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Home My WebLink About03671 ORD - 02/24/1954AN 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 A. W. GUST >iFSON WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY SAID GUSTAFSON IN SAN PATRICIO'.qOUNTY, TEXAS, FOR LAND IN CONSIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLnRING 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 DE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT TO PURCHASE FROM A. ".4. GUSTAFSON WATER PRODUCED FROIII SUBTERRAIIEAN WATER SANDS THROUGH WELI.S SITUATED ON SUCH LANDS OWNED BY SAID PATRICIO GUSTAFSON IN SAN1,_... COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. 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 T;:E 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 O;" THE CITY COUCiCIL, AND THE ;AAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION1 OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE .- 'ASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE -FFECT AND BE IF! FULL FORCE AND �EFFECT FROM AND TER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF 1954. MAYOR THE Cl OF CORPUS CHRISTI, TEXAS CITY SECRETARY � APPROVED AS TO LEG FORM: — J� CITY ;ATTORNEY THE STATE CF TEXAS X COWrY (P' NMCES X KNO ALL M BY WIEM PRESENTS: WHEREAS, The undersigned owner has possession of and owns certain land and premises situated in San Patricia County, Texas, and under which lend there exists subterranean water sands from which water might be produced through wells; and WHEREAS, There now exists on or near said land za abandoned and non- productive gas and /or oil well which might be completed as a water pro- ducing 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: NOW, TEIERWORE, 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 shall have the option and opportunity to study the lag 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 a new 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 ingress and egress in and to the lands of the Plaintiff, which lands are mare specifically described as follows: Part of the John McMullen Grant Abst. No. 17, and being Got or Black number four (4) out of the C. C. Smith sub- division of the Borden Ranch Treat, containing one hun- dred fifty and 47/100 mores of land, as shown by map or plat of said subdivision on file is the County Clerk's office of San Patricia County, Texas, to which reference is here made„ being the same lands conveyed by C. C. Smith to Lee Dickey by Deed dated August 7, 1929, which deed appears of record In Volume 93, pages 277 -278, of the Deed Records of San Patricia County, Texas. 2, In the event it is determined by the City that it is feasible to semplote said existing well, if any be oa said land or to drill a new well on said land as a water producing wall, and the same is completed and capable of producing water, then the City shall be, as hereby permitted. to install a pump with suitable power nud /or motor of such type and design as may be selected by the City and equip the said well for production, all at the City's sale 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 the City to extend said period for a further and additional period of five (5) years, 4, The City shall 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 follow- ing rates: (1) one and one-half cents (1 34.¢) per one thousand gallons from any well or wells put into production by converting an existing ail and/or gas well,. (2) One cent (1$) per one thousand gallons from any well drilled and produced by Lessee. P:,ymsots to be made each month on or before the 10th day of the calendar month next following the month of production; the amount of water produced to be computed and determined through the use of an orifice and/or a weir installed in the discharge line of each pump ar well egad on the basis of the information precured from such orifice and /or weir and computation pursuant thereto customarily employed in the measurement of the flow of water and the amount of water produced from said well or wells shall be determined, computed and paid for by the City, S. For the operations contemplated herein the City shall have the right of ingress and egress, including easements for pipe lines, (meaning surface pipe), power lines and flowage. without, however, the right to damage any growing crops of the owner, upon the land of the owner, and upon the termination of this agreement to remove at the will of the City the pipes and any and all other equipment, installations, tools or machinery Installed or used thereon. 6. THE CITY SHALL HAVE THE OPTION OF COMMENCING OPERATIONS OR TERMINATING OR ADAMDONING THIS AGREEMENT AT ANY TIME DURINO THE TERM OF THIS LEASE OR ANY EXTENSION THEREOF. IN THE EVENT THE SITE OF ANY WELL DRILLED HERE- UNDER IS ACQUIRED AS A FART OF A WATER RESERVOIR SITE, GRANTOR SHALL NOT BE EN- T:TI..E TO ANY PAYMENT OR VALUATION FOR ANY WEi— OR RESOLUTION MADE BY THE GRANTEE. 7. IN THE EVENT ANY DISAGREEMENT MAY ARISE AS TO THE COMPUTATIONS OF F9.OW OR PRODUCTION Of" WATER FROM ANY WELL iR WEL,L$ COVERF0 a.' THi$ AGREEMEHT, APtO UPON REQUEST Or FHF OWNER, THE C =T, SHALL WITH THE OWNER, OR HIS REPRESENTATtVEj CONDUCT A TEST REAOfNG OF THE FLOW OF SAID WELL OR WELLS. 1' SUCH READING BE FOUND TO VARv FROM THE DATA USED IN THE CONPUTATi ONS BY THE CITY AS M!JCH AS FIVE PER -'ENT (5 %), THE9d SUCH C:OM PUTATFON SHALL BE CORRECTED FOR THE PRECFDIf4c MONTH AND SUCH CORRECTED DATA 5HP:LL BE USED FOR S085EQl1ENT COMPUTATIONS. SUBSEQUENT CHECKS MAY 'E HAD AT REASCId ABLE, INTERVA',.a By THE OWNER UPON TEN (70) DAYS REQUEST TO THE CITY. Uc UPON ANY Tc RMINATi OH OF TH95 LEASE, THE WELL OR WELLS DRILLED OR ')PERATED OY THE CSTY SHALL FIE LEFT I!= TACT FROM THE SURFACE DOWN A14D NO CASINi REMOVED THEREF"M, AND SHALL REVERT TO THE GRANTOR, AND THE GRANTOR SHAI.L HAV9- THE OPTION 0- PURCHASING THE EQUIPIAC.NTS SURSACC PIPS, PNSTALLATIONa, TOOL`s OR MACHINERY !NSTA'_LLO, OR USED THEREON, WHICH THE CITY WOU,.D OTHERWi S£ HAVE THE RIGHT TO REMOVE JNOER SECT!GN 5 ABOVEg AT THE •"RICE FIXED BY THE CITY AT THE TIME OF TERMINATION. 9. THIS LEASE fS SUBJECT AND SUBORDINATE TO THE TERMS OF ANY EX',STING OR FUTURE. OIL, GAS OR MINERAL LEASE CONCERNING SAID LANOI OR ANY PART THEREOF. WITNESS OUR HANDS, THtS DAY Os It t954o A. W. MTAFSON THE CITY OF CORPUS CHRISTI, TEXAS 811 ATTEST, RUSSELL C. MCCLURE, CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM. C ?TY .ATTORNEr THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE vmozRSIG%cD AUTHORtTYj ON THIS DAY PERSONALLY APPEARED A. W. GUSTAFSON, KNOWN TO ME TO BE THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURroS',S AMC) �7,ONSIOERATIOV' THEREIN EXPRCSSEO. GIVEN UNDER W HA14D rND SEAL OF OFFICE, TmIs THE _DAY OF I 19F)4. NOTARY PIJULIC 1,11 AND FOR NUECES COUNTY, T1.xAs THE STATE OF TEXAB COUNTY OF NUECES BEFORE ME, TI,,E ii,iDERslcoco, AUTHORFTYI ON T4tS DAY PERSONALLY APPEARED RUSSELL E. WCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ,iE TO Ot THE 'ERSON OF!-&CLR WHOSE NAME 15 SUBSCRiBED TO THE FOREGOINS {NSTRU- MEM7 A!4O, ACKNOW-FDGZD TO M=_ TWAT THE SAME, WAS THE ACT OF THE SAID CITY OF CORPUS CHRt$':�, TEXAS, A co'RrIOPATiOil, AND THAT HE EXECUTED THE SAME AS THE ACT 0,1- SUCH CORPORATSON FC;R T'r)C ?:URPOSES AND CONS!DS�RAT:OW THEREIN EXPRESSED, ANQ i,,' THF CAPACITY THEPEiN $TATLD. GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE - DAY ol� 1954, NOTARY PUSLIC IN AND FOR NUECES COUNTY, TEXAS CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING - "DINANCEp 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 INTRODUC£U, 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 i CITY OF COOK IJq CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A, LICHTENSTEIN ELLROY (SING ` P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ('y u' ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH sd 1 W. JAMES BRACE �(pql