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HomeMy WebLinkAbout04124 ORD - 02/02/1955AC:2/1/55 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 K. E. SCHLABACH WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH OWNED BY THE SAID K. E. SCHLABACH IN JIM WELLS COUNTY, TEXAS, FOR AND IN CON- SIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCILOF 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 BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT TO PURCHASE FROM K. E. SCHLABACH WATER PRODUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS OWNED BY THE SAID K. E. SCHLABACH IN JIM WELLS COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. a SECTION 2. THAT THE PUBLICIMPORTANCE 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 PULE 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 a EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTERRULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS c INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 9 DAY OF FEBRUARY, 1955. ATTEST- ?7v4 CITI SECRE AF APPROVED AS 4 CITY ATTORN Y -- Y� MAYOR s THE CITY OF CORPUS CHRISTI, TEXAS FORM: 4 �klz� 2/1/55 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JIM WElt5 > 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 ABANOONED_ ANDNDN- PRODUCTIVE GAS AND/OR OIL WELL WHICH MIGHT BE COMPLETED AS A WATER PRODUCING 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, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS AND AGREEMENTS OF THE PARTIES HERETO, AS HEREINAFTER SET OUT, IT 13 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 INGRE33 AND EGRESS IN AND TO THE LANDS OF THE PLAINTIFF, WHICH LANDS ARE MORE SPECIFICALLY DESCRIBED AS FOLLOWS: - ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATED IN JIM WELLS C OUNTY, TEXAS, A PART OF THE JUAN JOSE DE LA GARZA i MONT£MAVOR GRANT, AND OUT OF THE JOHN L. WADE TRACT, AND BY METES AND BOUNDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE SET ON THE SOUTH BANK OF THE NUECES RIVER ` ABOUT 40 FEET FROM THE WATER, THE NORTHEAST CORNER OF F. EMMERT'S 501 ACRE TRACT; THENCE S. 9 1/2 W. 43 VS. TO A STAKE FROM WHICH A LIVE OAK 16" IN DIAMETER BEARS S. 77 W. 4 1/3 VS. AND A LIVE OAK 4 1/2 FEET IN DIAMETER BEARS N. 45 E. 12 -610 VS; THENCE COUNTING FROM THE STAKE ON THE BLUFF S. 9 1/2 W. STRIKING THE FENCE AND CONTINUING WITH THE LINE OF THE FENCE 1839 VS. TO CHANGE OF COURSE OF FENCE AT THE GATE; r THENCE S. 26 E. 7 3/4 VS. TO THE SOUTH GATE POST; THENCE S. 9 1/2 W. 138 VS.'To F. EMMERT'S S. E. CORNER ON THE 40 FOOT ROAD; THENCE WITH THE NORTH BOUNDARY OF SAID ROAD 80 1/2 VS. E. 557 -3/10 VS. TO A STAKE IN THE PRAIRIE FOR THE SOUTHEAST CORNER OF SAID TRACT; THENCE No. 9 1/2 E. 2020 VS.;TO THE SOUTH BANK OF THE RIVER AT THE EDGE OF THE WATER, A STAKE 18 SET 36 VS. S. 9 1/2 FROM THE WATER, FROM WHICH A FORKED WILLOW 30° IN DIANYER BEARS N. 30 W. 10 -8/10 VS. AND A NUISACHE 6" IN DIAMETER DEARS S. 66 W. 4 1/2 Vs; THENCE UP THE RIVER WITH ITS MEANDERS TO THE PLACE OF BEGINNING. CONTAINING TWO HUNDRED (200) ACRES OF LAND. 2. IN THE EVENT IT IS DETERMINED BY THE CITY THAT IT IS FCASIBLE TO COMPLETE SAID EXISTING WELL, IF ANY BE ON SAID LAND OR TO DRILL A NEW WELL 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 AND DESIGN AS MAY BE SELECTED . + BY TIE CITY AND EQUIP THE SAID WELL FOR PRODUCTIONS ALL AT THE CITY'S SOLE COST, Y 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 COHPLETED 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 FOLLOWING RATES: (1) ONE AND ONE -HALF CENTS (1 1/20) PER ONE THOUSAND GALLONS FROM ANY WELL OR WELLS PUT INTO PRODUCTION BY CONVERTING AN EXISTING OIL AND /OR GAS WELL. (2) ONE CENT (10) PER ONE THOUSAND GALLONS FROM ANY WELL DRILLED AND PRODUCED BY LESSEE. PAYMENTS 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 OR WELL AND ON THE BASIS OF THE INFORMATION PROCURED FROM SUCH ORIFICE AND/OR WEIR AND COMPUTATION PURSUANT THERETO CUSTOMAR- ILY EMPLOYED IN THE MEASUREMENT OF THE FLOW OF WATER AND THE AMOUNT OF WATER PRODUCED FROM SAID WELL OR WELLS SHALL BE WERMINEDl COMPUTED AND PAID FOR BY THE CITY. 5. 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 RIGHTTO DAMAGE ANY GROWING CROPS OF THE OWNER, UPON THE LAND OF THE OWNER, AND UPON THE TERMINATION OF THIS AGREEMENT TO REHOVE AT THE WILL OF THE CITY THE PIPES AND ANY AND ALL OTHER EQUIPMENT$ INSTALLATIONS TOOLS OR MACHINERY INSTALLED OR USED THEREON. E1. THE CITY SHALL HAVE'THE OPTION OF COMMENCING OPERATIONS OR OF TERMINATING OR ABANDONING THIS AGREEMENT AT ANY TIME DURING THE TERN ff THIS LEASE OR ANY EXTENSION THEREOF. IN THE EVENT THE SITE OF ANY WELL DRILLED HEREUNDER IS ACQUIRED AS A PART OF A WATER RESERVOIR SITE, GRANTOR SHALL NOT BE ENTITLED TO ANY PAYMENT OR VALUATION FOR ANY WELL OR RESOLUTION MADE BY THE GRANTEE. 7. IN THE EVENT ANY DISAGREEMENT MAY ARISE AS TO THE COMPUTATIONS OF FLOW OR PRODUCTION OF WATER FROM ANY WELL OR WELLS COVERED BY THIS AGREEBENTp ` AND UPON REQUEST OF THE OWNER, THE CITY SHALL WITH THE OWNER, ORRIS REPRESENTATIVE, CONVICT 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 THE CITY 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. SUB- SEQUENT CHECKS MAY BE HAD AT REASONABLE INTERVALS BY THE OWNER UPON TEN (10) DAYS REQUEST TO THE CITY. H. 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, PIPESS INSTALLATIONS, TOOLS OR MACHINERY IN- STALLED OR USED THEREON, WHICH THE CITY WOULD OTHERWISE HAVE THE RIGHT TO REMOVE UNDER SECTION 5 ABOVE AT THE PRICE FIXED BY THE CITY AT THE TIME OF TERMINATION. 9. THIS LEASE IS SUBJECT AND SUBORDINATE TO THE TERMS OF ANY EXISTING OR FUTURE OIL, GAS OR MINERAL LEASE CONCERNING SAID LANDS OR ANY PART-THEREOF. -3- a WITNESS OUR HANDS, THIS THE DAY OF 1955. K. E. SCHLABACH THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER THE STATE OF TEXAS COUNTY OF SIM WELLS BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED K. E. SCHLABACH, KNOWN TO M£ TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THC SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIs THE DAY OF t 1955• NOTARY PUBLIC IN AND FOR U;M WELLS, COUNTY. THE STATE OF TEXAS COUNTY OF NIECES 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 SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of FEBRUARY, 1955- NOTARY PUBLIC IN AND FOR NIECES COUNTY, TEXAS n° r COR SS .CHRISTI, TEXAS 1955 TO THE MEMBERS OF THE CITY COUNCIL JO CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING - OROINANCE, 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; 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, - MAYOff CITY OF CORPUS CHRISTI, TE AS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY , ELLROY KING /7 JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES P. C. CALLAWAY_ ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR, e D �Fi ay