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HomeMy WebLinkAbout07445 ORD - 12/30/1964B,Iw:12/28/64- ' AN ORDINANCE `APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUNDS CURRENTLY BUDGETED IN -THE ARTS AND SCIENCE CENTER, ACTIVITY NO. 4181, CODE 502, THE SUM OF $48,200.00 OF WHICH $147,823.00 IS FOR REAL PROPERTY AND $377.00 IS-FOR COURT COSTS, TITLE EX- PENSE AND RELATED COSTS THERETO; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF THE HEREIN- AFTER DESCRIBED PROPERTY, DESIGNATED AS GUNDERLAND PROPERTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF ND. 102 GENERAL FUNDS CURRENTLY BUDGETED IN THE ARTS AND SCIENCE CENTER, ACTIVITY N0. 4181, CODE 502, THE SUM OF $48,200.00, OF WHICH $47,823.00 IS FOR REAL PROPERTY AND $377.00 IS FOR COURT COSTS, TITLE EXPENSE AND RELATED COSTS ALL IN CONNECTION WITH THE ACQUISITION OF THE HEREINAFTER DESCRIBED PROPERTY, DESIGNATED AS GUNDERLAND PROPERTIES: PARCEL N0. 2 LOT TWO (2 ), BLOCK ONE HUNDRED FOUR (104), BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS. PARCEL NO. 7 FRACTIONAL LOTS NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12), BLOCK ONE HUNDRED FOUR (104), BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS. PARCEL NO. 8 LOT SEVEN (7), BLOCK NLNETY -FOUR (94), BEACH PORTION / AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS SECTION 2. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF THE ABOVE DESCRIBED PROPERTY. - `r 7445 4 SECTION 3. THE NECESSITY TO APPROPRIATE THE NECESSARY FUNDS AND TO AUTHORIZE ACQUISITION OF THE ABOVE DESCRIBED PROPERTY IN ORDER THAT THE ARTS AND SCIENCE CENTER PROJECT MAY BE CONTINUED WITHOUT DELAY 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 SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE efc DAY OF DECEMBER, 1964. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS 1 ? C I TY SECRET RY a EAPPRO D AS TO LEGAL FORM THI DAY OF DECEMBER, 1964: CITY ATTORN,Y U ` F Form 14 REAL, ESTATE SALES.CONTRACT THE STATE OF TEXAS COUNTY OF NUECES Q J This memorandum of agreement made and entered into by and between GUNDERLAND MARINE AND INDUSTRIAL SUPPLY COMPANY, INC. AND KENNETH GUNDERLAND, ' hereinafter called Sellers, of the County of NUECES , State of Texas, and the City of Corpus Christi, hereinafter called Buyer,'of the County of 'Nueces, State of Texas, W I T N E S S E T H 1. The Sellers, for the consideration and upon the terms hereinafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated'in Nueces °County, Texas, to -wit: PARCEL NO. 8 LOT SEVEN (7), BLOCK NINETY -FOUR (94), BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, " NUECES COUNTY, TEXAS; AND PARCEL NO. 2 LOT TWO (2), BLOCK ONE HUNDRED FOUR (104), BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND r PARCEL NO. 7 FRACTIONAL LOTS NINE (9), TEN (10), , ELEVEN (11) AND TWELVE (12), BLOCK ONE HUNDRED FOUR (104), BEACH ` • PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS. PERSONAL PROPERTY: ONE (1) RADIO ANTENNA AT 2110 N. WATER ON LOT 1, BLOCK 104, BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; ALL CHAIN LINK FENCING ON PROPERTY DESCRIBED AS PARCELS No. 8, No. 2 AND No- 7.ABOVE. PW 2 - Form 14a , 2. The purchase price is FORTY+SEVEN THDUSAND EIGHT HUNDRED TWENTY -THREE DOLLARS AND FORTY-THREE CENTS ($47,523.43) 3. The Sellers shall provide at the expense of Buyer, a Title Insurance Policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the Buyer against any title defects or adverse claims thereto. Said Title Insurance Policy shall be issued through a reliable Title Insurance Company and shall be delivered to the Buyer on the date of the closing of this deal. 4. Upon the securing of the Title Insurance Policy provided for herein to be prepared by purchaser, Sellers agree to deliver a good and sufficient General Warranty Deed drawn in accordance with the provisions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. 5. All taxes to be paid by Sellers up to and including the year 19 6i. 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 19 611 to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum of $4,782.34 :OWOOM as earnest money hereunder to be applied on the cash payment above set out when deal is closed, at which time the balance of cash consideration shall also be paid. Should the Boyer fail to consumate this contract as herein specified for any reason, except title defects, the Sellers shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific performance hereof. When the executed deed and any other necessary execut- ed papers and the balance of the cash payment are in possession of the Title Insurance Company or Title Guaranty Company said title company will close the deal - 2 - f� r PW 2 - FORM 14c in accordance with its usual and customary procedure. In the event Sellers fail to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein the Buyer may enforce per- formance of this contract by enaction for specific performance thereof. 8. The Buyer agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. sum Dollars is agreed to be paid to Se rs as damages to the ' rovements on the lot, a part of which lot hereby con- tracted to be purchase y buyer and the Sellers agr and hereby obligate themselves to remove all buil ' improvement rom that portion of the lot hereby agreed to be sold and Sel agree to complete such removal at their own expense prior to the e of cloe of this sale and at all events within Ninety (90) days om the date hereof; and fa a of Sellers to complete such mo g within said time shall automatically a prize purchaser to remove a and deduct the cost of such removal from the conside tion he n agreed to be paid. 10. It is understood by all parties hereto that this deal is to be closed through the Title Insurance Company or Title Guaranty Company on or before sixty (60) days from this date. 11. By Sellers execution hereof, Sellers acknowledged that they have read this agreement and they acknowledged that they understand that this agreement is not binding on Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It is further understood however, that Buyer must execute this agreement within 30 days from the date of Sellers execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 12. AS FURTHER CONSIDERATION THE CITY AGREES (A) TO DISMISS ALL CONDEMNATION MATTERSFnTAINING TO ABOVE PROPERTY. (B) CITY AGREES THAT SELLER RETAIN POSSESSION OF DESCRIBED PROPERTY AT NO RENT FOR A PERIOD OF AT LEAST EIGHTEEN (18) MONTHS AFTER WHICH TIME THE CITY MAY OBTAIN POSSESSION AFTER GIVING 120 DAYS WRITTEN NOTICE. -3- (C) SELLER RETAINS ALL IMPROVEMENTS WITH THE EXCEPTION OF THE RADIO ANTENNA LOCATED AT 2110 N. WATER AND THE CHAIN LINK FENCING ON THE ABOVE DESCRIBED PROPERTY. SAID ANTENNA AND FENCING TO BE OBTAINED BY THE CITY WHEN POSSESSION IS GIVEN TO THE CITY. (D) NO FUTURE REAL PROPERTY TAXES WILL DE ASSES3ED BY THE CITY OF CORPUS CHRISTI. (E) INGRESS AND EGRESS TO OBTAIN AND REMOVE ANTENNA AND FENCE IMPROVEMENTS IS GRANTED BUYER. (F) BUYER WILL OBTAIN NECESSARY WRITTEN AGREEMENT WITH LANDOWNER WHERE ANTENNA IS LOCATED IN ORDER TO PERMIT CtjY TO OBTAIN ANTENNA. EXECUTED IN TRIPLICATE, EITHER COPY OF WHICH SHALL CONSTITUTE AN ORIGINAL, ON THIS THE DAY OF , 196 KCNNETH GUNDERLAND GUNDERLAND MARINE & INDUSTRIAL SUPPLY CO., INC. ATTEST: By SECRETARY KENNETH GUNDERLAND, PRESIDENT SELLER CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY HERBERT W. WHITNEY, CITY MANAGER BUYER ITV SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF , 196 CITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES BEFORE 19, The undersigned authority, on this day personally appeared - Herbert W. Whitney, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the Act and Deed of said City. GIM UNDER MY HAND AND SEAL OF OFFICE, This day of 19 Notary Public in and for Nueces County, Texas THE STATE 'OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority„ on this day•personal]y appeared Kenneth Gunderland known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the acme for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of 19-- Notary Public in and for Nueces County, Texas THE STATE OF TEXAS' COUNTY OF NUECES BEFORE ME,,The undersigned authority, on this day personal.]y appeared Kenneth Gunderland, president of Gunderland 14arinaL end Industrial Supgv Company, Incorporated, and Mrs Fred West, Secretary and Treasury of said corporation, both persons known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the some for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and Deed of said corporation. GIVEN under mar hand and seal of office, this day Of No ary Pablic In and for Nueces County, Texas 24 December 1964 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF No. 102 General F=d, Activity No. 4181 $48,200 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. IRECTOR OF FINANCE X CORPUS CHRISTI, TEXAS �% JC DAY OF �, 19 6h 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 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 COUNCILS 1, 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, R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD /.JAMES H. YOUNG f /JACK R. BLACKMON JOSE R. DELEON/ M. P. MALDONADO /W. J. ROBERTS W. H. WALLACE, JR. / THE ABOVE ORDINANCE WAS PASSED BY THe JAMES L. BARNARD JAMES H. YOUNG / JACK R. BLACKMON JOSE R. DELEON ✓ rita M. P. MALDONADO v1 W. J. ROBERTS V / W. H. WALLACE, JR.