HomeMy WebLinkAbout03041 ORD - 05/22/1951AN ORDINANCE
AUTHORIZDTG AND DIRECTING THE CITY MANAGER '
FOR AND ON BEH4LF OF THE CITY Ue CARPUS CHRISTI
TO EXECUTE A CONTRACT TO PURCHASE FROM HOL`IAN
CARMIGRT AND WIFE, CLAIRE LUCAS CARTWRIGHT
WATER PRODUCED FRCM SUBTERRANEAN WATER SANDS
THROUGH WELLS (INCLUDING WELL #l, KNORN AS TIM
CART RIGHT LAGARTO CREEK l9ELL, NOW IN EXISTENCE)
SITUATED ON SUCH LANDS OWNED BY SAID CARTAUGHTS
IN LIVE OAK COUNTY, TEXAS, ABUTTING LAKE CORPUS
CHRISTI (MATHIS LAKE) AND SOME OF ITS TRIBUTARIES
FOR AND IN CONSIDERATION OF $36,000.00(6g0PO90,000
GALLONS CF WATER AT 6¢ PER THOUSAND GALLONS) UNDER
THE TERMS, PROVISIONS, AND CONDITIONS OF SAID
CONTRACT_, A COPY OF 'NHICH IS ATTACHED BEBETO AND
MALE A PART HEREOF; AND DECLARING AIL EMERGENCY.
BS IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS: •.
SECTION 1. That the City Manager of the City of Corpus
Christi for and on behalf of the City be, and he is hereby, author-
ized and directed to execute a contract to purchase from Holman
Cartwright and wife, Claire Lucas Cartwright, crater produced from
subterranean water sands through walls (including Well #1, known
as the Cartwright Lagarto Creek Well now in existence) situated
on such lands owned by said Cartwrights in Live Oak County, Texas,
abutting Lake Corpus Christi (Mathis Lake) and some of its tribu-
taries for and in consideration of $36,000.00 (6001090 -0000 gallgns
of water at 6¢ per thousand gallons) under the terms, provisions,
and conditions of said contract, a copy of which is attached here -
to and made a part hereof.
SECTION 2. That the great public importance of in-
creasing the water supply for the City of Corpus Christi and the
surrounding areas, being of the greatestimportance to the health,
safety, and general welfare of the Public, creates a public am-
ergency and an imperative publiq necessity, requiring the prompt
execution of the aforesaid contract, and requiring the suspension
of the Charter rule that no ordinance or resolution shall be pass
ed 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, having declared such emergency and neces-
sity to exist, having requested the suspension of said Charter rule
'SO4 -/
and that this ordinance be passed finally on the date of its intro-
duction and take affect and be in full force and effect from and,
after its passage, IT IS ACCORDINGLY PASSED AND APPROVED This the
yday of May, A.D. 1951.
MAYOR
ATTEST= CM OF CORPUS CRRISTI, TE%A3
APPROVED AS TO LEGAL FORM:
Corpus Christi, Texas
;s—Z . 1951
TO THE MEMBERS OF TEE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasono at forth in the emergency clause of the fore-
going ordinance, a public emergency and imperative necessity exist for
the suspension or 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, 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
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
/1
Barney Cott`
Sydney E. Herndon
George L. Lawman
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack LeForrest
au,
Barney Cott
Sydney E. Herndon
._`�`�
George L. Lowman
PDtada 9/21/51
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THS am= or Two �
htMOH ALL W hs 2MEN RM=Mt
C00MM a1 LM OAK !
2HAT, Wt AMs IIolmn Cartwriot and vifs, Claire Liman Cartwright,
(bereitbfter referred to as "Casderitite) are the can of Lad In %dVe Oak
County, TOM, abutting iatos Corpns Christi; and sres'of Ito trVmbarias, and
them are Subterranean imtmr sendrandsr such lands, from wddch voter am be
preduood, tlnosgb wells, situated car such land of amid Carterightsl and
VHZRM 6, tan City of Corps Christi, Tones (hereinafter referred
to as "Citq"), demise to purebase rms said Cartwrigbts, Sad said Ca. tvrfghts
desire to salt to said City, voter prodncad frck such Subterranean water sands,
through vlls situated on such land of said Cartvrigbts, In accordance with
the torus, provisions and conditions hereof, be"Inafter set outs
WW, Titer, In occolderatlm of tie psemlow, and the aovanmnts
and agrea=ts of tba parties hereto) as hereiaafter set oat, it is agreed by
and between sold Cartvrights (Balm Cartwright and vife, Claire luau Cartwright),
and amid City (the City of Corpaa Christi, Twos), so follays, to -Vitt
1. Bald cartnU to now nave o water Wall situated m their said
land, ad,aeont to Lagarto Creek, known as the " Cartwright Lagarto Creek Wsll ",
said vsll being hereinafter referred to as "Hall No. 1 "I and said Cortvrights
agree to dr111 two (2) addrticnal voter vans ca said Cartvrights' 1®d ad-
jaoant to Lake Corpus Mulati at locations herstofore agreed upon between
said Cartvrights and said City. Bald CerbmUAU agree to C=wwe ow (1)
of sold alldtle ml wells promptly after tan azemrtim hermt, end to thereafter
drill said well, or CeuSO sums to be drilled With due diligenae, said well to
be bsreiamfter referred to as "Well No. 2", and sea Cartarieft agree to
Commence the drllllas of the seaan8 of said alllUmol wells prosptly after
the ocapletioo of said Well to. 2 and to tharsafter-dr111 said well or cause
saran to be drilled vith due dlligtnce, said well to be hereinafter referred
to, AS "Well too. 3 ".
2. 8Sid MAY agree to pum'chaM from Geld Cartwrdtdtts Wiz hundred
million (600,000,000) gallons of water at the rate cf SIX cents (60) per
tbottand (1,000) gsilcas, the total carasagration for such Water being the
Gam of Thirty -afar Thousand D022Ms (W,000,00)I and unless said non of
$36,000.00 mbe37,be Pau scomr, am bsaeiatdter met art, the acme mhsll be
Lain in ar+t+Lblr i a ,,a (bretamfter mr-T@d to aA "mint— aoatbly yeyasate"),
on the 10th day of each amth, as lolxm* tottlt;
Baia City camas to sale miniaam maw ay piimats at am Thousal
Dollars (41, 000.00) Par mmm to said mrterutte, the first such
ainlo m aanthy poplot to l,s mmdo on the loth day of dime, IM,
and 0 lib $1,OD0.00 Aft0jo s amthl7 MWmt to be rood• m the loth
AV of scab month tan"fter, until said Well tto. 2, above Worried
to, is cocplstod, attar which the nlniiaaz mob y payments aball be
3nareasod to Too ZWus3nd Dollars ($2,000.00) per ate; the first
such $2,000.00 al-imam montIlly Lit t D be undo m the nest alnimm
monthly payment date folloviag the complotAm of said Wall No. 8, end
a like minimum awabhly Mm" of $8,000.00 to be mods on the ].0th day
of each momh thssoatter, until said Well 80. 3, Abom referred to,
Is c- outed, after which the miniam mmthy paymate shol l be In-
crmeaad to the am of Three Thauama Dollars ($3,000.00) Par month,
the first @ooh $3,000•00 uiniam moathlp ponaut to be made as the
next minimoav sndtbly pay=M date follmMg the calla tlon of said
Well So. 3, and a like $3,000.00 aiaimm ninthly payment to be made
as the loth day of each mchtb thareafter until sold aim of $36,000.00
shall have tm paid.
U til such am of $3$,000.40 bas been paid to Csrtvrtghts, Baia
alniam mmtb3,7 payment's, above L=avided for, @hall be paid as above yro-
aided, even thoufa the value or water, It any, proviowgy dslivsrea, any be
Use than t I I of earth mlnl— aemtb7y Maw ; but it is fartmr
provided, imaem, as folios=
(a) If, before tbt said $35,000.00 @ball bras Doan so peld to
Car It -1 10# the calm of Water (aacpated co the bate of 60 per 1,000 galleon)
aatnally MlivsrWd,durft 07 editbr MUM to add city, as brain prmide,
Abell oaeead the imamt of the ainimua r,onthly pmt which roumvs such oA3sn"
der .oath, tbOm in addition to amid affiimso soothty Psyspat, and at the time
Of far payaeat thereof, said city sba31 elan Day to Carta l" the ®bast by
which as wars at voter d@liverea ftrus such caUmIIsr smth 42mods said
mdal— santbly Papmsat, Which maid sacnazt shell baroatter be rviarsed to
as "saaem Pmt °7 and,
-8+
(b) if, before the said $36,000.00 shall have beau so paid to Cartwrights,
the value of water (computed on the basis of 6¢ per 1,000 gallons) actually delivered
during arq calendar month to a id City, as herein provided, shall be less than the
amount of the minimum monthly payment which follows such calendar month (the dif-
ference between the value of ouch water so delivered during such month and such
minimum •monthly payment bairn horeineftor referred to as "deficiency") the City
shall be entitled to credit ouch excess payment or payments, or part or portions,
thereof, theretofore made to Cartwrights, on the deficiency, and thereby reduce such
minimum monthly payment to such extent; and this procedure may be followed by the City
in making the mini— monthly payments until such excess payment or payment credits
have been exbausted;
(c) Whenever the total sun of $36,000.00 shall have been so paid to
Cartwrights as above provided, the minimum monthly payments above provided for shall
cease.
Ritgid the entire sum of $36,000.00, above referred to, has been paid to
said Cartwrightm, if said City has not then received all of said 600,000,000 gallons
of water to which said City is entitled hereunder, than said City shall be entitled
to a water credit to ouch extent and said City shall be entitled to the delivery of
the remainder of such water, represented by such water credit, within the period of
one year thereafter (hereinafter referred to as "additional one year period "); but
said Cartwriit a shall not be obligated nor liable to said City in ary manner for
failure to deliver such water represented ty such water credit, except that, if
said Cartsrights shall fail to deliver to said City ouch water represented by such
water credit within auch additional one -year period, said Ca. bar lCats shall refund
to said City, the value of such water represented by such water credit (computed on
the basis of 60 per 1,000 gallons), or, at maid Cartwrightsm option, said Cartwrighte
may deliver ouch water represented by ouch water credit to said City within the
year following such addLtional ono -year period, same to be delivered in accordance
with the provisions of paragraph 3 hereof.
3. It is understood and agreed that the water to which said City shall
be entitled hereunder, shall be the water which, in the opinion of said Cartwrigh_te,
can be produced from said three wells referred to in paragraph 1 horeof, in
excess of the amount of such water needed by said ...................
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agrtgrlghts for Uviptt* twig Inal, vlttaat dareglag or ftUtlnd sold
won$ or tics +star smids or voter supply In gold valbi and It is miderstood
.and agreed that, to cc®ooti® with the delivam' 02 the 600,000,000 gallms of
wieT Vdmieh said City nheil be entatysd to harsaftaely said Carturights eb-11
bays the rigitt to deliver to said City Aft*Pnpr, and told City shall take
bsrwmCer, ell each above referred to amxess water frco said Harare VMUs,
above referred to, sod, elm, ell. water Vhloh,sald Cartwrl6" aeyp, at heir
option, deliver foam other sources of CM27 on tb lr load (ezcgpt water from
the BaCo j1821 No. 41, bMinaftgr referred to, during the tIM that sold City's
yva%lag eTuipasat Is installed Usx+a ), ,"" 0 that dodge the time Vban the
water loyal In said Lots Conus Chrtieti stye above the tTrthmse (73)
foot cootow ling above the age level, said City shell not be required to
accept doUvaries of such water into said Lake Corpus Christi urUss such
delivorlsa are requested by said City at each time end it Is mte6erstood and
agreed that water to be delivered haravadsr, by geld cartzrichto to sold Clt$,
eball be dslivsrgd into Lake Cows CLadatt ar its tributaries.
4. It is agreed that amatats of water Headed by sold Certwrlghts
for Irrigating their l end, my be produced from said three olio reigned to
In paragraph "1° barw r, or from guy air, or —a of said wolfs, and/or from
gay other soares of guaVIV m Cartwrl&ts' Land (except • -water pmq)sd by sold
City frum said HoCo Beu No. 411, and that ouch vatar zuy be dalivuwd Into
sold rake Corpus ChAirti or its tributaries, and that tbo now saomt of water
sexy be pumped cat of said lake Corpus Christi, or its tributaries, at otter
points, by sold Cortwrietts, for said CartvrlgtrtoI Irrigating Vapoesa, and
It is agreed that such water to delivared Into gold Luke Corpus Cbrlstl by
sold Cartwrfgate, for such purpose, fibs" not be considered as delivery to
sold City, of —bar which said City Is entitled to baseundar, and it to further
agreed that such ammurts of Voter dalleerad Sato, and I,I d out of, said
Lake Corpus Chrictl by gold CortarW ta, to accordance with the taros of We
paragraph R44, shell got be cam ldmd m, ear as 4 part of, voter jfah
said Caxtwriglrts are otbsreles snUWAd to tinder goy other agrsexmt or
Mares—S". or otbsrvlm.
g. Misr said suer, above provided for, bave born paid to said
CovWxIgh s, by said City, and after said City bas received all the, water which
4.
Raid City iR alltb d to rROMifR bMWIMYS. ay additional vier tram said
tbree veils, over and above vat desired by maid Carta lots for irrigation
purposes, which raid City desires to purchase end which sold C"'tmaisolts desire
to mall, shell be sold and delivered and paid far at such price and span Ruch
terms and conditions as Shall. be agreed wan by said Cartatebte end maid City.
6. Said City is now installing a tuabine paup and actor at that
certain well kuaosa as the SOCO volt Ho. 41, now owed by said Cartarigats and
situated on said Cartvrights' said land, and it Is agreed that said City shall
have the right, at the option of said City, to VaM said Mo Watt ;Co. la, in
such maffier, however, as not to damea or deplete said wall or the water sands
or water GOPP2Y in Said 8011, at said C14,715 8010 coat, e30=80 effi risk, and
asid City agrees to gage said Csrtvright9 (in alltlm to the error above speel-
fled) tbrae cants (3¢) par thousand gell for water p=pdd fry said Saco
Wall $o, hl, said City to SW for Ouch water so pumped P — maid SoCo {cell go.
41, each m=tb, by the 10th day of the fnl]ewing month; the amount of water
produced by $aid City from slid well to be coMated and determined in the
manner noeified in the succoading paragraph, and said City s3m11 have the
right to remove, at its will, the p=p and all equipment installed on said
ScCo Well to. kl, by said City. The amount of water pumped, by said City from
said Soco Wall Bo. bl, shell not be Considered as any part of tine 600,000,000
sun= of vases to be delivered by said Cartvri&ts to said City hereunder.
T. It in undoretood and agroad that cartwriots eha11 famish the
City with information as to the quantities of water delivered by Cartwrights
to said City hmvronder, into lake Carpus Chrbtil and in this coaasotion,
It is agreed that the amounts of water delivered shell be aompited through the
use of an critics MO/or a weir iaetallad in the discharge lime out each pump; and
It In flan Mw spared that said Cartsrlgbts -ball not be required to install
a7 other measuring or metering device or davicas forthe purpose, of determining
Us quantities of water delivered bermunder. On the basis of the information
Procured from such orifice and/or weir, and computations pursuant thereto,
Cartvrlghts abed. notify Bald City as promptly no possible after the and of
each calendar mouth, as to the quantity of water delivered hsresnder to gala
City dnrltaR such calendar aonth, do aaaait of water pnond ty said City iron
.g.
geld Soto YOU No. 41 shall. be dsssrndaed CA ooegead la tbb tamer ebws
a
spewed.
a. it to urAmtood and armed that this amt ahall not to
rime!" obsess, eater, lmpelr nor vralasiao ow rlmss Dr," sces, eztlles
or I dbli FUM of the parties berate, under GZW 4310ft" nVOGMeat or
tents, cr Otbarolss, Ov shall it in asWsiss Stfoot, Valve or Prslndtcs VW
chine, cman of Rouen or dofsaess such stthar P2 to 1=0 ban, or may
bava, ttgiestt tbO 023M tmdcl atlah aslstIM agros�lat or OUMM ats, er ot2w.
Yiss.
ffi win= 9 , thie agreement is omeouted cn this the
dey of , 19530 bJ > we Vies, Claire we"
Csrtvrliftt, Bad by the City of Corpn Christi, 10 mrss0 =UW Desalt by and
through its
bnVM to duly authowlUd.
Aa"' i.Tt Crli (IF cMWW Cmwn, =a
., , sm►ss aa Td� 1 .
Caaest os � 4 .
roiw MR, the uadeiaideed au4hority, m thts day peraanal]y
apIDSeraa zum CAf'1a1Ym Md CAM =0 CMZMM, his VIVO, both ko=
to w to be V* p+ rom vbm ums no rid to tbs ta:oppt Z Instivmmnt,
and sakWviaeW to m that taq+ aaob essauM the ease toV Sts aayaeea sad
cauidaratim tbsu®in espaysaad, and fits) said CIUM 1=0 CA&4i8=, vlfa of
tba sale. UnM CM&MV, bar3as boom modnrd Qt m DWIVI9 and spare r'
ber bsabaad, and baPioa ft a "M foUr a.Kg; stood to ber, *be, the said CSAnM
tA! Ad Cl4dSWSD6HR aetao44W such iastrummm, to be bar Got and dead, and
*he dsdlarad that abe bad Vf %lnol . OlV*d the resale for IBS pub and
atsai8ei'atl= umin azos'assed, aid last Abs did not viah to retract St.
01M "Mr; "I DQ SAS'iS AND SM OV iD`8=, thib the day of
. A. D. IM.
Notary Mirc in read Mr Sam 0 ,
Tries.
ae ins 4
as Ls i
NS, the un arsispod =LbQ3 ttVo m this dsy sez iI 4
tii City Ot Cosyns'ChsSati, QCO, 1 WJQ tO OR to the PMM sad osr
1�lirsa seas to sdpsasdW to to Scrovabs SvatrammE and aohamr2W pd to
me that the am use tba an oP tba am= My at Campus CWlofi, Tows,
a cgporaticn, and tbat be awanted the sdaa as the not of such corpmutim
for the parpases sad Couldeiatim tbovolm azpmvauA, and In the oapaaity Shem-
in stated.
olm D Mt SM AND MM CS 097 ICC, this the Boy at
. A. D. IM.
s9 Pub1fo In unid for Woman CcaM,
TUBS.
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COURT{, OF CIVIL APPEALS
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� % jh, !� ��� _ - f?• - . -��� � ��, , � ROBERT- L. COOS, Clerk �
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