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Home My WebLink About03412 ORD - 02/03/1953AN ORDINANCE-nit,��i AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT TO PURCHASE FROM HOLMAN CART- WRIGHT AND WIFE, CLAIRE LUCAS CARTWRIGHT WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS (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 TRIBUTARIES FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF; AND DE- CLARING AN EMERGENCY. BE 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, AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT TO PURCHASE FROM HOLMAN CARTWRIGHT AND WIFE, CLAIRE LUCAS CARTWRIGHT, WATER PRODUCED FROM SUBTERRANEAN WATER SANDS. THROUGH WELLS (INCLUDING WELL #I, 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 TRIBUTARIES FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT,A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 3 LI I THE STATE OF TEXAS i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES i THAT, 6i4EREAS, HOLMAN CARTWRIGHT AND WIFE, CLAIRE LUCAS CARTWRIGHT, (HEREINAFTER REFERRED TO AS "CARTWRIGHTS'') AR£ THE OWNERS OF LAND IN LIVE OAK COUNTY, TEXAS, ABUTTING LAKE CORPUS CHRISTI, AND SOME OF ITS TRIBUTARIES, AND THERE ARE SUBTERRANEAN WATER SANDS UNDER SUCH LANDS, FROM WHICH WATER CAN BE PRODUCED, THROUGH WELLS, SITUATED ON SUCH LAND Of SAID CARTWRIGHTS; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS (HEREINAFTER REFERRED TO AS "CITY'', DESIRES TO PURCHASE FROM SAID CARTWRIGHTS, AND SAID CARTWRIGHTS DESIRE TO SELL TO SAID CITY, WATER PRODUCED FROM SUCH SUBTERRANEAN WATER SANDS, THROUGH WELLS SITUATED ON SUCH LAND OF SAID CARTWRIGHTS, IN ACCORDANCE WITH THE TERMS, PROVISIONS AND CONDITIONS HEREOF, HEREINAFTER SET OUT: MV, THEREFORE, IN CONSIDERATION OF THE PREMISES, AND THE COVENANTS AND AGREEMENTS Of THE PARTIES HERETO, AS HEREINAFTER SET OUT, IT IS AGREED BY AND BETWEEN SAID CARTWRIGHTS (HOLMAN CARTWRIGHT AND WIFE, CLAIRE LUCAS CARTWRIGHT), AND SAID C.TY(THE CITY OF CORPUS CHRISTI, TEXAS), AS FOLLOWS, TO -WIT: 1. SAID CARTWRIGHT$ NOW HAVE THREE (3) WATER WELLS SITUATED ON THEIR SAID LAND, ADJACENT TO LAGARTO CREEK, HEREINAFTER REFERRED TO RE- SPECTIVELY AS WELL NO. 1, v "FLL ND. L, AND WELL N0. 3, AND IT IS CONTEMPLATED THAT ADDITIONAL WELLS MAY HEREAFTER BY MUTUAL CONSENT, BE BROUGHT UNDER THE TERMS Of THIS AGREEMENT. Z. THE CITY AGREES TO PURCHASE FROM CARTWRIGHTS, AND CARTWRIGHTS AGREE TO SELL TO THE CITY, WATER FROM SAID 'WELLS. NOS. 1,� z, AND 3 AND ANY OTHER WELLS HEREINAFTER BY MUTUAL CONSENT BROUGHT UNDER THE TERMS OF THIS AGREEMENT) AT SUCH TIME, IN SUCH QUANTITIES, ON SUCH tERMS AND CONDI- TIONS, AND FOR SUCH PRICES AS ARE HEREINAFTER PROVIDED, 7947941T.- `A) THE CITY ACTING BY AND THROUGH ITS CITY MAO&OER, DIRECTOR OF PUBLIC UTILITIES} SUPERINTENDENT OF WATER DEPARTMENT, OR SUCH OTHER EMPLOYEE OR EMPLOYEES AS SMALL BE DESIGNATED BY SAID OFFICIALS, SHALL ORDER WATER FROM SAID WELLS FROM TIME TO TIME AS MAY BE NEEDED BY THE CITY; (B) THE CITY SHALL BE ENTITLED TO SUCH QUANTITY OF WATER FROM SAID WELLS AS MAY BE PRODUCED THEREFROM IN EXCESS OF THE FOLLOWINGS (I) ALL SUCH WATER AS MAY Be NEEDED BY CART- WRIGHTS FOR IRRIGATtliIIG THEIR LANDS, IT BE- ING UNDERSTOOD THAT CARTWRIGHTS SHALL BE ENTITLED TO FIRST CALL ON THE WATER FROM SAID WELLS FOR IRRIGATING THEIR LANDS} (11) ALL SUCH WATER AS MAY BE NEEDED TO FULFILL ANY CONTRACTS WHICH CARTWRIGHTS MAY NOW HAVE TO DELIVER WATER TO THIRD PARTIES; PROVIDED WATER MAY BE PRODUCED FROM SUCH WELLS IN EXCESS OF THE ABOVE AMOUNTS WITHOUT DAMAGING OR DEPLETING SAID WELLS 09 THE WATER SANDS OR WATER SUPPLY IN SAID WELLS; (E) CARTWRIGHTS SHALL NOT BE REQUIRED TO FURNISH WATER FROM SAID WELLS IN VIOLATION Of ANY COURT OR ANY LAW, RULE, OR REGULATION Of ANY STATE OR FEDERAL AGENCY PURPORTING TO EXERCISE JURISDICTION OVER SUCH ItATTERS; (D) UPON RECEIPT OF NOTICE FROM THE CITY Of ITS DESIRE FOR WATER, CARTWRIGHT$ AGREE TO COMMERCE FURNISHING WATER AS ABOVE PROVIDED, TO THE CITY WITHIN A REASONABLE TIME, AND UPON RECEIPT OF NOTICE TO STOP FURNISHING WATER FOR THE CITY, CARTWRIGHTS LIKEWISE AGREE TO STOP WITHIN A REASONABLE TIME. ALL WATER TO BE DELIVERED HEREUNDER BY CARTWRfGHTS TO THE CITY SHALL BE DELIVERED INTO SAID LAKE -2- OF CORPUS CHRISTI OR ITS TRIBUTARIES. (E) THE CITY SMALL PAY CARTWRIGHTS FOR ALL WATER ORDERED AND FURNISHED HEREUNDER AT THE RATE OF SIX CENTS (60) PER THOUSAND (1,0W) GALLONS. (F' IN CASE OF BREAKDOWN OF THE PUMPING EQUIPMENT OR Fµ1LVRE OR INABILITY OF SAID WELLS TO PRODUCE, REQUIRING MAJOR EXPENDITURES FOR REPAIRS OR REWORKING OPERATIONS, IT IS AGREED THAT CARTWRIGHTS SHALL BE UNDER NO OBLIGA- TION TO PRODUCE FROM SUCH WELL OR WELLS, UNLESS AND UNTIL MUTUALLY AGREEABLE ARRANGEMENTS HAVE BEEN MADE BETWEEN THE PARTIES HERETO FOR THE PURCHASE OF REPAIRS AND REPLACE- MENTS, AND THE WORK INCIDENT TO PUTTING SAID WELL BACK ON PRODUCTION, AND UNTIL SUCH REPAIR$ AND REPLACEMENTS HAVE BEEN MADE AND SUCH WORK HAS BEEN DONE. 3. IT IS AGREED THAT AMOUNTS OF WATER NEEDED BY SAID CART - WRIGMTS FOR IRRIGATING THEIR LAND, MAY BE PRODUCED FROM SAID THREE WELLS REFERRCO TO IN PARAGRAPH '"1` HEREOF, OR FROM ANY ONE OR MORE Oc SAID WELLS, AND/OR FROM ANY OTHER SOURCE OF SUPPLY ON CARTWRIGHTS' LAND (EXCEPT WATER PUMPED BY SAID CITY FROM SAID HOCO WELL NO. 4}), AND THAT SUCH WATER NAY SE DELIVERED INTO SAID LAKE CORPUS CHRISTI OR ITS TRi9UTARIf S, AND THAT THE SAME AMOUNT OF WATER MAY BE PUMPED OUT OF SAID CAKE CORPUS CHRISTIX OR ITS TRIBUTARIES, AT OTHER POINTS, BY SAID CARTWRIGHTS, FOR SAID CART- WRIGHTS' IRRIGATION PURPOSES, AND IT IS AGREED THAT SUCH WATER SO DE- LIVERED INTO SAID LAKE CORPUS CHRISTI BY SAID CARTWRIGHTS, FOR SUCH PUR- POSE, SHALL NOT BE CONSIDERED AS DELIVERY TO SAID CITY, OF WATER WHICH SAID CITY IS ENTITLED TO HEREUNDER, AND IT 15 FURTHER AGREED THAT SUCH AMOUNTS OF WATER DELIVERED INTO, AND PUMPED OUT OF, SAID LAKE CORPUS CHRISTI BY SAID CARTWRIGHTS, IN ACCORDANCE WITH THE TERMS OF THIS PARA- GRAPH '3 ", SHALL NOT BE CONSIDEREO AS, NOR AS ANY PART OF, WATER WHICH SAID CARTWRIGHTS ARE OTHERWISE ENTITLED TO UNDER ANY OTHER AGREEMENT OR AGR EEMENTS, OR OTHERWISE. b. SAID CITY, HAVING INSTALLED A TURBINE PUMP AMD MOTOR ON THAT CERTAIN WELL KNOWN AS THE HOCO WELL ND. 41, SITUATED ON SAID CARTWRIGHTS SAID LAND, IT IS AGREED THAT THE CITY SMALL HAVE THE RIGHT, AT THE OPTION OF THE CITY, TO PUMP SAID HDCO WELL ND. 41 in SUCH MANNER, AS NOT TO DAMAGE OR DEPLETE SAID WELL OR THE WATER SANDS OR THE WATER SUPPLY IN SAID WELL, AT SAID CITY'S SOLE COST, EXPENSE AND RISK, AND CITY AGREES TO PAY SAID CARTWRIGHTS, INDEPENDENT Of THE SUMS WHICH MAY BECOME DUE 3T REASON OF WATER FURNISHED TO THE CITY FROM SAID CARTWRIGHT YELLS ND. 1, 2, AND 3 ABOVE MENTIONED, THREE CENTS (30) PER THOUSAND GALLONS FOR WATER PUMPED FROM SAID HOCO WELL NO. 41, SAID CITY TO PAT FOR SUCH WATER SO PUMPED FROM SAID HOCO WELL NO, 41, EACH MONTH, BY THE 10TH OF THE FOLLOWING MONTH; THE AMOUNT OF WATER PRODUCED 5T 5A. CITY FROM SAID WELL TO BE COM- PUTED AND DETERMINED IN THE MANNER SPECIFIED IM THE SUCCEEDING PARA- GRAPH, AND SAID CITY SMALL HAVE THE RIGHT TO REMOVE, AT ITS WILL, THE PUMP AND ALL EQUIPMENT INSTALLED ON SAID HOCO WELL ND. 111, BY SAID CITY. THE AMOUNT OF WATER PUMPED BY SAID CITY FROM SAID HOCO WELL BYO. 41 SMALL NOT SE CONSIDERED AS ANY PART OF THE WATER TO BE OELIVER+ ED BY SAID LANTWR.IGHTS TO SAID CITY UNDER THE PROVISIONS OF THIS AGREE- MENT RELATING TO SAID CARTWRIGHT WELLS NO. 1,2, AND 3. r). IT 1S 'UNDERSTOOD AND AGREED THAT CARYWRIGNTS SMALL FURNISH THE CiTY WITH INFORMATION AS TO THE QUANTITIES OF WATER DELIVERED BY CARTWRIGHTS TO SAID CITY HEREUNDER, INTO LAKE CORPUS CHRISTI; AND IN THIS CONNECTION, IT IS AGREED THAT THE AMOUNTS OF WATER DELIVERED SHALL BE COMPUTED THROUGH THE USE Of AN ORIFICE AND /OR A WEIR AND /OR ANY OTHER PROCEDURE OR METHOD MUTUALLY AGREEABLE TO THE PARTIES HERETO INSTALLED IN THE DISCHARGE LINE OF EACH PUMP; AND IT IS FURTHER AGREED THAT SAID CARTWRIGHTS SMALL NOT BE REQUIRED TO INSTALL ANY OTHER MEASURING OR METERING DEVICE OR DEVICES FOR THE PURPOSE OF DETERMINING THE QUANTITIES OF WATER DELIVERED HEREUNDER. ON THE BASIS OF THE INFORMATION PROCURED FROM SUCH ORIFICE ARDOR WEIR, AMD /OR OTHER MEASURING DEVICE, AND COMPUTATIONS PURSUANT THERETO, CARTWRIGHTS SHALL NOTIFY SAID CITY AS PROMPTLY AS POSSIBLE AFTER INC END OF EACH CALENDAR MONTH, AS TO THE QUAMTiTY 4F WATER DELIVERED HEREUNDER TO SAID CITY DURING SUCH CALENDAR MONTH. THE AMOUNT OF WATER PUMPED BY SAID CITY FROM SAID HQCO,W,ELL No. 41 SHALL DE DETERMINED AND COMPUTED IM THE MANNER ABOVE SPECIFIED. U. IT IS UNDERSTOOD AND AGREED THAT THIS AGREEMENT SHALL NOT IN ANYWISE CHAN @E, ALTERp IMPAIR NOR PREJUDICE ANY RIGHTS, PRIVI- LEGES, DUTIES OR OBLiGATiONS OF THE PARTIES HERETO, UNDER ANY EXISTING AGREEMENT OR AGREEMENTS, 00 OTHERWISE, NOR SHALL ii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iTHER PARTY HERETO SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT BY GIVING THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER TO SUCH EFFECT, AND fTHI 4S AGREEMENT SHALL PROMPTLY TERMINATE AT THE EXPIRATION OF THE THIRTY {301 DAY PERIOD SET OUT IN SUCH NOTICE, BUT SUCH TERMINATION SMALL NOT RELEASE THE CITY OF ANY ACCRUED LIABILITY FOR WATER DELIVERED BUT NOT PAID FOR. 9. iN THE EVENT EITHER PARTY HERETO IS PREVENTED OR DELAYED IN PERFORMANCE OF THIS AGREEMENT BY FIRE, STORM, FLOOD, WAR, BREAKDOWN OF EQUIPMENT OR PARTIAL OR ENTIRE FAILURE OF WELLS OR ANY OTHER CAUSE OR CAUSES, WHETHER OF THE KIND ENUMERATED OR NOT, BEYOND 4HE REASONABLE -5- CONTROL OF THE PARTY CLAIMING SUSPENSION, TM €N 11 IS AGREED THAT THE OBLIGATION Of THE PARTY SO Af FECT£'O SHALL BE SUSPENDED DURING THE CONTINUANCE OF THE INABILITY SO CAUSED, AND SUCH PARTY $HALL NOT BE LIABLE FOR TIM' DELAY OR FAILURE TO PERFORM RESULT{RG THERCFA.01W. IN WITN£SS',FHERi,'JF, THIS AwREFKr N7 13 EXECUTED OIV THi5 T;iE DAY CIF _- _- 71`,53, BY H(mm AH CARTWRIGHT AMID WIFE, CLAIRE LUCAS CARTWRIGHT, AND SY THE CITY OF CORPUS CAR15Ti, TEXAS, ACTING HEREIN OY AND THROUOFI ITS AND -q��, ,�, 4EIi F. il4•fiiL R. DULY AUTROIRILti-), HOLMAN CARTWRIGHT CLAIRE Lv C.A CARTWRIGHT ATTE`: T s CITY CIF CURPlJ,'- CHRIST[, TEXA& 3Y xTAT£ OF TEXAS C OUNFY OF 8EE NEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HOLMAN CARTWRIGHT AND CLAIRE LUCAS CARTWRIGHT, HIS WIFE, BOTH KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SU85CRISED TO THE FORE- GOING iNSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EACH EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND THE SAID CLAIRE LUCAS CARTWRIGHT, WIFE OF THE SAID HOLMAN CARTWRIGHT, HAYING aEEN EXAMINED BY ME PRIVILY AND APART FROM HER HU,SZANI7, AND HAWING THL SAME FULLY EXPLAINED TO HER, SHE, THE SAID CLAIRE LUCAS CARTWRIGHT ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT AND DEE'O, AND SHE DECLAREI'. THAT t;HE HAO WILLINGLY SIGNED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN F.1- PRE'SSEO,; AND THAT SHE DID NOT WISH TO RETRACT IT. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF A,. U. 1953- NOTARY PUBLIC IN ANO FOR BEL COUNTY, TEXAS STATE UF TEXAS %W WTY OF WUECES 13EFGRE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED f uF THE CITY OF CORPUS CHRISTI, TEXA S, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOW- -6- CEOGED TO ME THAT THE SAME WAS THE ACT OF THE SAID eITY OF CORPUS CHRISTI, TEXAS, A CORPORATION, AMD THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES *NO CONSIDERATION THEREIN EXPRESSED, AND IR THE CAPACITY THEREIN STATED. GIVEN CINDER MY HAND AND SEAL OF' OFFICE, THIs THE DAY OF A. D. 1953. NOTARY PlIBLIC IN AND FOR NUECES CouNTY, TEXAS. SECTION 2. THAT THE GREAT PUBLIC IMPORTANCE OF INCREASING THE -WATER SUPPLY FOR THE CITY OF CORPUS CHRISTI AND THE SURROUNDING AREAS, BEING OF THE GREATEST IMPORTANCE TO THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PUBLIC, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY, RE- QUIRING THE PROMPT EXECUTION OF THE AFORESAID CONTRACT, AND 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, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID 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 AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS ITHE DAY OF FEBRUA r, A.D. 1953• AT EST: MAYOR CITY OF CORPUS CHRISTI, TEXAS CITY rj ECkETARY APPR�'El AS TO.- .LEGAL FORM: CITY AT-T RNEY CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTL9MENo FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINAMCE, 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 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, MA OR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE-. LESLIE WASSERMAN FRANK E. WILLIAMSON JACK DEFORREST (� GEORGE L. LOWMAN MIKE A. NEEDHAMy JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE-. LESLIE WASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR , . 3� 12-