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HomeMy WebLinkAbout04114 ORD - 01/31/1955AC: 1/31/55 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 LEWIS_ WEIR WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY THE SAID LEWIS WEIR IN NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN HAERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 'I. 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 LEWIS WEIR WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY THE'' SAID LEWIS WEIR 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 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 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS V061SAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE J/ DAY OF 195 _::L • `v • YOR MA ATTES THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETA Y 1 APP VED AS TO LEGAL FORM: DCI Ty ATTORNEY -- oh: MS 5/4/54 STATE 09 TEXAS I KNOW ALL MEN BY THESE PRESENTS: CQFAVI'Y (F SAN PATRDCIO X SEAS. Lewis Weir (hereinafter referred to as •diner ") has Possession of and owns certain lends and premises situated in San Patricia County, Taxes. and under which there nay exist subterranean water sands from which water right be produced through wells; and WiMEAS, the City of Corpus Christi (hereinafter referred to as "City') desires to drill a well on said Omer•s Iands. as a water pro- ducing well (hereinafter referred to as "said well "). and to purchase the production of water therefrom in accordance with the tens, conditions and provisions hereinafter set oat: NOW THEREFORE. in consideration of the premises and the cove- nants and agreements of the parties hereto, as hereinafter set out. it is hereby agreed by and between said Owner and said City as follows. to -wit: 1. For a period of Six (6) months fry the date hereof. City shall have the option to drill sold well. in the manner hereinafter prescribed. at such location as may be selected by City, as a water production well. on the following described lands situated in San Patricia, County. Texas, to -wit: Three Hundred Thirty and 28/100 (330.28) acres of land. Bore or less. being out of the John MORullen original grant. Abst. No. 17. and also being out of the Southwestern part of the James, Jasper and Lewis Nair 977.06 acre tract of land. fully described in the certified field notes of o survey made on the ground by L. R. Eloncrief. Surveyor for the Shell Petrolsun Corporation. SAID survey of 330.28 sores of land, more or less, is situated in Son Patricia, County. Texas. on the left bank of the Nueces River, about 18-3/4 miles S. 710 N. from Slatoa. the county test. and is Moro particularly described - ed by the following rates and bounds. to -wit: BMINNUG at a 3/4 inch iron pipe set in the Western boundary of 343.20 acres Just surveyed for James Wcfr. for the Northeast corner of this survey and the Southeast corner of 303.6 acres Just surveyed for Jasper Weir,: from whence a 12" haokbarry tree. marked X. bears N. 490 W. 101.6 feat and an 18" haakbaxry tree. Marked V. bean N. 890 W. 107 feet. and also from this beginning corner the Northwest corner of said 343.28 acres. to the Northern boundary of said 977.06 acres..boars N. 330 57• M. 2110.7 foot and from the Northwest corner of said 343.28 sores the most Northern corner of said 977.06 acres, bears N. 670 22' E. 2387.1 feet; THME S. 330 57' E. along the Western boundary of said 343.20 acres at 1866.4 feet the Southwest corner of same and the Southeast comer of this survey. on the left loner bank of the Nuaces Sitter, from whence a 12" elm tree. marked V. hears N. IV E. 117 feet; TILT up d river bank with its meanders as follows. S. 860 16' N. 12bsai.8 feet; S. 800 11' M. 436 feet; S. 660 11' N. 400 feet; S. 720 21' N. 313 feet; S. 790 11• N. 246 feet; N. 840 24' N. 426 feet; S. 740 21' N. 246 feet; S. 350 38' N. 363 feet; S. 410 23' N. 20O feet; S. 710 N. 310 feet; S. 540 19' W. 254 feet; S. 70 42' W. SW feet; S. 390 38' W. 273 feet; S. 380 27' E. 383 feet. S. 160 22' E. 310 feet; S. 60 30' N. 260 feet; S. 390 40' N. 403 teat S. 300 14' N.-217 feet; S. 40 421 E. 500 feet; S. 210 %' N. 203 feet; N. 730 37' M. 225 feel; N. 110 02' N. 345 feet, N. 480 40' N. 226 feet. N. OC 40' N. 383 feet; S. 670 30' N. 200 feat; S. 410 W. 280 feet; S. 480 30' N. 316 feet; S. 660 50' N. 221 feet; N. 620 17' N. 211 feet; N. 310 17' N. 405 feet; N. 610 32' N. 366 feat; S. 690 47' N. 300 feet; S. 48d 17' N. 352 test; N. 310 21' N. 196 fast; N. 500 19' E. 374 feaattI No 20 Ito E. N. ,jeatt Pi. 590 31 N. 272 feet] N. a9 1 33 W. 97 feet; N. V 43 W. 507 feet; N. 170 20' No 345 feet; N. We 25' N. 233 feet; N. 430 02' N. 431 feet; N. 20 07' E. 180 feet; N. 690 07' E. 101 feet; S. 610 53' E. 136 feet S. 650 23' E. 329 feet; S. 810 23' E. 243 feet; N. 6r or E. 317 foot to the Southwest corner of said Jasper hair's 303.6 mores tract; THME N. 610 06' E. along the Smith boundary'of said 303.5 noes at 165.6 feet pass through a 24° hackberry tree marked V on its ;Pest side, at 1582.6 foot cross a slough, at 1737.6 feet cross the Nest boundary fence of a field, at 5792.6 feet the PLACE On BIIGIMESB. (as surveyed on the ground on April 7. 1948 by Herbert N. Whalen, Licensed Land Surveyor of Beeville. Bee County. Taxes.) In the event said wall is not drilled and completed witbis said Six (6) months. this agreement and all rights and privileges granted here- in. shall automatically terminate. and be of no further force nor effect. and all rights and privileges granted herein shall thereupon revert to Owner. 2. The rights and privileges herein granted are expressly made sub- ject to any and all valid and existing easements affecting said lands. as shown by the records of the County Clerk of San Patricio County. Texas, to which reference is hereby made.' 3. In the event City elects to exercise the option to drill said wall upon sold lands. the work shall be executed in a good and workmanlike -2- A manner; and said mall shall be drilled to a depth of not less than One hundred Fifty Feet (1509, and water shalt never be produced from said well at any depth of less than One Hundred Fifty Feet (1500). 4. If said well is drilled and completed as herein provided, City shall have the right to produce water from some, subject to the agree- ment herein a$ to purchase of said eater, for a period of five (5) years from the date hereof. If at the expiration of said five (6) years all Obligations. conditions and terms hereof have been properly fulfilled by City, City shall have the option to produce water from said well, under the some price and conditions as contained herein. for a further and additional period of five (5) years; provided. that City shall notify Owner in writing of their desire to exercise said option, prior to the expiration of said five (5) years. City any produce eater from said well in such quantities and at such times as City stay desire; provided, however, that all water produced from said well shall be paid for by City at the rate of'one Cent (1¢) per One Thousand (1.000) gallons. Payment shall he made to Owmer each month on or before the tenth (10) 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 weir , Installed in the discharge line of the 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. the amount of eater produced from said well shall be determined. computed and paid for by City. 6. Within ninety (90) days after the termination of this agree - Rent. City shall have the right to remove all above - ground equipment Including pumps. motors. power lines and other installations, and all below- ground equipment except easing, Upon such termination, however. -3- said well shall become the property of owner. and all casing therein shall belong to and be the property of Owner, and shall be left in place by City. Upon toMin&tion of this agreement and abandonment of said well by City. such abandonment shall be conducted in a good and workmanlike manner so that said well will be left in such condition that Owner can continue to operate and use save. 7. ' City agrees that City will not out or go over any fence or fences of Owner at any time or in connection with any operations on said lands without first obtaining Owner's express consent thereto. If owner consents to the cutting of aFfence, the cut must be and* at the place designated by owner. and City agrees that prior to cutting any fence of owner's, to brace the existing fence adequately on both sides of the proposed cut. so that when the fence is out there will be no slackening of the wires. City agrees to ass existing roads on the promises wherever possible. but in any overt City shall not grade more than one (1) road to said well and shall confine all travel incident to the drill- ing and production of said well to the single graded road. in the event City, in any of its operations on the premises. shall use any Of the existing roads of Owner. City agrees to maintain such roads In good condition and repair during the period of City's operations on the premises. 9. For the Operations contemplated herein. City shall have the rights of ingress and egress over sold lands, and all other lands from public road to well. including sasewwento for pipe lines. power lines and flowage= provided, however, that City shall close all gates and use all reasonable precautions to prevent the escape of cattle or any other I ivestock of Omer from the premises. City agrees at all times to use reasonable care in its operations on the premises of owner to prevent -4- Injury or damage to the cattle. livestock. crops or other property of Owner. and City agrees to pay for all damages to cattle, cropsw grass, fences. and without limitation, all other property of Owner situated on the premises. resulting from City's operations on the premises. When required by Owner. City shall bury all pipe lines below plane depth. - I0. It is expressly agreed and understood that the rights granted herein do not include any rights or privileges of hunting with fire - arms or with dogs or otherwise on said premises. nor of fishing on said premises. all such hunting and fishing rights being expressly re- served to Owner; and City agrees that none of City's officers. agents. servants. employees. or representatives will bring any dogs and /or firearms upon said premises and will not fish thereon. " 11. In the event any disagreement way arise as to the computations of flow or production of water from said well, and upon request of Owner. City shall. with Owner. or with his representative, 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 of City as much as five percent (W then such computation shall be corrected for the preceding month. and such corrected data shall be used for subsequent computations. Subsequent obecks may be had at reasonable intervals by Owner upon ten (10) days request to City. 12. Nothing- herein shall be construed. nor shall the effect here- of be, to effect a dedication to public use of any part, portion or parcel of theepremises heroinabove described. Said lands shall at all times remain the private property of Owner. Any road or roads con- structed on said lands pursuant to this agreement shall be a private road or roads and the property of Owner, and shall not be open'for public use. City, its officers, agents. servants, employees or represents- tives shall have no rights of ingress and egress over said lands of Owner. other than for purposes of this agreeaent. not shall City per- mit the public to enter upon sold lands for any purpose or purposes. MTTNESS OUR HANDS this day of ,1954. Lewis weir ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS BY - City secretary City manager APPROVED AS TO LEGAL FORM: "CITY" City Attorney STATE OF TEXAS x 'COUNTY OF X BEFORE NE, the undersigned authority, on this day personally appeared Lewis flair. known to as to be the person whose name is aub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN IMM HY HAND AND SEAL OF OFFICE This the day of . 1954. Notary Public in and for County. Texas. STATE OF TEXAS X COUNTY OF NUBCES X BEFORE ME. the undersigned authority. on this day personally appeared Russell E. Mcclure. City Manager of the City of Corpus Christi. Texas. known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the some was the act of the said City of Corpus Christi.Texas. a corporation. and that be executed the some as the act of such corporation for the purposes and con- sideration therein expressed. and in the capacity therein stated. GIVEN ONDER MY HAND AND SEAT. OF OFFICE. This the day of . 1954. < Notary Public in and for Nueces County.Texes. CORPUS CHRISTI, TEXAS * 0 95r- TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMAN: 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 ORD NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT,SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS 7F THE CITY COUNCIL; 1, THF_REFORE, 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 CITY OF CORPUS CHRISTI, TE2AS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING V TE: P. C. CALLAWAY G� � ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR.