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Home My WebLink About10192 ORD - 03/31/1971t vMP:3/29/71 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 19, POLICE STATION LAND ACQUISITION, BEING LOTS 19 AND 20, BLOCK 2, HIDALGO ADDITION, FROM JUAN M. RIVAS, COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND ACTIVITY 3327, CODE 501, 'A4,500 FOR ACQUISITION AND $117.50 FOR RELATED EXPENSES; AND DECLARING AN EMERGENCY. 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 EXECUTE A REAL ESTATE SALES CONTRACT WITH THE OWNER OF PARCEL NO. 19, JUAN M. RIVAS, SAID PARCEL BEING DESCRIBED AS FOLLOWS: ' LOTS 19 AND 20, BLOCK 2, HIDALGO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY] TEXAS, AS SHOWN BY MAP OF RECORD IN VOLUME 3, PAGE 47, NUECES COUNTY, TEXAS. t COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT "A ", IS ATTACHED HERE- TO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF THE N0. 102 GENERAL FUND THE SUM OF $4,500 FOR ACQUISITION AND $117.50 FOR RELATED EXPENSES FOR THE ACQUISITION OF THE AFORESAID PARCEL FROM THE OWNER, (FOR THE EX PANSI�TMO THE POLICE STATION PARKING FACILITIES. SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE NECES- SARY DOCUMENTS AND TO AUTHORIZE THE PAYMENT OF FUNDS FOR THE ACQUISITION OF THE AFORESAID PARCEL OF LAND AS SOON AS POSSIBLE 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 BUT 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, 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 10192 o AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE dl4za DAY OF MARCH, 1971. ATTEST: CITY SECRETA AY < / / THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: AY OF CH 1971: CI ATTORNEY � M 2 - Form 14 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Juan M. Rivas 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: Lots 19 and 20 Block 2, Hidalgo Addition; to the City of Corpus Christi, Iqueces County; Texas as shown by map of record in Vol. 3, Page 47, Nueces County, Texas. - 1 - 0 0 F_ X P 16 1 T "A" . I� 1'ot•ri 14a 2. The purchase price is pp 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 there'.-o. 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 dra„,n 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_yg__. 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the.Buyer and Sellers for the year �9-71— 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 $450.00 Dollars 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 Buyer 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 executed 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 in accordance - 2 - t tJLli :i'la ii :;ktil and CmAnulary luocudure. In Ida: event, ScJlern fail Lo 6cud r a heal c:nuv e;d.i u(( ::;riot 1,roj,,rLy in ::cccird::nce c:.i.:'.11 the 'Lerl;::, of L•he contra(.!; t: i.1.11.i.n the time prow d,ul hc•rc:i.n tJv� 1311ye•r may cnCorcc perl'or:a:uu:e oC.thi. contract by in:.c :lion Cov speodf.ic porformancc thereof.. £I. The 19uyor a11'rVe t:o accept t".tic subject Lo all ouLstandin; restrict:i.vv c•ovenanLs rued use restrictions, if :u1y, of record, end.-all city zoning and reGulaLory ordinances, if m1y, applicable to said property. 9. ------ - --- -- -- --------------------- - - - - -- tie -2'� �. �•- c-:? 2�d5- e=- k'_' �a- 3Fw�- �- ihu•:;-- a=- �:;= i- c��- ba':.-: �s- i. �a,:.br_ec�a.t.x «.ct,.d_ #.n..11 _;kxc7k:.:;.c:3. l�f- - lau-�4 T._ e,. d_}, tze_ gW11�r�;_ �:. ��-• �, �tuk-?-•.] xa�c��; c.. cl >1- :i- �a'�s�- tka;�se�zrs�_i;r .max,- 'xuivr_.ra.Y.].ut;Lld.iai� - - -- =rr�13 cyte:4t3vF -i R�7- d --�c}' iG3} {i-- j�Ki -1L>'R epaiag- agreed - tea -b-c— i 2.tx Z :Llr ,,.ar';=a` =- &al : - ax??- ao -el ?. -eve ibs - =r t +r? =r 3: ire- y- �93 }- c�ayF- fve:� -1 lie -cla, E �io3 aid -tea & e 7 �z a -af-- - 6e7- 1ere- i+e- eer_,?.eye- •sttelr =rn -i:.,; �::'t- l�ris�- Gaic� -{. }tee- eka?3- awe: �!+'t+.�.o.a3.13�a;k�;c- r -�aca• jatitalaac:es '6c3- ve>�e�e- ee.:.z- end- drdrkel;-- i,?xe--- eoc�t• -of :;gels- rexsua� -�': eta- #.+i��on�i�ia,t- ?cx�- hCr�i -t� �c;xca�;- to be- pale'. 10. It is luiderstood 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, feel- 3:ers- heiek�jF x�ec- Yee - ate-# tke�tse3�res;-# ize- i�?rei��-- assio�tss- a33 -tl?a e413- - gasi- e3:r3- Hti*e-- vAs-,- i- !,-roar -or- tinter -the - aurz^eee- of- s�A-- l-at_. 12. 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 Dayer 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. -3 d 2 - Form llld EXECUTED in triplicaLc, either copy of i iieh shall. conntitute un original, on this the day of LCLZaeL , 1.97/ ATTEST: Ju M. Rivas City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS J DAY OF GLL ,19�, BY — City Manager BUYER City orney Form J.);-I, ,j A 1.01, OF TEXA!, CONTY OF IMI, :IN,, BEFORE I-M, T)jIc vndul-:ticiled authority, Oil Uhis day rwrsona-,Uy appeared R. Narviu 201111re,id, City 14,ina(,cr of the City of Corj)112: Ch)-:Lst-i, Texas, ),-nowli to mu to be the percoa chose nwma is subscribod to the foregoing in.-IL-ruricnt and to mo that, ho exccut.cd the scone for the purposes and consideration. therein exprozz:cd, and in the r-,, pacity therein stated and as the Act aid Decd of said City. G)JIBNI UNDER MY HARD AND SEAL OF OrrT.CE, This day of Rotary Pdoli-c in mid for ilaeccs Cou:.',y, Te-xas TME STICU OF =AS COTKY OF NMECES BEFORE K—E, The iridorsigned authority, on this day personally appeared Juan M. Ravas luio.,,n to me to be the person whose nine is subscribed to the foregoing instrument, and ack-nowlaa.-ed to me that he executed the swae, for.the purposes and consideration therein exoressed. GWEN UNDER MY MUM AND SRAL OF OFFICE, This the d.,,v of Z— Votary Public in and for Nucces 'Cou,' ty, Texas THE STATE OF TIMS COU11TY OF IPJECES Mro-,E I-E, The undersigned -authority, on this day personally appeared and his irife, both knoi-ri to me to be the -persons Whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said wife of the said having been exivimed by me privily and apart from licr husband, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the Game for the purpoces and con-sidcration therein expressed, ancl that she did not wish to retract it. GIVEN UNDER MY ITA14D AND SNAL OF OFFICE, The day of CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 25, 1971 I certify to the City Council that $ 4,617.50 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 102 General Fund Project No. 102- 3327 -501 Project Name Police Station Expansion, Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Dire for of-F7ce aaa �a8 -sdi 1f •�f� �? th9 J ��i it_� ►�rU FIN 2 -55 ,,'rt.(?.',��i Revised 7/31/69 a Corpus Christi, Tex s 0114-14 day of CltG�� , 19 %1 1 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ror 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, - R- THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended 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 The above ordinance was passed by the fol owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Q Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore