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Home My WebLink About10190 ORD - 03/24/1971VMP:3 /17/711 AN ORDINANCE • AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED FROM THE TEJAS CONSTRUCTION CORP. FOR THE CONVEYANCE TO THE CITY OF CORPUS CHRISTI. OF LOTS 15 2, AND 3, BLOCK 1, MARTINE SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH OTHER INSTRUMENTS AS ARE NECESSARY TO ACQUIRE THE AFORESAID PARCELS OR TRACTS OF LAND, ALL AS MORE FULLY SET FORTH IN THE DEED AND NOTE, COPIES OF WHICH, MARKED EXHIBITS "A" AND "B ", ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. i 'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A DEED FROM THE TEJAS CONSTRUCTION CORP. FOR THE CONVEYANCE TO THE CITY OF LOTS 1, 2-AND 3, BLOCK 1, MARTINE SUBDIVISION, AND ALL IMPROVEMENTS THEREON, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE SUCH OTHER INSTRUMENTS AS ARE NECESSARY TO ` ACQUIRE THE AFORESAID PARCELS OR TRACTS OF LAND, ALL AS MORE FULLY SET FORTH IN THE DEED AND NOTE, COPIES OF WHICH, MARKED EXHIBITS "A" AND "B ", ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ACCEPT THE CONVEYANCE OF THE AFORESAID PARCELS OR TRACTS FOR SWIMMING POOL AND RECREATIONAL PURPOSES IN ORDER TO PROVIDE ADDITIONAL RECREATIONAL FACILITIES FOR THE RESIDENTS OF THE CITY OF CORPUS CHRISTI 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 ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, 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_,gkDAY OF MARCH, 1971. ATTEST • -.... c- CI Y SECRETARY AY THE CITY OF CORPUS CHRISTI, TEXAS AP PR VED: ,�. DAY OF CH, 971: l C Y ATTORNEY ioA 90 RB:13Jw:3 /15/71 • DEED THE STATE OF TEXAS [ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT TEJAS CONSTRUCTION CORP., A TEXAS CORPORATION, HEREINAFTER CALLED "GRANTOR", FOR AND IN CONSIDERATION OF THE SUM OF FIVE THOUSAND AND NO/100 DOLLARS ($5,000), CASH TO IT IN HAND PAID BY THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND HOME RULE CITY, HEREINAFTER REFERRED TO AS "CITY", THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, AND THE FURTHER SUM OF TWENTY THOUSAND AND NOIIOO DOLLARS ($20,000), SECURED AND TO BE PAID AND EVIDENCED BY THE CITY'S PROMISSORY VENDOR'S LIEN NOTE, OF EVEN DATE HERE- WITH, WHICH NOTE IS FURTHER DESCRIBED AS FOLLOWS: ONE PROMISSORY NOTE IN THE PRINCIPAL AMOUNT OF $20,000, DATED THIS DATE, PAYABLE IN FIVE ANNUAL INSTALLMENTS TO TEJAS CONSTRUCTION CORP., A TEXAS CORPORATION, WITH IN- TEREST• AT THE RATE OF 5% PER ANNUM WITH PREPAYMENT CLAUSE, MATURITY CLAUSE, ATTORNEY'S FEE CLAUSE, AND WAIVER CLAUSE; HAVE GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DO GRANT, SELL AND CONVEY UNTO THE CITY OF CORPUS CHRISTI, OF NUECES COUNTY, TEXAS, ALL THAT CERTAIN LAND WHICH MAY BE DESCRIBED AS FOLLOWS: LOTS ONE (1), TWO (2) AND THREE (3), BLOCK ONE (1), MARTINE SUBDIVISION, IN Nu ECES COUNTY, TEXAS, ACCORD- ING TO MAP OR PLAT RECORDS RECORDED IN VOLUME 131 PAGE 88, MAP RECORDS OF NUECES COUNTY, TEXAS. TO HAVE AND TO HOLD THE ABOVE DESCRIBED PROPERTY AND PREMISES TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANY- WISE BELONGING, UNTO THE GRANTOR OR ITS ASSIGNS FOREVER; AND TEJAS CONSTRUCTION CORP., A TEXAS CORPORATION, BINDS ITSELF AND ITS ASSIGNS TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR SAID PREMISES UNTO THE SAID CITY AND ITS ASSIGNS, AGAINST EVERY PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. BUT IT IS EXPRESSLY AGREED AND STIPULATED, HOWEVER, THAT THIS CON- VEYANCE IS MADE SUBJECT TO THE FOLLOWING MATTER: (1) AN UNDIVIDED ONE -HALF INTEREST IN ALL OIL, GAS AND MINERALS CONVEYED BY C. C. HARTE TO H. 0. RADCLIFF, SAID CONVEYANCE BEING DATED DECEMBER 1, 1921, AND APPEARING OF RECORD IN VOLUME 3, AT PAGE 567 OF THE OIL A14D GAS RECORDS OF NUECES COUNTY, TEXAS; i (2) AN UNDIVIDED ONE - SIXTEENTII ROYALTY INTEREST CONVEYED BY T. Y. MOORE, ET UX, TO SOUTHLAND ROYALTY CO., SAID CONVEYANCE BEING DATED JANUARY 29, 1938, AND APPEARING IN VOLUME 43, AT PAGE 599 OF THE OIL AND GAS RECORDS OF NUECES COUNTY, TEXAS; AND (3) ANY AND ALL RESTRICTIONS, COVENANTS, CONDITIONS AND EASE- MENTS, IF ANY, RELATING TO THE HEREINABOVE DESCRIBED PROPERTY, BUT ONLY TO THE EXTENT ALL OF THE FOREGOING ARE STILL IN EFFECT AND SHOWN OF RECORD IN HEREINABOVE MENTIONED COUNTY AND STATE. IT IS FURTHER EXPRESSLY AGREED AND'STIPULATED BY THE GRANTOR THAT IT WILL RESTORE THE BUILDING LOCATED ON SUCH PREMISES TO ITS CONDITION BE- FORE AUGUST 3, 1970, WHICH RESTORATION INCLUDES PAINTING AND THE REVISION OF CERTAIN ELECTRICAL WIRING AND THAT SUCH REPAIRS SHALL BE COMPLETED WITH- _ IN 60 DAYS FROM THIS DATE. IT IS FURTHER EXPRESSLY STIPULATED AND AGREED BETWEEN THE PARTIES THAT A VENDORS LIEN AND THE SUPERIOR TITLE ARE RETAINED AGAINST THE ABOVE DESCRIBED PROPERTY AND PREMISES UNTIL SAID NOTE IS FULLY AND FINALLY PAID ACCORDING TO ITS FACE, TENOR, AFFECT AND READING, WHEN THIS DEED SHALL BE- COME ABSOLUTE AND THAT GRANTOR AGREES THAT A FULL AND FINAL RELEASE OF SAID NOTE OR ANY NOTE OR NOTES GIVEN IN RENEWAL OR EXTENSION THEREOF WILL LIKE- WISE OPERATE AS A FULL AND FINAL RELEASE OF THE VENDOR'S LIEN RESERVED IN THIS DEED. WITNESS MY HAND THIS THE DAY OF , 1971. SIGNED AND DELIVERED, ACCEPTED AND AGREED: R. MARVIN TOWNSEND CITY MANAGER C Y ATTORNEY - TEJAS CONSTRUCTION CORP. BY PRESIDENT 0 THE STATE OF TEXAS Z COUNTY OF NUECES BEFORE ME THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THC FOREGOING INSTRUNENTj AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY TEXAS RB:13 JW:3 /1)/(I VENDOR'S LIEN NOTE $20,000 CORPUS CHRISTI, TEXAS FOR'VALUE RCCEIVED, THE CITY OF CORPUS CHRISTI, PROMISES TO PAY TO THE ORDER OF THE TEJAS CONSTRUCTION CORP., A TEXAS CORPORATION, CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE PRINCIPAL SUM OF TWENTY THOUSAND DOLLARS ($20,000) TOGETHER WITH INTEREST THEREON FROM DATE AT THE RATE OF 5% PER ANNUM, PAYABLE ANNUALLY. PRINCIPAL AND INTEREST ARE PAYABLE IN ANNUAL INSTALLMENTS OF $4,619, EACH, PAYABLE ON THE FIRST DAY OF JANUARY,OF EACH YEAR, BEGINNING JANUARY 1, 1972, AND CONTINUING UNTIL THE WHOLE OF SAID SUM, WITH INTEREST, HAS BEEN DULY PAID. THE CITY OF CORPUS CHRISTI SHALL HAVE THE PRIVILEGE TO PREPAY ALL OR ANY PORTION OF THE BALANCE OWING HEREON, AT ANY TIME, WITHOUT PENALTY OR OTHER CHARGE. FAILURE TO PAY ANY PF SAID INSTALLMENTS WHEN DUE, SHALL, AT THE OPTION OF THE HOLDER HEREOF MATURE THE ENTIRE INDEBTEDNESS SECURED BY THE HEREINAFTER MENTIONED LIENS WITHOUT NOTICE, DEMAND OR PRESENTMENT OF THIS NOTE, ALL OF WHICH ARE EXPRESSLY WAIVED BY THE CITY OF CORPUS CHRISTI, ALL SURETIES AND ENDORSERS). THIS NOTE IS GIVEN IN CONNECTION WITH AND TO SECURE THE EXECUTION OF A CERTAIN DEED BY THE TEJAS CONSTRUCTION CORP., A TEXAS CORPORATION, TO THE -CITY OF CORPUS CHRISTI, WITH DOWN PAYMENT AND DEFERRED CONSIDERATION AS PROVIDED IN THIS INSTRUMENT AND IN THE DEED OF CONVEYANCE, WHICH DEED OF CONVEYANCE CONVEYS TO THE CITY OF CORPUS CHRISTI, LOTS 1, 2 AND 3, BLOCK 1, MARTINE SUBDIVISION, IN NUECES COUNTY, TEXAS, ACCORDING TO MAP OR. PLAT RE- CORDED IN VOLUME 13, PAGE 88, MAP RECORDS OF NUECES COUNTY, TEXAS. IT IS EXPRESSLY UNDERSTOOD THAT THE TEJAS CONSTRUCTION CORP.,•A TEXAS CORPORATION, RETAINS THE SUPERIOR TITLE TO THE ABOVE DESCRIBED PROPERTY UNTIL THIS NOTE IS PAID OR RELEASED. CITY OF CORPUS CHRISTI, TEXAS APPROVED: //,. BY R. MARVIN TOWNSEND, CITY MANAGER Ty ATTORNEY "V-" Corpus Christi, T xas Q'3Gv day of d ,)_V1-A-C--"'J , 19'2/ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, „0j PfAY R. 7 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. C/G V. A. "Dick" Bradley, Jr. C�c Eduardo E. de AsesC�ef -�_ Ken McDaniel C / W. J. "Wrangler" Roberts Q C ,-�- 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