HomeMy WebLinkAbout04098 ORD - 01/26/1955s 9
AC: 1/26/55
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH
C. W. FRENCH, PARTY OF THE SECOND PART„ AND A. W. GREGG,
PARTY OF THE THIRD PART AGREEING TO ABANDON AS AN OIL OR
GAS PRODUCING WELL THE WELL LOCATED ON THE TWENTY (20)ACRE
TRACT OF.LAND BELONGING TO THE CITY, WHICH LAND IS GENERALLY
REFERRED TO AS THE SAVAGE LANE LAND OF THE CITY; MAKING SAID
CONTRACT 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, FOR AND ON BEHALF OF THE CITY OF
A
CORPUS CHRISTI, IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI, PARTY OF THE FIRST PART, C. W. FRENCH,
PARTY OF THE SECOND PART, AND A. W. GREGG, PARTY OF THE THIRD PART, AGREEING
TO ABANDON AS AN OIL OR GAS PRODUCING WELL THE WELL LOCATED ON THE TWENTY (20)
ACRE TRACT OF LAND BELONGING TO THE CITY, AND DESCRIBED IN A CERTAIN LEASE
DATED JANUARY 31, 1950, WHICH LAND IS GENERALLY REFERRED TO AS THE SAVAGE
LANE LAND OF THE CITY, IN ACCORDANCE WITH THE.: TERMS OF THE AGREEMENT, A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR ABANDONING THE ABOVEMENTIONED WELL
CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY 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 PUBLIC 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 FRO14 AND AFTER ITS ASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED, THIS THE 14DAY OF , 1955•
MAYO
LYHE CITY OF CORPUS CHRI TI, TEXAS
ATTE
CITY SECR TA
AP ROVED AS LEG A1 FO
CITY ATTO NEY
AC: 1/27/55
THE STATE OF TEXAS
COUNTY OF NUECES
IT IS AGREED BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS,
PARTY OF THE Fi RT PART, HEREINAFTER CALLED CITY, C.M. FRENCH, PARTY OF
THE SECOND PARTY, HEREINAFTER CALLED OPERATOR, AND A. W. GREGG, PARTY
` OF THE THIRD PART,HEREINAFTER CALLED PRODUCER, HAVE ENTERED INTO THE
FOLLOWING AGREEMENTI
I
THAT SINCE IT IS PROPER AND NECESSARY THAT THE WELL LOCATED ON
THE TWENTY (20) ACRE TRACT OF LAND BELONGS TO THE CITY, AND DESCRIBED
IN A CERTAIN LEASE DATED JANUARY 311 1950, WHICH LAND IS GENERALLY REFERRED
TO AS THE SAVAGE LANE LAND"OF THE CITY, SHOULD BE ABANDONED AS AN OIL OR
GAS PRODUCING WELL AND SUCH MATERIAL, EXCEPT CASING,AS MAY BE SALVAGED
THEREFROM AND THE HOLE PLUGGED, IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS STATE RAILROAD COMMISSION.
II
THAT C. W. FRENCH# AS THE OPERATOR, WAS THE DUTY AND RESPONSIjILI TY
OF CONDUCTING SUCH SALVAGE OPERATIONS AND PLUGGING SAID HOLE, AND HAS THE
CONSENT OF THE CITY AND PRODUCER TO CONDUCT SAID SALVAGE OPERATIONS AND
TO PLUG SAID HOLE. ALL SUCH OPERATIONS SHALL BE IN ACCORDANCE WITH THE
RULES, REGULATIONS AND REQUIREMENTS OF THE TEXAS RAILROAD COMMISSION.
III
IT /S AGREED THAT THE PROCEEDS FROM THE SALVAGE OPERATIONS SHALL
BE HELD IN AN ESCROW ACCOUNT IN THE CITY NATIONAL BANK OF HOUSTON,
TEXAS, WITHDRAWABLE ONLY UPON THE AGREEMENT OF ALL THREE PARTIES, OR THE
ORDER OF SUCH PARTY AS MAY BE ENTITLED TO THE PROCEEDS UNDER FINAL JUDGMENT
OF THE COURT IN THE PROCEEDING NOW PENDING ENTITLED, "A. W. GREGG VS. CITY
OF CORPUS CHRISTI, TEXAS, CAUSE NO. 8166, IN THE DISTRICT COURT OF SAN
PATRICIO COUNTY, TEXAS ".
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IV
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO THAT NONE OF THE PRO*
VISIONS CONTAINED HEREIN, NOR ANY PART OF THIS AGREEMENT, NOR THE OPERATIONS
CONDUCTED BY THE PARTIES IN CARRYING OUT THE PROVISIONS OF THIS AGREEMENT
SHALL BE CONSIDERED AS AN ADMISSION ON THE PART OF EITHER PARTY AS TO THE
VALIDITY OF THE SAID LEASE BATED JANUARY 311 1950, OR ANY ADMISSION AGAINST
ANY INTEREST IN THE SAID CAUSE MENTIONED ABOVE, AND NO PROVISION-HEREOF NOR
ANYTHING DONE IN CARRYING OUT THE PROVISIONS HEREOF SHALL BE ADMISSIBLE IN
EVIDENCE IN WHOLE OR IN PART AS TO ANY PARTY HERETO IN ANY PROCEEDING OR
COURT ACTION.
WITNESS OUR HANDS, THIS THE DAY OF JANUARY, 1955.
CITY 00 CORPUS CHRISTI, TEXAS,
PARTY OF THE FIRST PART
BY
CITY MANAGER
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY ,
C. W. FRENCH
ARTY OF THE SECONO PART1.1
A. W. GREGG
PARTY OF THE THIRD PART
.P-
CORPUS ISTI, TEXAS
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
r a FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING -
ORDINANCE, 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 SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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.
r'
RESPECTFULLY,
MAYORCITY CORPUS C R1ST1, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMI TH
F W. JAMES BRACE
F. P. PETERSON, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KING '
JAMES S. NAISMITH
W. JAMES BRACE
/ F. P. PETERSON, JR,
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