HomeMy WebLinkAbout06942 ORD - 06/26/1963IMS:JKH:6-24 -63
AN ORDINANCE
AUTHORIZING AND DIRECTING THE�CIiTY.MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
PURCHASE FROM THE OWNER, HELDENFELS BROTHERS, FOR
A CONSIDERATION OF NOT EXCEEDING $1 250.00, A TRACT
OR PARCEL OF LAND DESCRIBED AS LOT �, OF THE LYLE
SUBDIVISION, BEING A RESUBDIVISION OF LOTS 1 AND 2,
SECTION E, PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT
AS SHOWN BY MAP OR PLAT OF SAID LYLE SUBDIVISION OF
RECORD IN VOLUME 1, PAGE 58 OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS; APPROPRIATING AND REAPPROPRIATING
THE SUM OF $1,303.90 FROM ACTIVITY NO. 3554, CODE 501,
OF WHICH AMOUNT $1,250.00 IS FOR THE PURCHASE OF THE
AFORESAID PARCEL OF LAND, AND $53.90 IS FOR TITLE EXPENSE;
DIRECTING THAT SUCH OTHER THINGS AS ARE NECESSARY TO PRO-
CURE SAID PROPERTY BE DONE AS PROMPTLY AS POSSIBLE, IN-
CLUDING THE EXECUTION OF A REAL ESTATE PURCHASE CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND
DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO PURCHASE FROM
THE OWNER, HELDENFELS BROTHERS, FOR A CONSIDERATION OF NOT EXCEEDING $1,250.00
A TRACT OR PARCEL OF LAND DESCRIBED AS LOT 8, OF THE LYLE SUBDIVISION, BEING
A RESUBDIVISION OF LOTS 1 AND 2, SECTION E, PAISLEYS SUBDIVISION OF THE
HOFFMAN TRACT AS SHOWN BY MAP OR PLAT OF SAID LYLE SUBDIVISION OF RECORD
IN VOLUME 1, PAGE 58 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS.
SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED FROM
ACTLVITY N0. 3554, CODE 501, THE SUM OF $1,303.90, OF WHICH AMOUNT $1,250.00
IS FOR THE PURCHASE OF THE AFORESAID PARCEL OF LAND AND $53.90 IS FOR TITLE
EXPENSE.
SECTION 3. THE CITY MANAGER BE, AND HE IS HEREBY, DIRECTED TO
DO SUCH OTHER THINGS AS ARE NECESSARY TO PROCURE THE SAID PROPERTY AS
PROMPTLY AS POSSIBLE, INCLUDING THE EXECUTION OF A REAL ESTATE PURCHASE
CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 4. THE NECESSITY TO AUTHORIZE THE EXECUTION OF A REAL
ESTATE PURCHASE CONTRACT, AND PROVIDE SUFFICIENT FUNDS FOR THE PURCHASE OF
THE ABOVE DESCRIBED PARCEL OR TRACT OF LAND, AS PROMPTLY AS POSSIBLE CREATES
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63,42,
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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 SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING
DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPEN-
SION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE
DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM AN TER ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED THIS THE y� w
DAY OF 1963•
OR' '
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
Z'
CITY ECRETA
APPROVEP AS TO LE FORM THIS HE
_DAY OF , 1963:
CITY ATTOR Y
.,� - 6_17_63
CONTRACT OF SALE
THE STATE OF TEXAS
COUNTY OF NUECES
THIS CONTRACT MADE AND ENTERED INTO BY AND BETWEEN HELDENFELS
BROTHERS,, A PARTNERSHIP. HEREINAFTER CALLED „SELLER" AND THE CITY OF
CORPUS CHRISTI HEREINAFTER CALLED "PURCHASER "i
SELLEK AGREES TO SCLL AND PURCHASER AGREES TO PURCHASE ALL
THAT CERTAIN PARCEL OR 'TRACT V LAND UEINO SITUATED IN tNE COUNTY OF
NUECES. STATE OF TEXAS, AND DESCRIBED AS FOLLOWS:
ALL OF LOT i, OF THE LYLE SUBDIVISION. BEING A RE-
SUBDIVISION OF LOTS 1 AND 21 SECTION E. PAISLEYS
SUBDIVISION OF THE HOFFMAN TRACT AS SHOWN BY MAP
OR PLAT or SAID LYLE SUBDIVISION OF RCCORO IN
VOLUMC 1, PAGE 58, OF THE MAP RECORDS OF NUECES
COUNTY, TEXAS,
FOR THE TOTAL CO:JS;DERATION DF X10250.00. PAYABLE IN CASH. AND FOR THE
FURTHER CONSIDERATION Oi' PERMITTING THE SELLER TO REMOVE FROM THE SAID
[AND AREA :ARTH MArEPIAL NOW STORED THEREON. WHICH 14ATCRIAL IS ESTIMATED
TO CONSTITUTE APPROXIMATELY 19,500 CUBIC YARDS OF EARTH MATERIAL. SELLER
SHALL BE ENTITLED TO REMOVE SAID MATERIAL AT ANY TIME WITHIN FIVE YEARS
FROM THE DATE OF THIS AGREEMENT. IF SAID MATERIAL OR ANY PART THEREOF
IS NOT REMOVED BY THL EXPIRATION OF FIVE YEARS, THE RIGHT OF THE SELLER
TO REMOVE THE SAME SHALL CEASE. THE PURCHASER SHALL HAVE THE RIGHT TO
SUBSTITUTE OTHER EARTH MATERIAL AT SUCH TIME AS OTHER MATERIAL 13 AVAILABLE
FOR ACCEPTANCC AND IS ACCEPTABLE TO THE SELLER. PURCHASER SHALL FURTHER
HAVE THC OPTION TO PURCHASE SAID EARTH MATERIAL OR ANY PART THEREOF
DURING, THE SAID FIVE YEAR PERIOD AT A PURCHASE PRICE Orr 25,A PER CUBIC
YARD.
PURCHASER HAS AGRECO TO DEPOSIT HEREWITH THE CONSIDERATION TO
DE HELD IN L3CRCYW UY THE
TITLC CO :1: -ANT PCIlDJ110 .HL' OC_iVERY OF A PROPERe.Y EXECUTED DEED CONVEYING
SAID 'AlJD 'O THZ Pd' ;C?L.LL >:.
UPON THE CLOSING OF THIS SALES (HE SELLER IS TO FURNISH TO
THE PURCHASER AN CMNCRlS TITLC POLICY ISSUED BY BAID TITLE GUARANTY
COMPANY, SHCL.LNG FEE S1MPIE TITLE IN SUCH PURCHASER BY CONVCYANCE FROM
SELLER TO PURCHASER By GENERAL WARRANTY DEED. THE EXP£11SE OF SAID
TIT:C POLICY SHALL DL BORNE BY PURCHASER.
THIS SALE SHAII. BF. CLOSED ON OR BEFORE THIRTY DAYS MOM THE
DATE HCACOF, UNIESS DCFECT -i ARF FOUND IN THE TITLE, IN WHICH EVENT
A FEASOKADLE LENGTH OF TIME WIIL DE ALLCWED IN WHICH TO CURE SAID
DEFECTS OR PURCHASER I4AY ENFORCE SPECIFIC PERFORILINCC NCREOF.
CURRENT TAXES SHALL BE PRORATED TO DATE OF DELIVERY OF DEED.
POSSESSION OF PROPERTY SHALL BE GIVEN COINCIDENTAL WITH THE
DELIVERY OF DEED.
�,�[L WITNESS THE HANDS OF SAID PARTIES THIS THE DAY OF
JUNE, 1963.
SELLER
PURCHASER
18 June 1963
I CEhTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT
AGREEMENTS OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING
ORDINANCE 13 IN THE TREASURY OF TIME CITY OF CORPUS CHRISTI TO THE CREDIT OF
NO. Code 501 - Activity No. 3554
_ $x,303.90
FUND FROM WHICH IT IS PROPOSED tO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED
FOR ANY OTHER PURPOSE.
I I4 IRECTOR OP INANCC
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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
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 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
� �MA OR
THE CITY OF CORPUS CHRISTI, TEXAS.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
- W. J. ROBERTS
W. H. WALLACE, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R BLACKMON G
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.