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Home My WebLink About10232 ORD - 03/31/1971B - 3/31/71 + I' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 20 OF THE POLICE PARKING AREA EXPANSION LEGALLY DESCRIBED AS LOTS 21 AND 22, BLOCK 2, HIDALGO ADDITION, FROM THE OWNERS JOHN V. AND JOSEPHINE C. RODRIGUEZ, APPROPRIA- TING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, $5,129.50, APPLICABLE TO JOB NO. 102 -3327 -501, OF WHICH SUM $5,000 IS FOR ACQUISI- TION AND$129.50 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS; 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 20 OF THE POLICE PARKING AREA EXPANSION, SAID PARCEL BEING DESCRIBED AS FOLLOWS: LOTS 21 AND 22, BLOCK 2, HIDALGO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OF RECORD IN VOLUME 3, PAGE 47, NUECES COUNTY, TEXAS. A COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT IIAII IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF N0. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, $5,129.50 APPLICABLE TO JOB NO. 102 - 3327 -501, OF WHICH SUM $5,000 IS FOR ACQUISITION OF THE AFORE- SAID PARCEL FROM THE OWNERS JOHN V. AND JOSEPHINE C. RODRIGUEZ, AND $129.50 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS. 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 EMER -, GENCY AND 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, AND HAVING REQUESTED THE SUSPENSION 10232 ;� I. 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 ZXIA.r- DAY OF MARCH, 1971• ATTEST: Z )W&cA4ze TIT SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ,,�fDAY OF MARCH, 1 1: CI ATTORNEY A? 2 - Form 14 REAL ESTATE SALES CONTRACT TIIE STATE OF TEXAS ` COUNTY OF NUECES This memorandum of agreement made and entered into by and between John V. Rodrigues and Josephine C. Rodriguez 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 21 and 22, Block 2 Hidalgo Addition to the City of Corpus Christi, Nueces County, Texas as shown by the map of record, Volume 3, Page 47 - 1 - EXHIBIT "A" y 19Y _ - Form 111a 2. The purchuuc price i. :, � $5,000 -00� _ 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 vholly insure and indennni.ff), the Buyer a;ainst 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 iliai.ni 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 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the yeas 19•. -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 $500.00 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 accordahee - 2 - J',' Porm [;;c wi [,)I AL;; u:;uuJ 'ou,L eutfl,omzwy In LILL. •v'mt, BuE]ors fail Lo t-ndcr zt slued conv'.'Ying t:a:id property in accordunco with the tcrrms of the uontracU uIL-1011 the time io r provided hercin Lhe Buyer ir,.ty cliL'orce, perfor.,,Iancc of: this contract by inaction fo rpeell'ic perf'on ance thereof. 8. The Buycr agrees to accept title cubject'to DI), ouLstanding, restrictive coven,mts and use restricts ons, if auiy, of 'record, and. all city zoning and rcCulatory ordinances, if any, applicable to said prop--rty. 9. FA 4 3 - - & r+ 2,L I C W, 4, 4.1- ?t t, 4-r- 4 1 a: G: b 4W43; Q Q t Q 6- 0 - b 2 - . to- iciriove- -ar-A - 4 e EI-R e t - %jj e -64D-Ft- -&-f- 4al-O -RZ C-r-Ok."*1 -f--'�M -'6k 9 - 9 9 n 6 -i I- -W-LNG" 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. 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 Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It is Airther 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 11creinabove set out will bind either party. — 3 — a .IJ 2. - Ibrnt lied EXECUTED in triplicate, eithrr copy of which shall. constitute an original, on this the day of , 19 ATTEST: John V. Rodrigues City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FOR14 THIS &/-II/-DA BY: �9 Ci i:y Liana�er BUYER Ci torney COUNTY OF 111"POTIE PIP., IT I I c aufliorit-y' on this day personally appeared. 11; Marvin IIov1l::C:IId' City 11mliziger of the Clt.y of Corpus Christi, Texas, knowli to jjic to ba the parson )"hose 31:wio is subscribed '.-r) tho foregoing instrument acid zt(;1:llo,.:jcdg(td to Yf.,c that he executed the s=ea for the purposes 021d consideration thcxcin ex.prcs.,.eiL, and in the capacity thercin stated and as the Act, and Deed of said City. GIVEN UDDER A1Y JYNTD AIM SEAL OF OFFICE, This day of 19 Notary Pdolic. in anct. for Nuc-ccs Coi•.ty, Texas TNE; STATE OF T),'-'A-S� C01.51ITY or IIIE C E S BEFORD 1E2, The u-ndcr:;igned authority, on this day personally appeared known to me to be the -person whose name is subscribed to the foregoing instru-ment, and acknowled.-ed to me that he executed the same for the purposes and consideration therein e.-,Tressed. GIVEN MMER •ff IIAITD AND SFAL OF OFFICE, This the day of Notary Public in and for Pacces County, Texas DID STATE OF TFKAS COUNTY 01-0 IWECES BEFORE ME, The undersipped authority, on this day persorally appeared John V. Rodrigues and Josephine C. Rodriguez his irife, both lk-aoici to ire to be the persons whose n-:imes are subsc'ribed to the foregoing instriLment wad acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Josephine C. Rodriguez_, wife of the said John V. Rodrigues having been exanduied by me privily and apart from her husband, acknowledged such instrument to be her act and deed, and declared that she had willingly eigned the same for the purposes and consideration therein expressed, and that'she did not wish to retract it. GIVEN UNDER MY IIA14D AND SEAL OF OFFICE, The Z day of jll IIJId 1'u i• 1111 k i t.-7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 29, 1971 I certify to the City Council that $ 5,129.50 , 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. Z3 � 4 1 Director of lance FIN 2 -55 Revised 7 -31 -69 •' i Corpus Christi, Texas cglAt day ofL�� , 19 %1 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, { 0 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was su ded 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 following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases G=am- I- E� Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore