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Home My WebLink About04369 ORD - 10/20/1955AC :10/20/ j AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE- MENT WITH L. 0. FRENCH AND A. YI. GREGG, AGREEING TO A3AN- )ON AS AN OIL OR GAS PRODUCING WELL THE DELL LOCATED ON THE 107215 ACRE TRACT OF LAND OUT OF 'BLOCK 19 OF THE J. C. RUSSELL FARM uLOCKS SITUATE IN NUECES COUNTY, TEAS, SAID AGREEI•IENT JE I PIG IN LIEU OF AN AGREED ,'IEP,'T ,BY AND 3E- -MEEN THE PARTIES AUTHORIZED 3Y ORDINANCE NO. 409 , PASSED AND APPROVED BY THE CITY COUNCIL ON THE 2bTH JAY OF JANUARY, 1955; MAKING SAID CONTRACT A PART HEREOF; AND DECLARING All EMERGENCY. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS : SECT ION 1. THAT THE CITY I' 11AHAGEI;, F011 AND ON BEHALF OF THE CITY OF COP,,PUS CHRISTI, BE AND 11C IS HERETY AUTHORIZED AND DIRECTED TO EXECUTE AN AGt;EEIIEIIT WITH L. D. FRENCH AND A. W. GREGG) AGREEING TO ABANDON AS AN OIL Ott GAS PRODUCING WELL THE WELL LOCATED ON THE 10.21, ACRE TRACT OF LAND OUT OF BLOCK. 15'' OF THE J. C. RUSSELL FARM BLOCKS SITUATED IN NUECES COUNTY, TEXAS, SAID AGREEMENT SEifIG IN LIEU OF All AGREEMENT BY AND BETWEEEN THE PARTIES AUTHOR - IZCD BY ORDINANCE NO. X090, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 26TH DAY OF JAHUAt "'Y, 1955, AND A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AI`ID MADE A PART HE;tEOF. SECTION 2. THE NECESSITY FOi ABANDONING THE ABOVEIATNTIONED WELL CREATES A PUBLIC EMERGENCY AND AN IWiPEP,ATIVE PUBLIC NECESSITY r�,EQUIP.ING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FIIIALLY ON THE DATE OF ITS INT',,ODUCTION AND THAT SUCH ORDINANCE Oft RESOLUTION SHAL -L BE rEAD AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOII, HAVING DECLARED SUCH PUBLIC EMERCENCY AND NECESSITY TO EXIST, HAVING PEQUESTED THE SUSPENSION OF SAID CHAr',TER RULE AND THAT THIS ORDINANCE BE PASSED FILIALLY ON THE DATE OF ITS INTiCDUCTION AND TAKE EFFECT AND DE IN FULL FOi= AND EFFECT F,2ON1 AND AFTEP,, ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, TH15 THF. ;�p DAY OF OCTOOEit, 19)'). ATTE CITY :. E T APPROVED P,S TO LEGAL FORM OCTWER 20, CITY Aj"T()RNEY MAYOI: TIME CITY OF CORPUS CHRISTI, TEXAS q3(�;,q THE STATE CF TMCAS COUNTY OF NUECES This Agreement by and between the City of Corpus Christi, Texas, hereinafter called "City ", L.D. French of Harris County, Texas, hereinafter called "French" and A.W. 0lregg of Harris C>un- ty, Texas, hereinafter called "'Gregg ": W I T N E S S E T H: Whereas, there is no longer any production of oil and gas from the well located -an the following described tracts of land in Nueces County, Texas: 10.243 acres out of Block Nineteen (19) of J. C. RUSSELL FARM MOCKS situated in Nueces County, Texas, bounded on the West by Savage Lane and on the South by the W. Fraser 15 acre tract, and be- ing in two parts, described as follows: TRACT I: Consisting of 5.243 acres, described in Deed rated September 2, 1944, from Guaranty Title and Trust Company and of record in volume 31 page 312, of the Deed Records of Nueces County, Texas; TRACT II: A tract of 5.00 acres acquired by Dead dated my 8, 1948, from the United States Govern- ment to the City of Corpus Christi, and of record in volume 4033, page 135, Deed Records, Nueces County, Texas; and Whereas, it is to the beat interests of all parties to this Agreement to plug said well in accordance with the rules and regulations of the Railroad Commission of the State of Texas; and Whereas, French is willing to undertake the plugging of said well on the terms hereinafter set out, and the other parties hereto are willing for him to do so, now, therefore, it is agreed as follows: (1) French agrees plug said well in accordance with the rules and regulations of the Railroad Commission of the State of Texas and to selvage the personal proper- ty pertaining thereto or used in connection therewith by removing and selling same. (2) In carrying on such plugging and salvage operations, French agrees to comply with all laws, rules and regulations of the Railroad Commission of Texas and all other State and Federal governmental authorities having jurisdiction. (3) City and Gregg agree that French will have complete control of the plugging and salvage operations and collecting the proceeds therefrom and in all matters of judgment in connection therewith the decisions of French shall be final and conclusive. (4) City and Gregg agree that all costs of the plugging and salvage operations shall be paid in full out of the gross pro- ceeds received from the sale of such property. If any ;£ such costs are paid by French, French will be reimbursed fully there- for out of such gross proceeds. (3) "Net proceeds " of the salvaged property shall be con- sidered herein as being the gross proceeds received from the sale of such property less all costs and expenses arising, directly or indirectly, out of the plugging or salvage operations (including reimbursement t°1 French of all costs paid by him). After all of such costs and expenses are paid, 22/32nds of the net proceeds of the salvaged property shall be retained by French and 10 /32nddss of such net proceeds shall be deposited by French in the to the joint account of City and Gregg. (6) All parties hereto agree that none of the provisions herein contained, nor any part of this lgreement, n,�r any of the operations conducted by French in carrying out the provisions of this Agreement shall be considered in the case of A.W. Gregg vs. City of Corpus Christi, Texas, Cause No. 8166, In the District Court �f San Patricio County as an admission by either City or Gregg as t�) the validity of the lease covering said property or as an admission of any kind against interest in said cause, and no provision hereof nor anything done in carrying out the provi- aione hereof shall be admissible in evidence in whole or in part as to any party hereto in any proceeding or court action. (7) This Agreement supercedes, in all respects, a prior -2 -. instrument executed by the City of Corpus Christi, Texas on January 26, 1955, which inadvertently contained certain inac- curacies, and this Agreement contains all of the agreements and understandings between the parties hereto on the subject matter hereof. EXECUTED this day of _ , 1955• CITY OF CORPUS CHRISTI, TEXAS BY ATTR.9T s —city nager City lecreEaFy APPROVED AS TO LEGAL FORMS City AftoFeij -3- L. D. MERCK- CORPUS JR IST TEXAS 1-6 f 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, t�AYO�f THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS ti B. E. BIGLER MANUEL. P. MALDONADO