HomeMy WebLinkAbout10437 ORD - 08/25/1971AN ORDINANCE
FINDING CONDITIONS AND AUTHORITIES FOR PURCHASE OF
A SANITARY LANDFILL SITUATED ON LOTS 3 AND 6,
SECTION 14, BOHEMIAN COLONY LANDS SUBDIVISION,
NUECES COUNTY, TEXAS, BEING 160 ACRES, MORE OR
LESS; PROVIDING FOR THE FINANCING OF SAID PURCHASE,
TRANSFERRING FROM THE GAS FUND 106 THE SLIM OF
$18o,48o-, BEING SURPLUS, TO THE GENERAL FUND FOR
THE COSTS THEREOF; APPROPRIATING THE SUM OF $180,480
IN THE GENERAL FUND FOR THE PURCHASE OF SAID LAND
AS A MUNICIPAL SANITARY LANDFILL; SPECIFYING CONDI-
TIONS OF PURCHASE AND OF TITLE; PROVIDING SEVERABILITY;
AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL, BY AUTHORITY OF ARTICLE IV, SECTION 16
OF THE CITY CHARTER, UPON RECOMMENDATION OF THE CITY MANAGER, WHICH HAS
BEEN DULY MADE HEREIN, MAY TRANSFER THE REVENUES -OR EARNINGS OF THE GAS
SYSTEM, INCLUDING THE HEREINAFTER MENTIONED SURPLUS, TO ANY OTHER DEPART-
MENT OR PURPOSE, THERE NOW BEING A SUFFICIENT AMOUNT OF CAPITAL OR FUNDS
FROM SYSTEM EARNINGS TO ASSURE THE PROPER MAINTENANCE OF THE GAS AND
SEWERAGE SYSTEMS AND THE REHABILITATION OF ANY AND ALL OF THE FACILITIES
THEREOF; AND
WHEREAS, THE CITY IS FURTHER EMPOWERED TO TRANSFER AND USE THE
SAID REVENUES BY ARTICLE 1113A, R.C.S., TEXAS, 1925, AS AMENDED; AND
WHEREAS, THE BOND ORDINANCES OF THE GAS SYSTEM PROVIDE FOR
THE TRANSFER OR USE OF GAS FUND MONEY FOR GENERAL GOVERNMENT PURPOSES
AFTER ALL OF THE OBLIGATIONS OF THE GAS SYSTEM BONDS AND SYSTEM MAINTENANCE
HAVE BEEN MET; AND
WHEREAS, THE GAS FUND BALANCE WHICH IS MAINTAINED TO OFFSET THE
LACK OF REVENUE WHICH MIGHT RESULT FROM WARM WINTERS CONTAINS -A SUFFICIENT
BALANCE TO ALLOW AN INVESTMENT IN LAND; AND
WHEREAS, THERE EXISTS IN THE GAS SYSTEM A SURPLUS IN EXCESS OF
$180,500; AND
WHEREAS, THE SANITATION FUNCTION OF THE GENERAL FUND 15 IN NEED
OF A GEOGRAPHICALLY CENTRALLY LOCATED LAND AREA FOR THE OPERATION OF A
SANITARY LANDFILL AND A 160 -ACRE TRACT LOCATED BETWEEN GREENWOOD DRIVE
AND AYERS STREET BETWEEN SARATOGA BOULEVARD AND DSO CREEK, BEING LOTS
3 AND 6, SECTION 14, BOHEMIAN COLONY LAND SUBDIVISION, IS AVAILABLE FOR
PURCHASE AT AN OVERALL COST OF $180,480:
10437
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO ACQUIRE BY PURCHASE LOTS 3 AND 6, SECTION 14, BOHEMIAN COLONY LAND
SUBDIVISION, THE SAME BEING 160 ACRES,MORE OR LESS,TO BE DETERMINED BY A
SURVEY BY SELLER AND SOLD ON A NET ACRE BASIS,EXCLUSIVE OF ROADS, FROM THE
ESTATE OF LAMAR FOLDA.
SECTION 2.1, THERE IS HEREBY TRANSFERRED FROM THE GAS FUND 106,
BEING SURPLUS, $180,1180, TO THE GENERAL FUND, FOR PAYMENT OF THE COSTS OF
ACQUISITION BY PURCHASE OF THE LAND AFORESAID.
SECTION 3. THERE 15 HEREBY APPROPRIATED IN THE GENERAL FUND
THE SUM OF $180,480 FOR THE COSTS OF ACQUISITION BY PURCHASE FROM THE
ESTATE OF LAMAR FOLUA OF FEE TITLE TO LOTS 3 AND 6, SECTION 14, BOHEMIAN
COLONY LAND SUBDIVISION FOR THE PURPOSE OF A SANITARY LANDFILL. PAYMENT
TO THE SELLER, HOWEVER, SHALL BE LIMITED TO $19128 PER NET ACRE, RATABLY,
AS DETERMINED BY SURVEY TO BE MADE BY SELLER.
SECTION 4. PAYMENT BY THE GENERAL FUND TO THE GAS FUND OF $50,000
FOR USE OF THIS SITE FOR A SANITARY LANDFILL DURING 1971 -72 IS HEREBY
AUTHORIZED WITH THE UNDERSTANDING THAT THE GENERAL FUND WILL CONTINUE SUCH
PAYMENTS AS MAY BE AUTHORIZED IN ENSUING ANNUAL BUDGETS FOR THE CONTINUED
USE OF SAID TRACT OF LAND UNTIL SUCH TIME AS THE PAYMENTS BY THE GENERAL
FUND EQUAL $180,480. PLUS 6% INTEREST PER YEAR ON THE UNPAID BALANCE THEREOF.
SECTION 5. THE CITY SHALL HAVE THE RIGHT TO ENTRY ON SAID LAND
TO EFFECT SOIL BORINGS AND TESTS PRIOR TO CONSUMMATION OF SALE.
SECTION 6. IT IS EXPRESSLY PROVIDED THAT THIS SALE SHALL NOT
BE CONSUMMATED UNTIL AND UNLESS SAID LAND HAS BEEN APPROVED BY THE TEXAS
STATE BOARD OF HEALTH AS A MUNICIPAL SANITARY LANDFILL.
SECTION 7. SELLER MAY RESERVE ONE -HALF (1/2) OF THE MINERAL
ESTATE, PARTICIPATING, THEREIN AND CITY ALSO AUTHORIZES ACCEPTANCE OF
TITLE IN SAID LAND SUBJECT TO A 132 NON- PARTICIPATING ROYALTY OUTSTANDING
UNTIL ITS TERM ENDS. CITY SHALL HAVE FULL CONTROL OF ALL LEASING OF SAID
LAND AND INGRESS AND EGRESS RELATED THERETO.
SECTION 8. THE NECESSITY TO PROVIDE ADDITIONAL AREA FOR SANITARY
LANDFILL FOR THE USE OFTHE CITY OF CORPUS CHRISTI AND ITS CITIZENS AND
INHABITANTS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
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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 AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE 76-96 DAY of AUGUST, 1971.
ATTEST:
CITY SECRETAR
APPROVED:
LLgAY OF AUfaUST,. 'j971 :
CI TX ATTORNEY ��
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o.
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MAYOR
THE CITY-0 F C S CHRISTI, TEXAS
CITY OF CORPUS CHRISTI, TEXAS
/01�3/
CFMIFICATION OF FMM
(City Charter Article IV Section 21)
August 31, 1971
I certify to the City Council that $ 180,480.00 , 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. /407"— i4 35Y 9 e So I
Project Name Purchase of Sanitary Land Fill
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55
Revised 7/31/69
3 , �97�
ire for of nance
/0039
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article 1V Section 21)
August 31, 1971
I certify to the City Council that $ 180,480.00 , 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 106 Gas Fund
Project No. 4c &,2�e 52-22 clele- 2 -3%
Project Name Transfer to the General Fund for the Purchase
of a Sanitary Landfill.
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
i ,191/
/XL-�k
Dire for of ce
FIN 2 -55
Revised V31/69,
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�^ TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS �// C� H R I S T I� TEXAS r}
ad FGiJDAY OF at "_'�
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES 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; 1, 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,
V
O
MAYOR
THE CITY OF COR e RISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BObQUE2
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE:
BONNIE SIZE MORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
,REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK