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Home My WebLink About08806 ORD - 03/20/1968s 3/20/68: s TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER WITH NUECES COUNTY A DEED CONVEYING THE MEMORIAL MEDICAL CENTER PROPERTY TO NUECES COUNTY HOSPITAL DISTRICT, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF, FOR AND IN CONSIDERATION OF THE ASSUMPTION BY THE NUECES COUNTY HOSPITAL DISTRICT OF OUTSTANDING BONDED INDEBTEDNESS,, TOTALING $1,800,3118.69, AS SET FORTH HEREIN PAYABLE DURING THE PERIOD SEPTEMBER 1, 1967 TO OCTOBER 1, 1983; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER WITH NUECES COUNTY A DEED CONVEYING THE MEMORIAL MEDICAL CENTER PROPERTY TO THE NUECES COUNTY HOSPITAL DISTRICT, A COPY OF WHICH DEED IS ATTACHED AND MADE A PART HEREOF, FOR AND IN CONSIDERA- TION OF THE ASSUMPTION BY THE NUECES COUNTY HOSPITAL DISTRICT OF OUTSTANDING BONDED INDEBTEDNESS TOTALING $1,800,348.69, CONSISTING OF OUTSTANDING BOND PRINCIPAL, INTEREST AND PAYING AGENT FEES TO FINAL MATURITY OF BONDS AS SET FORTH IN EXHIBIT 1 ATTACHED HERETO. SECTION 2. THE NECESSITY TO EXECUTE AND DELIVER THE AFORESAID DEED TO THE NUECES COUNTY HOSPITAL DISTRICT AS REQUIRED BY LAW AFTER CREATION OF SAID HOSPITAL DISTRICT BY A VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN A SPECIAL ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON JULY 21, 1967, AND IN ACCORDANCE WITH ARTICLE 91 SECTION 4 OF THE TEXAS CONSTITUTION AND ARTICLE 4494P,VERNON'S ANNOTATED TEXAS STATUTES, 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 INTRO- DUCTION 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MARCH, 1968. ATTE L ' C Y SEC ET Aj Y NlAY0R6'dD•_Bil G APPROVED: MARCH L0 , 1 8: THE CITY OKC-90US CHRISTI, TEXAS L IZA CITY ATTORN Y S / c l�I.�CD • �f • L] DEED THE STATE OF TEXAS I I COUNTY OF NUECES I WHEREAS, the City of Corpus Christi, Texas, and Nueces County, Texas, acting together, have constructed and own, maintain and operate a certain hospital facility in Corpus Christi, Nueces County, Texas, known as Memorial Medical Center, such facility being located on a certain parcel of real estate herein- after described which was acquired on the tenth day of April, 1942, by Warranty Deed from the Baptist Foundation of Texas, such Deed being recorded in Volume 291, page 193, of the Deed Records, Nueces County, Texas, and WHEREAS, for the construction of such hospital, the City of Corpus Christi and Nueces County have caused certain bonds to be issued for hospital purposes, a portion of such bonds being currently outstanding, and WHEREAS, on July 18, 1967, pursuant to an order of the Commissioners Court of Nueces County, Texas, calling an election for the purpose of submitting to the qualified, property tax paying voters of Nueces County, Texas, the proposition of whether or not a hospital district shall be created in Nueces County, with said hospital district to have the same boundaries as Nueces County and to be known as the Nueces County Hospital District, in accordance with Article 9, Section 4 of the Texas Constitution and Chapter 482, Acts 1957, 55th Legislature, Regular Session (codified as Article 4494p, Vernon's Annotated Texas Statutes), an election was held and, on July 21, 1967, pursuant to a canvass of the votes cast at such election, the Commissioners Court of i�ueces County, Texas, declared that such proposition had carried, creating the Nueces County {-Hospital District, and WHEREAS, such Statute above mentioned requires that, upon the creation of such Hospital District, all lands, buildings and equipment that may be jointly or separately owned by such City and County, and by which medical services or hospital care are furnished to the indigent or needy persons of the City and County, shall become the property of the Hospital District, and title thereto shall vest in the Hospital District, and that all outstanding bo;., Indebted- ness incurred by the City or County, either or both of them, in the acq::sition of LANDS, BUILDINGS AND EQUIPMENT FOR SUCH HOSPITAL SYSTEM, OR IN THE CONSTRUC- TION AND EQUIPPING OF SUCH HOSPITAL FACILITIES, TOGETHER WITH ANY OTHER OUT- STANDING BONDS ISSUED BY EITHER OF THEM FOR HOSPITAL PURPOSES, AND THE PROCEEDS OF WHICH ARE IN WHOLE OR IN PART STILL UNSPENT, SHALL BE ASSUMED BY THE HOSPITAL DISTRICT AND BECOME THE OBLIGATION OF THE HOSPITAL DISTRICT, AND THE CITY OR COUNTY, EITHER OR BOTH OF THEM, THAT ISSUED SUCH BONDS, SHALL BE BY THE HOSPITAL DISTRICT RELIEVED OF ANY FURHTER LIABILITY FOR THE PAYMENT THEREOF, OR FOR PROVIDING INTEREST AND SINKING FUND REQUIREMENTS THEREON NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, PURSUANT TO ORDINANCE NO. , PASSED AND ENACTED BY THE CITY COUNCIL OF SUCH CITY ON THE DAY OF , i968, AND NUECES COUNTY, TEXAS, ACTING HEREIN BY AND THROUGH ITS COUNTY NUDGE, PURSUANT TO A RESOLUTION OF ITS C014MISSIONERS COURT PASSED ON THE DAY OF t96 , FOR AND IN CONSIDERATION OF THE ASSUMPTION AND AGREEMENT TO PAY BY THE NUECES COUNTY HOSPITAL DISTRICT OF ALL OUTSTANDING BONDED INDEBTEDNESS INCURRED BY THE CITY OF CORPUS CHRISTI AND NUECES COUNTY, TEXAS OF BONDS HERETOFORE ISSUED FOR HOSPITAL PURPOSES BY SUCH CITY AND , COUNTY, AND PURSUANT TO THE PROVISIONS OF ARTICLE 4494P, IN THE AMOUNT OF $1,NWO,348.69. HAVE GRANTED, SOLD AND CONVEYED AND BY THESE PRESENTS Do GRANT, SELL AND CONVEY UNTO SAID NUECES COUNTY HOSPITAL DISTRICT OF THE COUNTY OF NUECES, STATE OF TEXAS, ALL OF THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, BEING ALL OF THAT 18.45 ACRES OF LAND OUT OF THE NORTH PART OF SHARE NINE (9) OF THE TYRE MUSSETT 4OO -ACRE TRACT SITUATED ABOUT TWO MILES SOUTH, 4O° WEST FROM THE COUNTY COURT- HOUSE OF NUECES COUNTY, TEXAS, METED AND BOUNDED AS FOLLOWS: BEGINNING AT AN IRON BAR IN AN OLD CEDAR POST, THE NORTHWEST CORNER OF SHARE NINE (9) AND COMMON CORNER OF SHARES THREE, FOUR AND EIGHT (3, 4 AND 8) OF THE TYRE MUSSETT 4OO -ACRE TRACT, FOR THE NORTHWEST CORNER OF THIS SURVEY, -2- THENCE N. 88 006'50" E., with the north boundary line of said Share Nine (9) and south boundary line of said Share Eight (8), 1688.33 feet to an iron bar in the west boundary line ofNine- teenth Street for the northeast comer of this survey, whence the northeast comer of said Share Nine (9) bears N. 88 °06'50" E. 30.00 feet, THENCE S. 2 000'00" E., along the west boundary line of said Nineteenth Street, parallel with and 30.00 feet westerly, measured at right angles, from the east boundary line of said Share Nine (9) and of said Tyre Mussett 400 -acre tract, 475.36 feet to an iron bar for the southeast comer of this survey, THENCE S. 88 006'00" W., across said Share Nine (9), parallel with and 400.00 feet northerly, measured at right angles, from the south boundary line of said Share Nine (9) and of said Tyre Mussett 400 -acre tract, said south boundary line being also the center line of Morgan Avenue, 1691.05 feet to an iron bar in the west boundary line of said Share Nine (9) and east boundary line of said Share Four (4) of the Tyre Mussett 400 -acre tract for the southwest comer of this survey, THENCE N. 1 040'20" W., with the west boundary line of said Share Four (4), 475.78 feet to the place of beginning, containing an area of 18.45 acres. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, and including all improvements, furniture, fixtures and equipment located thereon, unto the said Nueces County Hospital District, its successors and assigns forever; and the undersigned does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the said premises unto the Nueces County Hospital District, it successor and assigns against every person whomso- ever lawfully claiming or to claim the same, or any part thereof. This conveyance is subject to existing easements, rights -of -way, restrictive covenants and use limitations evidenced by any instrument of record. All oil, gas and other minerals are excepted herefrom, and reserved to Grantors herein, their successors and assigns. IN WITNESS WHEREOF, the City of Corpus Christi, Texas, has caused these presents to be signed by its City Manager, thereunto duly authorized, -3- AND NUECES COUNTY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS COUNTY JUDGE, THEREUNTO DULY AUTHORIZED, THIS DAY OF , 1968. ATTEST: COUNTY CLERK NOAH KENNEDY, JR., COUNTY JUDGE, NUECES COUNTY, TEXAS ATTEST: ITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER, CITY OF CORPUS CHRISTI, TEXAS APPROVED: MARCH , 1968: COUNTY ATTORNEY CITY ATTORNEY THE STATE OF TEXAS I COUNTY OF NUECES 1 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED NOAH KENNEDY, JR., KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AS COUNTY JUDGE OF NUECES COUNTY, TEXAS, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF MARCH, 1968. NOTARY PUBLIC, NUECES COUNTY, TEXAS THE STATE OF TEXAS I COUNTY OF NUECES j BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AS CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SANE FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED. M. .2 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF MARCH, NOTARY PUBLIC, NUECES COUNTY, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • CORPUS CHRISTI, TEXAS .2- 7-LAIDAY OF FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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) REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR Pr@.� THE CITY C PUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZAN02 SR. (� KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON almL RONNIE SIZEMORE " _Q _ V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. 0.4 o GABE LOZANO, SR. cu KEN MCDANIEL �V W. J. "WRANGLER" ROBERTS gAel