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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