HomeMy WebLinkAbout04126 ORD - 02/02/1955AC: 2/2/55
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT TO PUR-
CHASE FROM HERBERT ESSE WATER PRODUCED FROM SUBTERRANEAN
WATER SANDS THROUGH BELLS SITUATED ON SUCH OWNED BY THE SAID
HERBERT ESSE IN LIVE OAK-COUNTY, TEXAS, FOR AND IN CONSIDERA-
TION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A r
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 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 HERBERT ESSE WATER PRO-
DUCED FROM SUBTERRANEAN WATER SANDS THROUGH WELLS SITUATED ON SUCH LANDS
OWNED BY THE SAID HERBERT ESSE IN LIVE OAK COUNTY, TEXAS, FOR AND IN CON-
SIDERATION OF THE TERMS OF THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF.
SECTION 2. THAT THE 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 e
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 IN-
TRODUCTION AND TAKE EFFECT•AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF FEBRUARY,1955.
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ATT£ MAYOR
THE CITY OF CORPUS CHRIS I, TEXAS
APPROVED Al/10 LEG L FORD
CITY ^A 0•NEY
Ac 12/2/55
THE STATE OF TEXAS
KNOW ALL LIEN BY THESE PRESENTS,
COUNTY OF LIVE OAK
WHEREAS, THE UNDERSIGNED OWNER HAS POSSESSION OF AND OWNS CERTAIN
4 LAND AND PREMISES SITUATED IN LIVE OAK COUNTY, TEXAS, AND UNDER WHICH LAND
THERE EXISTS SUBTERRANEAN WATER SANDS FROM WHICH WATER MIGHT BE PRODUCED
' TIIROUGH�WELLS; AND
WHEREAS, THERE NOW EXISTS ON OR NEAR SAID LAND AN ABANDONED AND MON-
PRODUCTIVE GAS AND /OR OIL WELL WHICH MIGHT BE COMPLETED AS A HATER PRODUCING
WELL; AND
WHEREAS, THE CITY OF CORPUS CHRISTU (HEREINAFTER REFERRED TO AS 11CITY")
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 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 LOCATIONSAS 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 ARE
MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
THE FOLLOWING DESCRIBED LAND IN LIVE OAK COUNTY, TEXAS,
TO-WITS
200.0', ACRES, MORE OR LESS, BEING A PART OF THE JUAN CARROLL
SURVEY, ABSTRACT N0. 4, AND BEING THE SAME LAND DESCRIBED IN `
A DEED FROM CHARLES DOLAN, JR., ET AL, TO HERBERT ESSE, DATED
JULY 25, 1952, AND RECORDED IN VOLUME 147, PAGE 48, OF THE
DEED RECORDS OF LIVE OAK COUNTY, TEXAS, TO WHICH DEED AND
THE RECORD THEREOF REFERENCE IS HEREBY MADE FOR ALL PURPOSES.
2. IN THE EVENT IT IS DETERINED BY THE CITY THAT IT IS FEASIBLE 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 13 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 THE CUTY AND EQUIP THE SAID WELL FOR PRODUCTIONI 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 OFFIVE (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.
T}IE 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 -
FOURTH CENT (1/40) PER ONE THOUSAND GALLONS FROM ANY WELL DRILLED AND PRODUCED BY
LESSEE. PAYMENTS TO BE MADE EACH 14ONTH ON OR BEFORE THE 10TH DAY OF THE CALENDAR
t
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 COMPUZAT10N 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 DETERMINED, COMPUTED AND PAID FOR
BY THE CITY.
5. FOR THE OPERATIONS CONTEMPLATED HEREIN THE CITY SHALL HAVE THE
I
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 AND ANY AND ALL OTHER EQUIPMENT,
INSTALLATIONS, TOOLS OR MACHINERY INSTALLED OR USED THEREON,
6, THE CITY SHALL HAVE THE OPTION OF COMMENCING OPERATIONS OR OF
TERMINATING OR ABANDONING THIS AGREEMENT AT ANY TIME DURING THE TERM OF 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 AGREEMENT,
AND UPON REQUEST OF THE OWNER, THE CITY SHALL WITH THE OWNER, OR 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 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.
S.' 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 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
r TERMINATION.
9. 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 FEBRUARY, 1955,
HERBERT EssE
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
THE STATE OF TEXAS }
COUNTY OF LIVE OAK }
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
HERBERT ESSE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRISEO TO
THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME
FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER NY HAND AND SEAL OF OFFICE, THIS THE DAY OF FEBRUARY, 4955.
NOTARY PUBLIC, UIVE OAK COUNTY, TEXAS
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 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 NaLic, NuecEs COUNTY, TEXAS
ti.
-a -
CORPUS RISTI, TEXAS
'141 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; I, 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.
RESPECTFULLY, `
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
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 VOTE:
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE'
F. P. PETERSON, JIt,
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