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HomeMy WebLinkAbout04098 ORD - 01/26/1955s 9 AC: 1/26/55 k , 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 ". 0 a 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, l q rn ul