The State of Texas
Sunday, January 26, 2014 12:00 AM
THE STATE OF TEXAS
TO: The Sheriff or any Constable of Terry County, Texas, and Gaines County, Texas
You are hereby commanded to cause to be published in a newspaper of general circulation regularly and continually published in Terrell County, Texas, and Gaines County, Texas, for a period of not less than one (1) year preceding the publication of the following notice, once each week for three (3) consecutive weeks, the first publication to be at least twenty one (21) consecutive days before the date upon which the Commissioners Court of Terrell County, Texas, will meet to consider bids for the hereinabove mentioned lease, notice in words and figures as follows:
"TO WHOM IT MAY CONCERN":
Notice is hereby given that the Commissioners Court of Terrell County, Texas, will offer for lease and will, in its discretion, lease for oil, gas and other related hydrocarbons and sulphur produced in connection with oil and/or gas to the highest and best bidder submitting a bid thereof, a lease on Terrell County's interest in all or any part of the following described tracts of land situated in Gaines County, Texas, to-wit:
All of League 308, Terrell County School Lands Survey, Gaines County, Texas
The lease must provide for a primary term of not more than three (3) years from the date of execution and approval by Lessor; a royalty of not less than one-quarter (1/4th) of the gross production to be retained by Lessor; that all royalties accruing under the lease shall be without deduction for the cost of production, gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, and otherwise making the oil, gas and other products produced there under ready for sale and use; that provides for bonus consideration for the lease in an amount not less than $300.00 per acre; that the lease provide for an annual delay rental of at least $1.00 per acre; that the lease may not be maintained in force solely by the payment of shut-in royalties; that the lease must provide for reasonable and customary damages to the surface estate, including crops, caused by operations of Lessee on the leased premises and including reasonable and customary compensation in the area of the above described lands for well locations, pipelines and roads; that no potable water suitable for irrigation purposes from the above-described lands shall be used in secondary recovery operations; that one (1) well will not hold more than 320 acres, said 320 acres to be designated by the Lessee according to the rules and regulations of the Railroad Commission of the Texas of Texas, or other ruling governmental agency; contain a proportionate reduction clause; and said lease to otherwise contain terms, covenants, and provisions acceptable to the Commissioners Court of Terrell County, Texas.
Said Commissioners Court will meet in regular session on the 14th day of April, 2014, in the County Courtroom in the Courthouse of Terrell County, Texas, in the town of Sanderson, Texas, at 9:00 o'clock A.M. to receive and consider any and all bids submitted for the leasing of the above-described lands, and in the discretion of such Commissioners Court will award the lease of the above tracts of land to the highest and best bidder submitting a bid thereof; provided that, in judgment of such Commissioners Court the bids submitted do not represent the fair value of such lease, such Commissioners Court in its discretion may reject same and in its sole discretion, give notice and call for additional bids. The Commissioners Court has the sole and absolute discretion to accept or reject any and all bids. The acceptance of such bid is contingent upon a satisfactory lease agreement by and between the Commissioners Court and the successful bidder. If such agreement cannot be reached, the Commissioners Court may negotiate a lease agreement with the second highest and best bidder without the necessity of re-advertising the property for lease.
Each bid is to be mailed or delivered in a sealed envelope marked "BID", to Santiago Flores, County Judge of Terrell County, whose address is P.O. Box 4810, Sanderson, Texas 79848.
Each bidder shall exercise due diligence in determining the acreage which is open unleased; Terrell County expressly makes no warranty of title. Bids will be accepted on all or any part of the lands described herein.
GIVEN UNDER MY HAND AND SEAL of said Court, at office in Sanderson, Texas, this the 20th day of January, 2014.
MARTHA ALLEN, County Clerk, and
Ex-Officio Clerk of the Commissioners
Court of Terrell County, Texas