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HomeMy WebLinkAbout04611 ORD - 08/15/1956AP :8/6/56 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A DIV GSION ORDER FOR THE A. W. GREGG -CITY OF CORPUS CHRISTI "P" LEASE ON THE SIXTY -FIVE o ACRES OUT OF IHE JUAN, MIGUEL, PEDRO AND NEPAMUCENO DELGADO GRANT, ABSTRACT NO. I+, A COPY OF WHICH DIVISION ORDER IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN E� IERGEHCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE 15, HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A DIVISION ORDER FOR THE A. W. GREGG -CITY OF CORPUS CHRISTI "P" LEASE ON THE SIXTY -FIVE (65) ACRES OUT OF THE JUAN, MfGUEL, PEDRO AND NEPAMUCENO DELGADO GRANT, ABSTRACT t,lo. 41 ;IAN PATRICIO COUNTY, TEXAS, A COPY OF WHICH DIVIS9 =0N; ORDER IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTING THE DIVISION ORDER DESCRIBED IN SECTION i HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY 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 REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXISTS, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF 1956. ATT MAYOR % THE CITY OF CORPUS CHRISTI, TEXAS CITY SECR TARY - J APPROVED AS TO LEGAL FORM AUGUST 6, 1956: J CITY ATTORN • i ORM a2— set+reov A _­m • SOUTHERN MINERALS CORPORATION DIVISION ORDER TO THE SOUTHERN MINERALS CORPORATION Date June 18 19 56 CORPUS CHRISTI. TEXAS The undersigned certify and guarantee that hey are the legal owners of and hereby warrant the title to their respective interests as set out below in all oil produced from wells C ii -- P operated by /� � � � r B� on the farm of rj,t3r of rojzpis Christi Salt Patricio County, in the State of Texas , described as follows: Sixty- five (65) abresy more or l6as9 out o£ the Juana Miguel, 'Pedro 'arid Nepa- muceno Delgado Grant; Abstract no, 4. 'being` the sam6 traet'of'laiid described.'br p af� d- :bounds ifli. '' deetl•t?,,th8»C ty of :Corpus,iGktixs i9 .elated August;lti9 1934, recgr4od ?q7:. 1059 paggp �5301Qt9,Deod Records of San Patricio County, Texas. Until further written notice is received by you from the undersigned you are authorized to receive oil therefrom, giving credit as directed below, effective 7:00 A.M. 11th day of March 19 511 C R E D I T ntaffitoN INTEREST Or P. O. ADDRESS A. W. Gregg" 27%32 WI (-84375) City of Corpus Chrietis Texas 1/32 OR (,03125) City, of Corpus Christi, Texas 1/8 RI (.12500) The following covenants .also are parts of this division order, and shall he binding on the undersigned, their successors, heirs and assigns. 1. Receipts of oil hereunder shall be by Southern Pipe Line Corporation and/or any other pipe line or other carrier authorized by you and shall, ee evidenced by its run tickets, be valid delivery by the undersigned for your account, and such pipe line company and/or my other pipe line or other carrier so authorized in your place and stead may determine the quality •quantity and net � of oil received in accordance with the customary pipe line rules and regulations,- including adjustments and de- ductions, provided for by the rules and regulations of the state and/or federal agency having authority to make them; and oil shall be steamed and treated when necessary to make it marketable. 2. Abstracts and other evidence of satisfactory title will be furnished you. In the event of failure to furnish such evidence of title, or in event of adverse claim, question, or dispute at any time concerning title, you may hold the proceeds of all oil received and run to the extent of the interest involved in such adverse claim, question or dispute, without interest, until indem. nity satisfactory to you has been furnished. 3. You are not expected to receive oil in definite quantities or for fixed periods or to provide storage on the credit bal- ance plan or otherwise except as and when you shall now or hereafter so agree in writing. Unless you mail or deliver written notice to the contrary, oil run hereunder shall become your property when delivered to such pipe line company and/or other carrier authorized by you, it being agreed, however, that you may at any time discontinue receiving oil hereunder upon mailing or delivering written notice to the undersigned, 4. Each of the undersigned who is an actual operator of said lease and as such is a producer of the oil purchased here- under, hereby represents and warrants for your benefit and that of any pipe line or other carrier designated by you to run or transport said oil, that all oil tendered hereunder has been and shall be produced and handled in compliance with all applicable Federal and State laws, amendments thereto, and rules and regulations established pursuant thereto. 5. If any interest hereunder shall become subdivided to the extent of ten (10) or more owners, you shall bave the right to require the written designation of a common agent to receive payment for the several holders of the subdivided portions thereof, and yqu shell not be required to make payment for the subdivided interest until such designation is furnished. 6.10il which i4 purchased by you hereunder at the time when it is delivered to such pipe line company and/or other carrier euthonzed by you shell be paid for to the owners, their successors or assigns in proportion to their respective interest shown above at the price posted by you for oil of the same gravity, kind and quality in the particular field on the day when such oil is received by such pipe line company and/or other carrier authorized by you, payment to be made by check or draft mailed or delivered on w before the 19th day- of each calendar month for the oil run during the preceding month, provided, however, that you may at your option, hold without interest, and remit semi - annually for the aggregate of six (6) months' accumulation of monthly accruals of amounts less than Two Dollars ($2.00), payment to be made on or before February 19th and August 19th of each year in the manner above provided. 7. You shall not be bound by any sale or assignment of any interest in said wells, or the production thereof, until written notice thereof shall be furnished you, together with an instrument in writing evidencing such sale or assignment; it being under- stood that any vendee or assignee of any interest in said wells, or the production thereof,.shall take subject to the terms hereof. 8- This division order shall become valid and binding on each and every owner above named as soon as signed by him, her or it, regardless of whether or not any of the other above named owners have signed. 9. The holders of terminable and reversionary interests above set out, if any, agree that each will seasonably notify SOUTHERN MINERALS CORPORATION in writing when such obligations have beam paid and the date the reversionary interest shall be effective, and each agrees to save and bold harmless SOUTHERN MINERALS CORPORATION from any liability in case of overpayment or underpayment and to indemnify it from any loss, cost or expense occasioned by reason of any such over —or underpayment, All notices relating thereto shall be addressed to SOUTHERN MINERALS CORPORATION, Cor- pus Christi, Texas. 10. SOUTHERN MINERALS CORPORATION is hereby authorized to withhold from the proceeds accruing hereunder to any undersigned the amount of taxes required by law to be deducted and paid by you as purchaser. WITN$MM —. A.W. regg CITY OF Co"US CHRISTI, TEAS BX ATUSTf 1 TV FA—XV fair OVe As To Lim, fil" rims rAy' a* '4M UST, stlsss , 5V ArW;;;W1f CORPUS ISTI, TEXAS 1956 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 SUSPENSION 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; 9, 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. S. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO q(�h