HomeMy WebLinkAbout03532 ORD - 08/12/1953AN 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 MRS. M. P. WRIGHT, SR. WATER
PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS
SITUATED ON SUCH LANDS OWNED BY THE SAID MRS. M. P.
WRIGHT, SR. IN NUECES COUNTY, TEXAS, FOR AND IN CONSI-
DERATION 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,
TEXAS
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED AND
DIRECTED TO EXECUTE A CONTRACT TO PURCHASE FROM MRS. M. P. WRIGHT, SR. WATER
PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED
BY THE SAID MRS. M. P. WRIGHT, SR. IN NUECES COUNTY, TEXAS, FOR AND IN CON51-
DERATION OF THE TERMS OF THE CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE
A PART HEREOF.
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, 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 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 TARE
EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
PASSED AND APPROVED THIS THE _DAY OF AUGUST, 1953.
MAYOR
ATTESTit ,i THE I'14141OF 0 PUS R I ST I , E AS
i
CITY SECRETARY j
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
3537
THE STATE OF TEXAS Q
I KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES i
WHEREAS, THE UNDERSIGNED OWNER HAS POSSESSION OF AND OWNS CERTAIN
LAND AND PREMISES SITUATED IN NUECES COUNTY, TEXAS, AND UNDER WHICH LAND THERE
EXISTS SUBTERRANEAN WATER SANDS FROM W141CH WATER MIGHT BE PRODUCED THROUGH
WELLS; AND
WHEREAS, THERE NOW EXISTS ON OR NEAR SAID LAND AN ABANDONED AND NON-
PRODUCTIVE GAS AND /OR OIL WELL.WHICH MIGHT BE COMPLETED AS A WATER PRODUCING
WELL; AND
WHEREAS, THE CITY OF CORPUS CHRISTI (HEREINAFTER REFERRED TO AS "CITY ")
DESIRES TO ATTEMPT TO COMPLETE SAID WELL OR WELLS, OR DRILL A NEW WELL, AS A WATER
PRODUCING WELL AND PURCHASE THE PRODUCTION OF WATER THEREFROM IN ACCORDANCE WITH
THE TERMS, CONDITIONS AND PROVISIONS HEREOF HEREINAFTER SET OUT:
NN, 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 OWNER AND SAID CITY AS FOLLOWS, TO -WIT:
1. THAT THE CITY SMALL HAVE THE OPTION AND OPPORTUNITY TO STUDY THE
LOG AND INFORMATION CONCERNING THE FORMATION IN SAID WELL OR WELLS, AND, IF
DEEMED FEASIBLE THE CITY SHALL HAVE THE OPTION OF ATTEMPTING TO COMPLETE SAID
WELL OR WELLS, OR DRILL ANEW WELL OR WELLS AT SUCH LOCATIONS AS MAY BE SELECTED BY
CITY, AS WATER PRODUCTION WELLS AND FOR SAID PURPOSES SHALL HAVE THE RIGHT OF IN-
GRESS AND EGRCSS IN AND TO THE LANDS OF THE PLAINTIFF, WHICH LANDS ARE MORE
SPECIFICALLY.DESCRISED AS FOLLOWS:
FIRST TRACT: ALL OF THE SHARE CONTAINING 434.59 ACRES OF LAND
ALLOTTED TO THE CHILDREN OF SARAN SAUNDERS, DECEASED, IN THE
PARTITION OF THE W. W. WRIGHT ESTATE IN THE PROBATE COURT OF
NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THAT
CERTAIN OIL, GAS AND MINERAL LEASE DATED MARCH 7, 1934, RECORDED
IN VOLVNE 17, PAGE 320 OF THE OIL AND GAS RECORDS OF NUECES
COUNTY, TEXAS, TO WHICH REFERENCE I$ HERE NOW MADE.
SECOND TRACT: ONE HUNDRED (100) ACRES OF LAND SITUATED IN THE
COUNTY Of NUECES AND STATE Of TEXAS, OM THE WATERS OF THE
NUECES RIVER, ABOUT TWENTY MILES NORTHWESTERLY FROM THE COUNTY
SEAT OF SAID NUECES COUNTY, TEXAS, THE SAME BEIRS A PORTION OFF
THE NORTHERN PART OF 434.59 ACRES OF LAND ALLOTEO TO ADELINE
WRIGHT IN THE PARTITION OF 1303.79 ACRES OF LAND To EMILY WRIGHT,
ARTHUR S. WRIGHT AND ADELINE WRIGHT, IN THE PARTITION Of THE W. W.
WRIGHT ESTATE OF RECORD IN BOOK "H" PAGES 313 -324 PROBATE MINUTES
OF NUELE3 COUNTY, TEXAS, WHICH TRACT OF LAND 13 MORE PARTICULARLY
DESCRIBED IN A CERTAIN WARRANTY DEED DATED FEBRUARY 4, 1916, RE-
CORDED IN VOLUME 113, PAGE 19 OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS, TO WHICH REFERENCE 13 MERE NOW MADE.
2. IN THE EVENT IT IS DETERMINED BY THE CITY THAT IT IS FEASIBLE TO
COMPLETE SAID EXISTINY WELL, IF AMY BE ON SAID LAND OR TO DRILL A NEW WELL ON
SAID LAND AS A WATER PRODUCING WELL, AND THE JANE IS COMPLETED AND CAPABLE Of
PRODUCING WRYER, THEN THE CITY SHALL BE, AS HEREBY PERMITTED, TO INSTALL A
PUMP WITH SUITABLE POWER AND/OR MOTOR OF SUCH TYPE AND DESICM AS MAY BE SELECTED
BY THE CITY AND EQUIP THE SAID WELL FOR PRODUCTIOM, ALL AT THE CITY'S SOLE COST,
EXPENSE AND RISK.
3. IT IS UNDERSTOOD AND AGREED THAT THE RIGHT AND OPTION IN THE CITY
TO THE OPERATION OF SAID WELL OR WELLS, AS MAY BE COMPLETED AND CAPABLE OF
PRODUCTION, SHALL CONTINUE FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE HEREOF
WITH OPTION IN ?HE CITY TO EXTEND SAID PERIOD FOR A FURTHER AND ADDITIONAL PERIOD
OF FIVE (5) YEARS.
4. THE CITY SMALL HAVE THE OPTION OF PRODUCING WATER FROM SAID WELL
IN SUCH QUANTITIES AND AT SUCH TIMES AS THE CITY MAY DESIRE: PROVIDED, HOWEVER/
THAT ALL WATER PRODUCED SHALL BE PAID FOR BY THE CITY AT THE FOLLOWING RATES:
(1) ONE AND ONE -HALF CENTS (1 1/2 #) PER ONE THOUSAND GALLONS FROM ANY WELL OR
WELLS PUT INTO PRODUCTION BY CONVERTING AN EXISTING OIL AND /OR GAS WELL. (2) ONE
CENT (10) PER ONE THOUSAND GALLONS FROM ANY WELL DRILLED AND PRODUCED BY LESSEE.
PAYMENTS TO BE NOSE EACH MONTH ON OR BEFORE THE 1OTH DAY OF THE CALENDAR MONTH NEXT
FOLLOWING THE MONTH OF PRODUCTION; THE AMOUNT OF WATER PRODUCED TO BE COMPUTED AND
DETERMINED THROUGH THE USE OF AN ORIFICE AND /OR A WEIR INSTALLED IN THE DISCHARGE
LINE OF EACH PUN► OR WELL AND ON THE BASIS Of THE INFORMATION PROCURED FROM SUCH
ORIFICE AND /OR WEIR AND COMPUTATION PURSUANT THERETO CUSTOMARILY EMPLOYED IN THE
MEASUREMENT OF THE FLOW OF WATER AND THE AMOUNT OF WATER PRODUCEO.FROM SAID WELL OR
WELLS SMALL BE DETERMINED, COMPUTED AND PAID FOR BY THE CITY.
5. FOR THE OPERATIONS CONTEMPLATED HEREIN THE CITY SHALL HAVE THE
RIGHT OF INGRESS AND EGRESS, INCLUDING EASEMENTS FOR PIPE LINES, POWER LINES AND
FLOWAGE, WITHOUT, ROWEVER, THE RIGHT TO DAMAGE ANY GROWING CROPS OF THE OWNER, UPON
THE LAND Of THE OWNER, AND UPON THE TERMINATION OF THIS AGREEMENT TO REMOVE AT THE
WILL Of THE CITY THE PIPES AND ANY AND ALL OTHER EQUIPMENT, INSTALLATIONS, TOOLB
OR MACHINERY INSTALLED OR USED THEREON.
6. THE CITY SHALL HAVE THE OPTION OF COMMENCING OPERATIONS OR Of TERMI-
RATING ON ABANDONING THIS AGREEMENT AT ANY TIME DURING THE TERM OF THIS LEASE OR
-2-
ANY EXTENSION THEREOF. IN THE EVENT THE SITE OF ANY WELL DRILLED HEREUNDER IS
ACQUIRED AS A PART OF A WATER .RESERVOIR SITE, GRANTOR SHALL NOT DE ENTITLED TO
ANY PAYMENT OR VA'.UATION FOR ANY WELL OR RE50LUTION MADE BY THE GRANTEE,
7. IN THE EVENT ANY D SAGREEMENT MAY ARISE AS TO THE COMPUTATIONS OF
FLOW OR PRODUCTION OF WATER FROM ANY WELL OR WELLS COVERED BY THIS AGREEMENT,
AND UPON REQUEST OF THE OWNER, THE CITY SHALL WITH THE OWNER, OR HIS REPRESENTATIVE,
CONDUCT A TEST READ NQ OF THE FLOW OF SAID WELL OR WELLS. IF SUCH READING RE
FOUND TO VARY FROM THE DATA USED IN THE COMPUTATIONS BY THE CITY AS MUCH AS FIVE
PERCENT (5 %), THEN SUCH COMPUTATION SHALL DE CORRECTED FOR THE PRECEDING MONTH
AND SUCH CORRECTED DATA SHALL BE USED FOR SUBSEQUENT COMPUTATIONS. SUBSEQUENT
CHECKS MAY BE HAD AT REASONABLE INTERVALS BY THE OWNER UPON TEN (10) DAYS REQUEST
TO THE CITY.
8. UPON ANY TERMINATIOM OF THIS LEASE, THE WELL OR WELLS DRILLED OR
OPERATED MY THE CITY SHALL BE LEFT INTACT FROM 'HE SURFACE DOWN AND NO CASING RE-
MOVED THEREFROM, AND SHALL REVERT TO THE GRANTOR, AND THE GRANTOR SHALL HAVE THE
OPTION OF PURCHASING THE EQUIPMENT, PIPES, INSTALLATIONS, TOOLS OR MACHINERY IN-
STALLED, OR USED THEREON, WHICH THE CITY WOULD OTHERWISE HAVE THE RIGHT TO REMOVE
UNDER SECTION 5 ABOVE, AT THE PRICE FIXED BY THE CITY AT THE ;IME OF TERMINATION.
9. THIS LEASE I$ SUBJECT AND SUBORDINATE TO THE TERMS OF ANY EXISTING
OR FUTURE OIL, GAS OR MINERAL LEASE CONCERNING SAID LANDS, OR ANY PART THEREOF.
WITNESS OUR HANDS THIS DAY OF AUGUST, 1953-
MRS. M. P. WRIGHT, SR.
THE CITY Of CORPUS CHRISTI, TEXAS
ATTEST: BY
CITY MANAGER
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON TH S DAY PERSONALLY APPEARED
MRS. M. P. WRIGHT, SR., A FEME SOLE, KNOWN TO ME TO DE THE PERSON WHOSE NAME 15 SUD-
SCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO NE THAT SHE EXECUTED THE
SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, 1953-
NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS
CORPUS CHRISTI,
TEXAS
,
1953
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING ORDINANCE, 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, HEREBY REQUEST
THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THI5
ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
�-� X� L —
MAYOR
CITY OF CORPUS C ISTI, TE) S
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:
A. A. LICHTENSTEIN�(�
ELLROY KING
/]
P. C. CALLAWAY
JAMES A. NAISMITH
,
W. JAMES BRACE
c�
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
A. A. LICHTENSTEIN���
ELLROY KING
P. C. CALLAWAY
Z�
JAMES A. NAISMITH
W. JAMES BRACE
3532