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Home My WebLink About03528 ORD - 08/05/1953TE XAS AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT TO PURCHASE FROM EARL C. DUNN WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY SAID DUNN IN NUECES COUNTY} TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO 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 OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BEj AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT TO PURCHASE FROM EARL C. DUNN WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY SAID DUNN IN NUECES COUNTY, TEXAS FOR AND IN CONSIDERATION OF THE TERMS OF THE CON- TRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE GREAT PUBLICIMPORTANCE OF INCREASING THE WATER SUPPLY FOR THE CITY OF CORPUS CHRISTI AND THE SURROUNDING AREAS, BEING OF THE GREATEST IMPORTANCE TO THE HEALTHY SAFETY AND GENERAL WELFARE OF THE PUBLIC CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING 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 COUNCILS AND THE MAYORy 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 THE n_E�_ AY OF AUGUSTS 1953. TAY-OR ,u THE CITY ORPUS CHRISTI, TEXAS ATTES I�. CITY SECRETA Y AS APPROVED/TO LEGAL FORA: CITY AT 017T' NEY / T#1E 57ATE OF TEXAS # COUNTY OF 4difECEb I 9W K ALL MEN BY THESE ®-RESENTS: WHEREAS, THC UN0ER3I4MED OWNL05 NAVE P0S$,tS6I6* OF AND OWN CERTA.N `A11O AND PREMISES 31'UATCO I% NUCEfA COUNTY, TEXAS, AND UNDER W04CH : -AND THERE EIItS "$ SUDTEARANEAM VATEB SANDS FROM WMiCM VATLR M GHT at PRODUCED THROUGH WCL, -$i AND '^1" REAS, T"uka, NOW CRiS'S ON OR NEAP 5AI0 :.ARD AN ABANDONED AlfD NOW- PAODU'. 1Ve, GAS AND/OR GIs.. WELL Wmicii NIGHT DE COMP�,ETEU A`S A HATER 0*0OUL INS V,ELt.q AND WHE6REAS, IMF CITY OF YGRP116rLRRfST: (NCREIRAFTER REFERRED TO AS CITV ) DCSIRE$ 0 AT C14PT TO CO"I"t-E SAID WELL OR WE'-", OR DR —C A NEW W£ , AS A WATER PRODUC +NG WEL: AND PURCHASE THE PRODUC7't ON Of WATER VVICREFROM :N ACCORDANCE WiIN THE TERMS, CONDI- :-tON.S AND PPROY1SiOM$ ALREOC MLR£tMAFTER SET OUT. i., THEREFORL, 19 COUSIDERATION OF TN9 PPEOh SEE AND THt; COVCNANTS 440 AGREEMENTS OP TOE PARTIES MERC''O, AS HEREINAFTER st T OUT, it d$ AGRCCD TIY A%Q S"E +W;E.N SAID OWNCRS AMD 36I0 C +TY AS VOLLOwS, TO -VtT: 1- rAA -HF L11Y SHALL NAVE THE OPTION AND OPIPORTUNt T ?0 STUDY THE 1.04 AHD NFORMA71ION COMCCRNIX4 THE FGftUTR0% IN SAID WE OR VEL�,S ANO, IF DEEMED FCA$t NLE THE CITY SHALL HAVE ThE OPTION OF ATTEMPTING TO CDMPi,.E[E SAID WELL ON WELi.9, 0R DRIB :k A NEW WE:..L OR WELLS A.. SUCH LOCATIONS AS MAY 9C SELECTEI] BY CITY, AS WAFER PRODUCT'1$N WCL .S AND FOR $AID PURPOSES SHALL NAVE THE R.GOT Of IN— GAF -.SS AND EGRESS N AND "'O ?Mt: .ANDS Of- x096. PL&Iftl�Pf, a',elCw LANDS ARE MOAIr SPCCITIC:AL,.Y OtSCRIBED AS TOLLOWSt A'.L Of TNA? CONTAIN TRACT, PIECE, OR PARC96 OF .t.AND LYING AND BEING SITUATED IN NIi9GES COUNTY, $TA' -E. Of TEXAS, A*6 MORE FAMTICU,..ARLr 093- CRIDED AS 691096 TMA NORTHWEST (R WEST PORTION OF p A 656.64" AERE TRACT DES:ONATCO AS SHARE „E,. AND AL g OTTYp 0 VINCENT LUNTXFR IN TOE PARTI+- "IOM Of HE t;STA'E Of JU$TIMA BLUNTZER, OECEAStO, iM/ THE CASA BLANCA N GRAT too l NUit`LS COUNTY, TEXAS, TIME SAID TWO HUMORCO 21Wj ACRES MAViNG FOR ITS WZST OR NORTHWEST 0094DARY THE WEST OR NORTNWEST BOUNDARY Of SAID - S%AR1t ..E.. AND FOR IT$ EAST OR SOUTOWAST 000"DARY0 A SttE PARR : :. raEi WITH AND AT A SUFF?CIIENT DIAi AMCL THERE ?'ROM 10 4RCLML TWO "UNUR €O lt`E{aOj Ar #L$ DI_ LAND; AND DIEING THE SAME two HUNDRED (20O) A!, :AES tl ['E C:RIBZ17 FH A CER "A,N DEED DATED DECEMBZR 21., 1942, ;ROM CD HUNT ANO JOHMIE HUNT, CONVEYING SAID LAND TO ':MC GRANTOR. WHICH DEED IS RECORDED N YOi.UMN a.:J°I, 07LGINN "a ON PAGt 52Z, OF THE DEED OccOROS OK NIu£cts CDI;WTY, 1EXAS, AND T4 W"I CH R9COAO REIERCIICE IS NOW MADE IH TOE SAME :NCORPO- RATION HEREIN FOR NOAC PARTICULAR .?fSCR�rY! ON. Z. IN TIRE @VENT IT IS atEfE&1011490 0' THE CITY IHA'1 tT IS FEASIGLE TO COMP: ETC SA 10 EX +ST i*G We l.S :F ANY SE ON SAID LAND OR 'Q DRILL A NEW WELL ON SAID LAND AS A WATER PRODUCING WELL, AND THE 'SANG IS COMPLEYCO AND CAPAGLE Of PRODUCING WATCRS THEN THE ['TY SHAD. G[S AS HEREOY PERN:TTEDS TO INSTALL A ►uMP WITH SUI -rASLE POWEp AND /OR MOTOR OF SUCH TYPE AND DESIGN AS NAY GE 14LCCTED MY THE C -TY AMD COUtP -'Nt SAW W €L, FOR PRODUCTION, ■LI. A `HE GITT*S SOLE COST, EXPCNSE AND, RIAK. 3. iT 'S VWDERS -ODD AND AGREED r"A: THE NIGHT AND OPT:OM +% THE CSTY TO !HE OPtd.:ATION at' SAID WE.t, OR W€LL.SS AS MAY GE COMPLETCD AND CAPAOLE OF PRODUCT40*, SHA.L CONTiWUC FOR A PCR100 OF FIVE (5) YEARS FROM THE DATE NEWCOY WITH OPTION IM THE City 'Q EXTEND SAID PERIOD FDR A FURTHER ANO ADDI rIONAL PC%IQQ Of FtVt (5) YEARS. 4. THE CITY SHALL HAVE ,H[ OPTION OF PRODUCING WATER FROM SAID WELL 'N SUCH GOARTI'IES AND AT SUCH TINES AS INC CITY HAY DESIAEj PROVIDED, HOWEVEp, THAT ALL vAlt'.# PROOIICED SNA-L GE PAID FOR GT THE CITY AT ^.'HC FOLI.DWIRG RNTCI;T (1) ORE AMD ONE +NALP CENTS (1 1/24) PER OAK !HOUSAWD GALLDNG FROM ANY WE -.t OR Wt_i. t PUT INTO PROO6IC" ON OY CONVCATING AN T.XISTiMG OIL AND /OR GAS WELL. (2) ONE CENT (10) PER ONE THOUSAWO *ALLOWS FROM ANY WCLL DAtl:.LEO AND PRODUCED OY LCSSte. PAYMENTS 'D ME MADE EACH WONT" ON ON GEFORt THE 10TH DAY OF THE S..ALCROAR MONTH NeXT FOL's OWING THC *097" 4f PRORUCTION;, THE AMOUWT Of wVATCR PRODU'CCO TO GE COMPUTCD AND OCTERMtNE0 THROUGH THE USE OF AN ORIFICC ANO/QP A WEIR .STALLED IN TWE DISCNARGt LINE OF EACH "" OR WELL AND ON THE PAStS Of THE INFDRMATt" PRDCURCD FROM SUCH ORIFICE AND %OR WEIR AND GQMPay'ATt6M PtipSUANT €HCRETO EUSTONAAILY EMPLOYED �% THE MEASURCMENT OF THE FLOW OF WATER AND THE ANDUOT of WA ?'CA PGDDUCED FROM Will WELL OR WELLS SHAD., GE DE'tN. WIMEOf GDNPUTED AND PAID FOR GY THE CITY. Fj. FOR THE OPCAAT�ORS CONTIMPLAiCD HEREIN THE CITY SHA -.L HAVE THE p�OHT OF INGRESS AND EGITESSS INCLWDIMG [ASCMCNTS FOR PIPE LINES, POWER LINES ARO FLOWAGE, WITNOU', HOWEVC*, THE RIGHT to DAMAGE ANY GROWING CROPS OF TNC OWNER, UPON THE -.AND OF THE OWNERS AND UP" THE :ERMINA'ION OF :HIS AORC[WENT TO RCNOV[ At SHE WILL OF :ME CITY TIRE PIPES AND ANY AND ALL OWNER EQUIPMENTS INSTALLATIONS, YOOsS OR NACMiNCRY ?NSTALLED OR USTI) 'NERCO". LT. THE CI"Y SHALL HAYS "HC DPrIOW OF COMMEWCIWG OPERATIONS OR OF TERNINAT- ING 00 AM/ARDONiNG THIS AGREENEWT A'" ANY TI*E DURING THE TERM OF T"r$ LEASE, OR ANY EXTENSION TNCREOP. IN TIME CVENI THE SITE OF ANY WCLi. ORILLEO HEREUNDER Vi ACQUIRED AS A PAR' OF A WA:tR RESERVOIR SITES GRANTOR S "ALL. NOT 01 COT41LED TO ANY PAYMEHT OR VA- LUAt 1011 FOR ANY Wtt.t, OR WE"O.VTtON MADE Or TNC GRANTEE. . IN THE EVERT ANY DISAGREEMENT MAY ARISE As To THE LOMPUTATIOIIS OF FLOW[ oft PRADUCTIOM OF WATER FROM ANY WELL OR WELLS COMEREO 8Y THIB ABRECRENT, AND UPON NFOUCST OF THE OWNER, THE CITY SHALL WITH THE ONWER, OR Ht8 REPNVSENTATIYE# CONDUCT A TEST READING QF THE FLOW Of SAID WELL OR WELLS. IF SUCH READING 13V FOUND TO VARY FROM THE DATA USED IN THE COMPUTATIONS BY THE CITY AS RUCK AS FIVE PERCENT (5 %)� THEN SUCH COMPUTATIGR SHALL SE CONNECTED FOR THE PRECEOINS #IONTi, AND SUCH CORRECTED DATA SHALL BE USED FOR SUDSEQUEHT CGMPUTATIOWS, SUSSEQUENT CHECKS MAY SE HAD AT REASONABLL INTERVALS ay THE OWNER UPON TEN (10) BAYS REQUEST TO THE CITY. 8. IF Ho OPERATIONS ARE CORMEMCEO WITHIN SIX (6) *amy Ss rem TILE DATE HEREOF THE% THIS LEASE SHALL TERMIHATC. ' • IN THE EVERT THE GRANTEE SHALL HAVE A DEPENDABLE SOURCE OF WATER SUPPLY A.�40 THE PRODUCTION Of WATER FROM ANY WELL OR WELLS DRILLED DR OPERATED ON THE LANDS C4'YERED AY THIS LEASE SHALL BE DISCONTINUED SY THE CITY, THEN TNIS LEASE SHALL TERMINATE, 10. 10. UPON AMY TEISIINATION OF THIS LEASE, THE WELL OR WELL'S DRILLED OR OPERATED VY THE CITY SHALL SC LIFT INTACT rpm THE 11URFACQ OBW% A" NO CASING AND SHALL REVERT TO THE GRANTOR, REMOVED TH;EREFRDH,/AHO THE GRANTOR SHALL HAVE TUC OPTION Or PURCHASING THE EQUIP- MENT, PIPESy INSTALLATIONS, TOOL'S ON MACHINERY IMSTAL.LEO,OR USED THEREON, WHICH THE CITY WOULD OTHERWISE HAY€ THE RIGHT TO REMOVE UNDER SVI:TIOX r} ABOVE, AT THE PRICE FIXED BY THE CITY AT THE TINE OF TERMITIATtOM. WITWSS RJR 14MM THIS PAY Or Au&u*T, 1953• ARL C. Wtaw ATTEST; THE CITY Or CEIOW CHRISTI, TEXAS BY ITT rECRETAAY RUSSELL-C.- USSEL4 • MCCLURE, ITV NAOtIt APPMYEZ) AS TO LEGAL FIR ITV TTO*NEY THE STATE OF TEXAS CWNTY OF NUECES BEFORE ASE, THE UMDERSIRN€0 AUTNORITY, ON THIS DAY PERSONALLY APPEARED EARL C. "N, XftOWN TO ME TO or TMB,PE•RSUN WHOSE RARE IS SUBSCRIBED 10 THE FOAE- GOING INSTRUMENT AND AtKNOWLE1116E0 TO ME THAT HE EXECUTED THE SAFE FOR THE "PIPOSES AND i:ORSIVERAY'ION TH €REIN EXPRESSED. GIVEN BINDER W HAND AAA) SLAL OF CIFFICE, THIS THE DAY of AuQ4mT, 1953- NOTARY PV8L IC IN Adw FOR- UELES/ TY, €XAS THE STATE OF TEXAS COUNTY Or NUECES BEMRE ME, THE uMOER9tONEA AUTRORITY, ON TMIS DAY PERSONAL:.Y APPEARED kUSSELL E. MtCLURE, CITY MANA6111! OF THt CITY Or CORPSis CHRISTI, TEXAS, KNOWN iO ME TO 8E '�HE PARSON A140 OPE' -ICER !WHOSE NAME is sosscm+AEO lk" ='ME COREOO ?HO INSTRkIMENT AND ACMNOUL,EOOEO TO ME THA: THE $AMC WAS THE. ACT OP THE SAID CITY Or CORPUS CHNISTI, TEXAS, A CORPORATION, AND THAT MS EXECUTED THE SAME AS TIME AC7 Or SUCH CORPOItA7104 VO4 THE PVRPOSC9 AND CONSIDERATION THEREIN EXPAZ$SEO, AND -N THE CAPACiT'Y PHEREIN STAi EU. 4953• GIVEN Ut!Fi) R MY NAND AND SEAL +F OFFICE, THIS TtbE OAY or__, ROTARY atOl.l C. IN AMD fO* Nu[cE$ COYiNTY, TEXAS CORPUS CHRISTI, TEXAS .� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 1953 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN51ON 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, MAYOR Qa, n. y CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEINjy��\ ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH y� W. JAMES BRACE 62 2 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN d-ly-) ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3 t5 zIS