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Home My WebLink About04110 ORD - 01/31/1955AC: 1/31/55 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT TO PUR- CHASE FROM FANNIE BLUNTZER NASON, A WIDOW,'WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY THE SAID FANNIE BLUNTZER NASON IN NUEC S COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COU14CIL OF THE CITY OF CORPUS CHRISTI, 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, AUTHOR- IZED AND DIRECTED TO EXECUTE A CONTRACT TO PURCHASE FROM FANNIE BLUNTZER NASON, A WIDOW, WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS;OWNED BY THE SAID FANNIE BLUNTZER NASON IN NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT, A COPY OF WHICH IS 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 LTHE GREATEST 114PORTANCE TO THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PUBLIC, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY, REQUIRING THE PRO14PT 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS SAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE lf1 AY OF 1955- ATTES MAYOR OR THE CITY OF CORPUS CHRISTI TEXAS CITY SCCRETARY 6/7 APPROVED AS TO LEGAL FORM: CITY ATTORNEY � -' �T AC: 1/31/55 THE STATE OF TEXAS 1(NOW.A!! MEN BY THESE PRESENTS: COUNTY OF NUECES 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 WHICH 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 � r 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 OUTS NOW, 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 SHALL 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 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 s ARE MORE SPECIFICALLY" DESCRIBED AS FOLLOWS; FORTY (40) ACRES ALONG THE NUECES RIVER IN THE ' NORTHWEST CORNER OF SHARE C, FANNIE B. NASON, SAJD PROPERTY BEING LOCATED IN NUECES COUNTY, TEXAS 2. IN THE EVENT IT IS DETERMINED BY THE CITY THAT IT IS FEASIBLE TO COMPLETE SAID EXISTING WELL, IF ANY BE ON SAID LAND OR TO DRILL A NEW WLL ON SAID LAND AS A WATER PRODUCING WELL, 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 AND /OR MOTOR OF SUCH TYPE ANDOESIGN AS MAY BE SELECTED BY THE CITY AND EQUIP THE SAID WELL FOR PRODUCTION, 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 THE CITY TO EXTEND SAID PERIOD FOR A FURTHER AND ADDITIONAL PERIOD OF FIVE (5) YEARS. b. 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 FOLLOWING RATES: (1) ONE AND ONE-HALF CENTS (1 1124) PER ONE THOUSAND GALLON3 FROM ANY WELL OR WELLS PUT INTO PRODUCTION BY CONVERTING AN EXISTING OIL AND/OR GAS WELL. (2) ONE CENT (14) PER ONE THOUSAND GALLONS FROM ANY WELL DRILLED AND PRODUCED BY LESSEE. PAYMENTS TO BE MADE EACH MONTH ON OR BEFORE THE IOTHDAY 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 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 PRO- DUCED FROM SAID WELL OR WELLS SHALL BE DETERMINED, COMPUTED AND PAID FOR BY THE CITY. 5- IN DRILLING THIS WELL, IF THE CITY DRIES UP THE SHALLOW SANDS, THE CITY SHALL FURNISH THE GRAVEL COMPANY WATER FOR OPERATION. 6. 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, 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, EXCEPT CASING AS PROVIDED IN PARA- GRAPH 9# AND ANY AND ALL OTHER EQUIPMENT, INSTALLATIONS, TOOLS OR MACHINERY INSTALLED ORUSED THEREONi 7. THE CITY SHALL HAVE THE OPTION OF COMMENCING OPERATIONS OR OF TERMI- NATING OR ABANDONING THIS AGREEMENT AT ANY TIME DURING THETERM OF THIS LEASE OR 1 ANY EXTENSION THEREOF. IN THE EVENT THE SITE OF ANY WELL DRILLED HEREUNDER IS ACQUIRED AS A PART OF A WATER RESERVOIR SITE, GRANTOR SMALL NOT BE ENTITLED TO ANY PAYMENT OR VALUATION FOR ANY WELL OR RESOLUTION MADE BY THE GRANTEE. -p. H. IN THEEVENT ANY DISAGREEMENT MAY ARISE AS TO THE COMPUTATIONS OF FLOW OR PRODUCTION OF WATER FROM AND WELL OR WELLS COVERED BY THIS AGREEMENT, AND UPON REQUEST OF THE,OWNER, THE CITY SHALL WITH THE OWNER, OR HIS REPRE- SENTATIVE, CONDUCT A TEST READING Of THE FLOW OF SAID WELL OR WELLS. IF SUCH READING BE FOUND TO VARY FROM THE DATA USED IN THE COMPUTATIONS BY THECITY AS MUCH AS FIVE PERCENT (5%), THEN SUCH COMPUTATION SHALL BE 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. 9. UPON ANY TERMINATION OF THIS LEASE, THE WELL OR WELLS DRILLED OR OPERATED BY THE CITY SHALL BE LEFT INTACT FROM THE 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 INSTALLED, OR USED THEREON, WHICH THE CITY WOULD OTHERWISE HAVE THE RIGHT TO REMOVE UNDER SECTION 6 ABOVE, AT THE PRICE FIXED BY THE CITY AT THE TIME OF TERMINATION. 10. THIS LEASE IS SUBJECT AND SUBORDINATE TO THE TERMS OF ANY EXISTING OR FUTURE OIL, GAS OR MINERAL LEASE CONCERNING SAID LAND, OR ANY PART THEREOF. WITNESS OUR HANDS, THIS THE DAY OF , 1955- ATTEST: , CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER FANNIE BLUNTZER MASON, A WIDOW THE STATE'OF TEXAS (' COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RUSSELL E. McCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNI- CIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO PIE THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRSTI$- TEXAS, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. 1955 GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , NOTARY PUBLIC IN AND FOR NUECESCOUNTY, TEXAS 9 THE STATE OF TEXAS COUNTY OF NUECES BEFOREME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED FANNIE BLUNTZER NASON, A WIDOW, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1955- NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS. D CORP CHRISTI, TEXAS 1955 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 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 SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; la 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. D RESPECTFULLY, ' MAYOR CITY OF CORPUS CHRISTI, TEXA THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: 4 P. C. CALLAWAY • ELLROY KING .JAMES S. NAISMITH -� W. JAMES BRACE F. P. PETERSON, JR.� J THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: J . P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH G W. JAMES BRACE a ' F. P. PETERSON, JR, �flio