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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 • r 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 $36,000.00, above referred to, has been paid to said Cartwrightm, if said City has not then received all of said 600,000,000 gallons of water to which said City is entitled hereunder, than said City shall be entitled to a water credit to ouch extent and said City shall be entitled to the delivery of the remainder of such water, represented by such water credit, within the period of one year thereafter (hereinafter referred to as "additional one year period "); but said Cartwriit a shall not be obligated nor liable to said City in ary manner for failure to deliver such water represented ty such water credit, except that, if said Cartsrights shall fail to deliver to said City ouch water represented by such water credit within auch additional one -year period, said Ca. bar lCats shall refund to said City, the value of such water represented by such water credit (computed on the basis of 60 per 1,000 gallons), or, at maid Cartwrightsm option, said Cartwrighte may deliver ouch water represented by ouch water credit to said City within the year following such addLtional ono -year period, same to be delivered in accordance with the provisions of paragraph 3 hereof. 3. It is understood and agreed that the water to which said City shall be entitled hereunder, shall be the water which, in the opinion of said Cartwrigh_te, can be produced from said three wells referred to in paragraph 1 horeof, in excess of the amount of such water needed by said ................... -3- agrtgrlghts for Uviptt* twig Inal, vlttaat dareglag or ftUtlnd sold won$ 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. -7- ' r COURT{, OF CIVIL APPEALS .� _,r:� �..y '� c�.�' � " - - .�,",� <' •'���,e" ,• � .. - -err' - �' „+ d�K Sen .,Rnfonio: Tez'as, r ggµ��. A a `r4edidad .arilsa• "'� ��`•• �� mo�ipn to 'eat "e'ua - t;3isie P :Pilsig appe2Ze!' .bri ®f esid; =f bt�iaato o#' E C ii' }:t Alta ease -wt• �Q Y,�iCi wSj VJ: Vv k7"t {e �•rr�`{ 5•.'.y_ td > tY �7 L `3. ' ``r s flti�re: ?f - • 3 t ' 6 - �,` M1a; y.�ea.4-{37',� " ; l� "..G- u d Christi vw* d: LfrCt9 rIa.425 .l I' , � % jh, !� ��� _ - f?• - . -��� � ��, , � ROBERT- L. COOS, Clerk � ti _ =Y