HomeMy WebLinkAbout09919 ORD - 09/09/1970'I* VMP:9/4/7D •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE SECOND
AMENDATORY CONTRACT AMENDING CONTRACT FOR OPEN -
SPACE PURPOSES BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS AND THE UNITED STATES OF AMERICA.
WHEREAS, UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED,
THE UNITED STATES OF AMERICA (HEREIN CALLED THE "GOVERNMENT ") HAS TENDERED
TO THE CITY OF CORPUS CHRISTI, TEXAS (HEREIN CALLED THE "PUBLIC BODY ") A
PROPOSED AMENDMENT TO CONTRACT FOR OPEN -SPACE PURPOSES N0, OSC -36 (DL) (G);
AND,
WHEREAS, THE PUBLIC BODY HAS GIVEN DUE CONSIDERATION TO SUCH PRO-
POSED AMENDATORY CONTRACT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THE PENDING PROPOSED AMENDATORY CONTRACT, DESIGNATED
"SECOND AMENDATORY CONTRACT AMENDING CONTRACT FOR GRANT TO ACQUIRE OPEN -SPACE
LAND UNDER.TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED", IS HEREBY
APPROVED IN ALL RESPECTS.
SECTION 2. THE CITY MANAGER OF THIS LOCAL PUBLIC BODY, IN ITS
BEHALF, IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE SAID PROPOSED AMENDATORY
CONTRACT IN THREE COUNTERPARTS, AND THE CITY SECRETARY OF THIS LOCAL PUBLIC
BODY IS HEREBY AUTHORIZED AND DIRECTED TO IMPRESS AND ATTEST THE OFFICIAL
SEAL OF THIS LOCAL PUBLIC BODY ON EACH SUCH COUNTERPART AND TO FORWARD SUCH
COUNTERPARTS AS MAY BE REQUIRED TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, TOGETHER WITH SUCH CERTIFIED COPIES OF THE PROCEEDINGS AND FURTHER
DOCUMENTS RELATIVE TO THE APPROVAL AND EXECUTION OF THE AMENDATORY CONTRACT
AS MAY BE REQUIRED BY THE GOVERNMENT.
SECTION 3. THE SHORTNESS OF TIME WITHIN WHICH TO COMPLY WITH THE
REQUIREMENTS OF THE GOVERNMENT FOR CONTRACTING WITH AND OBTAINING ASSISTANCE
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
9919
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OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND
HAVING REQUESTED THE SUSPENSION OF THE 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 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE (/- AY OF SEPTEMBER, 1970-
ATTEST:
IT SECRETARY / y
A ROVED: U
4k DAY DAY OF SEPT ER, 1970:
TING CITY ATTOR
--1 7THE
/ E C ITY OF CORPUS CHRISTI, TEXAS
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UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECOND AMENDATORY CONTRACT AMENDING CONTRACT FOR GRANT
TO ACQUIRE OPEN SPACE LAND UNDER TITLE VII
OF THE HOUSING ACT OF 1961, AS AMENDED
•
Project No..Tex. OSC- 36(DL)
Contract No. Tex. OSC7-36(DL)(G)
THIS AMENDATORY CONTRACT made and entered into on the date hereinbelow
specified, by and between the City of Corpus Christi, Texas (herein called
the "Public Body ") and the United States of America (herein called the
"Government "), WITNESSETH:
WHEREAS, the parties hereto entered into that certain Contract for Grant
to Acquire Open -Space Land No. Tex. OSC- 36(DL)(G), dated August 9, 1968, as
amended by First Amendatory Contract dated January 22, 1970 (herein called
the "Existing Contract "), and it now appears that the Existing Contract should
be further amended;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein and in the Existing Contract, the parties
hereto do agree as follows:
1. Section 2 of the Existing Contract is amended by deleting the
words "acquisition of fde simple title" and inserting in lieu
thereof the words "acquisition of surface estate only."
2. Section 8 of the Existing Contract is amended by adding a new
Special Condition numbered 4 which reads as follows:
"Notwithstanding any other provision of this Contract, it is
understood and agreed by the parties hereto that upon any sub-
stantial interference with the use of any portion of the land
to be•acquired for use in accordance with Section 2(b) of
this Contract as a result of an existing mineral reservation,
the Public Body will forthwith repay the Government all grant
payments theretofore made in connection with the land which is
affected, or the Public Body will replace the open space land
with land of at least equal fair market value and of as nearly
as feasible equivalent usefulness and location."
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IN WITNESS WHEREOF, the Public Body has caused this Amendatory Contract
to be duly executed in its behalf and its seal to be hereunto affixed and
attested; and, thereafter, the Government has caused the same to be duly
executed in its behalf this day of SEPTEMBER , 1970. '
CITY OF CORPUS CHRISTI, TEXAS
1 City Manager
_R, MARVJN TOWNSEND
(Type or Print Name)
SEAL
ATTEST:
1 City Secretary
i
T. RAT KRING
(Type or Print Name)
APPROVED: UNITED STATES OF AMERICA
i 1970: Secretary of Housing and Urban Devleopment
ACT NG CITY ATTORNEY y
• Assistant Regional Administrator
for Metropolitan Development
Fort Worth Region
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TO THE j'fFMBERS OF TIE; CITY COUNCIL
Corpus Christi, Texas
Corpus Christi, Te' s
day of 19-742-
For the reasons set forth in the emorgcncy 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,
t YOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the'-ollowing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick"Bradley, Jr. _ae�
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. ',Wrangler" Roberts
Ronnie Sizemore