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HomeMy WebLinkAbout05874 ORD - 08/17/1960IMS:.IKH:8 -17 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT FOR THE PURCHASE OF A TRACT OF APPROXIMATELY 17 ACRES OUT OF LOT 5, SECTION E, PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; DIRECTING THAT PAYMENT OF $3,800.00 BE MADE OUT OF THE FUNDS HERETOFORE APPROPRIATED IN THE CURRENT CITY BUDGET FOR THE PURPOSE OF ACQUISITION OF LAND FOR SANITARY LANDFILL; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT FOR THE PURCHASE OF A TRACT OF APPROXIMATELY 17 ACRES OUT OF LOT 81 SECTION E, PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE PAYMENT OF $3,500.00 FOR THE AFORESAID 17 ACRES, MORE OR LESS, SAID PAYMENT TO BE MADE OUT OF THE FUNDS HERETOFORE APPROPRIATED IN THE CURRENT CITY BUDGET FOR THE PURPOSE OF ACQUISITION OF LAND FOR SANITARY LANDFILL. SECTION 3. THE PUBLIC IMPORTANCE OF OBTAINING SAID PROPERTY FOR ABATEMENT OF A PUBLIC NUISANCE HERETOFORE EXISTING IN THE CITY LIMITS OF THE CITY, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, 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 PASSED AND APPROVED, THISJDAY OF 1960. ATTES MAYOR J 1 THE CITY OF US CHRISTI TEXAS CITY SECRET RY APPROVED AS TO LE FORM THIS THE DAY 1960. 58171 c CITY ATTORNEY VTY THE AND TRUST COMPANY PHONE t 1101 CORPUS '• 'XAS 711E STATE OF TEXAS jj REAL ESTATE SALES CONTRACT (, (Providing for Title Insurance) COUNTY OF NUECES 1( This memorandum of agreement made and entered into by and between H. 0. TURNER, hereinafter called Seller, of the County of Bexar , State of Texas, anti City of Corpus Christi, hereinafter called Purchaser, of the County of Nueces , State of Texas, WITNESSETH: 1. The Seller, for the consideration and upon the terms hereinafter set out, hereby agrees to sell and convey unto Purchaser, and Purchaser agrees to buy, the following described property situated in Nueces County, Texas, to -wit: A tract of land containing 17.04 acres out of Lot 8, Section E, Paisley's Subdivision of the iioffmm Tract in said County and State, described by metes and bounds in that certain deed from L. E. Neal to H. 0. Turner dated February 19, 1960, recorded in Volume 889, pages 393 -395, Deed Records of Nueces County, Texas. 2. The purchase price is ' " Three Thousand Eight HunGreu & N011W " - Dollars, which the Purchaser agrees to pay Seller, as follows: aaa %;aaaa vas a.awaa ub Dollars, cash to be paid when deed to said land is executed and delivered to Purchaser, as hereinafter set out, and the balance of said con- sideration to be evidenced as follows: (a) Indebtedness to be assumed: None (b) Notes to be executed: None 3. Seller agrees [ furnish Purchaser policy of title i n « to be ' s , d by ,, G -- -_•y Title soml -' ComPad "i'�a , In the u I den ao f form, which Pohcy� hall be s uerl ed� elc upon bu timing of this deal, a d filing of Purchver' deed ! e td. P ndi C Irving of deal, the opon on f W ea mine a[ tys (r h C.uaaaary T 1 awl -Swss[ ComPa,ry howmg title to [d property Sood i th S<II d rh C Pony's greemen[ i sue said polity upon .elosmss f deal d fit ng of deed, hall be deemed fft is. for Irving d deal shall be dosed thereon, and poI ry aherrafac rssued -n accordance herewith. Th opimon of the.era g ys for Trtle age T st Geompany on laid title shall be deemed conclusive as m the ..,us theref. xpense or same to die borne �y�urehaser as 4. In case any objections m title re raised in said opinion• then the seller hall have a reasonable nme i which to cure said objection and show good title, and secure the final approval f aid ride by said Guaranty Tide and Trust Camp ny's attorneys. In the event of failure o m cure such defects, hen ,he lamest Dory he, imafree eoeipted for shall be returned m Purchaser upon the cancellation and return of his contract, •or Purchaser may enforce specdio, performance hereof. 3. Seller greys upon approval of said title for insurance by acid Gaao.y, Title ated- 11 Come iri"I a ceneoy, and agreement to time [i le polity above Purehaiero ded vPurctilvvd d mfhereur general eke nhey dehd drawn in c dann lab the Provisions f thu toe[. P oPer1Y conveYinB said Property, to laid n agree, t pon to m cos paymm[ and' execute the no[ctsl and deed of [rust herein provided for. R All taxes on include the yeac hall be d by Seller, tare, for the , rrir year, ,hall be as ®time y Pwcc aser or 7. Purchaser has this day deposited with the Guarmal, Tide atad.Fteat Company the sum of NoIILii Dollars a ar eat money ~hereunder n be applied on the cash payment above set out when deal is closed, at which time he balance of cash n id shall also be paid. Should 'he urchaser fad to on this c ntt herem ppeeshed for any reason, eattpt rt1. defects, Seller hall be con tti sh deprmu as hgau[da[ed damages for [he bench of athrs c tr «, or he may t shu civil.n, a force spenlic per• formance hereof. Should he lee, so cc spiv said car -on, s bnmdated damage; he shall fus[ pay h <refrom a recta. ble !ee d tide m ploy for in issued. iFrscunv the1remhe derithenphall ex d, inommuno due [he vreat than would have been owing t the fcl, company had how veal 50%a close 129 rema12 a.. pay my c e age.[ any) making this sale, n e red, such B. Purchaser agrees m accept title Subject to all restrictive covemni end use limitations, if any, of record, and all City Zomng and regulatory ordinances, if any, aPDlir able to said property. 9• Thos deal shall be closed on or before [he day of 193__ and possession is to be given EXECUTED e IN triplicate. either copy of which shall constitut an original, on this the day of ISK". lm pt SY _y g T�yys�ry� Os1y�, �yoJ,co o I%i'n 9,t ""'Cat Purchaser 'F1Sd A?an rust m y ereby ac owledges, receipt of for the earnest money set out to Paragraph 7 of the above agreement. and agrees to execute this trust for both parties thereto. but without liability for interest thereon, or for the performance or non- performance by any party to said agreement. 5 nz&0 Y GVAi» r ANY Dated 11. There is expressly reserved to the Shcler and the other owners thereof, and there are excepted from the property to be conveyed, all of the minerals in and under, and that may be produced from said pro- perty and all mineral rights in and to said property, it not being in- tended that any minerals or mineral rights present or prospective in or to the said land shall pass to the Purchaser. The conveyance is fur- ther subject to any and all easement and right -of -way grants of record and the terms and conditions and stipulations of the Sanitary Land Fill Agreement from L. E. Neal to City of Corpus Christi dated 2/16/60, re- corded in Volume 883, Pages 350 -352 of the Deed Records of Nueces County, Texas. n CORPUS CHRISTI, TEXAS -aDAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYO THE CITY ORPUS C STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRDY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GAGE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY _ ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. t