and that of any pipe line or other carrier designated by you to run or transport said oil, that all oil tend- ered hereunder has been and will be produced and handled in compliance with the Fair Labor Standards Act of 1938, and any amendments thereto, and all other federal, state and municipal laws, rules and regulations. IN ACCORDANCE WITH FEDERAL LAW, PLEASE INDICIATE YOUR SOCIAL SECURITY OR IDENTIFICATION NUMBER BELOW: WITNESS OF SIGNATURES OWNERS SIGN BELOW R. Marvin Townsend, City anager City of Corpus Christi, Texas BE SURE YOUR SIGNATURE IS WITNESSED AND YOUR CORRECT ADDRESS IS SHOWN Corpus Christi, Texas day of M 1971 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinances a public emergency and imperative necessity exist for the suspension 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; I, therefore, 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 C TY OF 4W5_7CHRISTI, TEXAS The Charter Rule was suspended by a following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by t e following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14330