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Home My WebLink About10538 ORD - 10/27/1971VMP:10/25/71 AN ORDINANCE APPROPRIATING OUT OF NO. 291 PARK BOND FUND $8,1453, OF WHICH $8,300 IS FOR ACQUISITION OF PARCEL NO. 2 AND $153 IS FOR RELATED COSTS APPLICABLE TO PROJECT NO. 291 -70 -10.1 HILLCREST PARK (TEX- OSC -55); AUTHORIZ- ING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNERS, 0. L. FRAZIER AND WIFE, + DESSIE FRAZIER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF NO. 291 PARK BOND FUND THE SUM OF $5,1453, OF WHICH AMOUNT $8,300 IS FOR ACQUISITION OF PARCEL N0. 2 AND $153 IS FOR RELATED COSTS APPLICABLE TO PROJECT N0. 291 -70 -10.1, HILLCREST PARK (TEX- OSC- 85),•�SARCEL BEING DESCRIBED AS FOLLOWS: BEING LOTS 3 AND 14, BLOCK 36, HILLCREST ADDITION AS SHOWN BY MAP OF RECORD IN VOLUME 3, PAGE 29, MAP RECORDS, NUECES COUNTY, TEXAS. SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE REAL ESTATE SALES CONTRACT AND SUCH OTHER INSTRU- MENTS AS MAY BE NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE AFORESAID PARCEL FROM THE OWNERS, 0. L. FRAZIER AND WIFE, DESSIE FRAZIER. SECTION 3. THE NECESSITY TO APPROPRIATE THE SUMS HEREINABOVE DESCRIBED AND TO ACQUIRE THE PARCEL AFORESAID CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE AND THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE ORJR ESD LUTION 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 / JPASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �l%1J DAY OF /%iP c'f — 1971- ATTEST- CITf SECR11TA R MAYOR •14L1L 7--//L THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: � /s DAY OF l l!e 1_ , 1971: / i CITY TTORNEY zz�' IC s38 i Parcel No. 2 - Form 11F REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between 0. L. Frazier and zrife, Dessie Frazier 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; Being Lots 3 and IF, Block 36, Hillcrest Addition as shown by map of record in Volume 3, Page 29, Map Records, Nueces County, Texas. - 1 - EX H /13 11 "A" B'orm 14a 2. Thc.purchasc price is $8 300.00 ` 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 wholly insure and indernify the Bayer against 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 drawn 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 70 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 19 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 $830.00 Dollars as earnest money hereunder to be applied on the cash payment above set out when deal is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consumate this contract as herein specified for any reason, except title defects, the Sellers shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific performance hereof. When the executed deed and any other necessary executed papers and the balance of the cash payment are in possession of the Title Insurance Company or Title Guaranty Company said title company will close the deal in accordance 2 PW 2 - Form 11Ec r with its usual and cusL-omary procedure. In the event Sellers fail to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein the Buyer may enforce performance of this contract by inaction for specific performance thereof. 8. The Buyer agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and al]. city zoning and regulatory ordinances, if any, applicable to said property. 9• X -. �37k7�' ��^_ �3Cxx] 77�XXxY�} ��'7[ �'_ �r�; txAf' t? �° �0�. iCi�fl, YSih'' �.' i�'." �7} �' fuf�KFcti 'xY?fi�7"�..��X'�'•;�'AC e f}rlr�cXd iii�1RX$ff }21�XkkX 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. The date of possession shall be within 90 days after closing 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 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 - PIJ 2 - Form llid EXECUTED in trip].icabc, either copy of which shall constitute an original, on this the day of , �9 ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF ,19 City Attorney O��iLlTL ow 0. L. Frazier Dessie Fraz SELLERS✓ CITY OF CORPUS CHRISTI, TEXAS BY: City Manager BUYER Form 111 -e THE STATE OF TLMAS COUNTY OF NUECES BEFORE 1•T;, The undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, luiown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the sane for the purposes and consideration therein expressed, and in the capacity therein stated and as the Act and Deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of Notary Riolzc in and for Nueces Coa ty, Texas TNr^. STATE OF TEXAS 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 the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY N_4ND AND SEAL OF OFFICE, This the day of Notary R1dlic in and for Naeces County, Texas THE STATE OF TEXAS COUNTY OF •NUECES BEFORE 11E, The undersigned authority, on this day personally appeared. 0. L. Frazier and Dessie Frazier his wife, both known 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 Dessie Frazier wife of the said 0. L. Frazier , having been examined by me privily ar_d'apart from her husband, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the stone for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVNfd UNDER MY NAND AND SEAL OF OFFICE, The - L day of 19. !L• p [:'•.� .ublio .nrY 11ilr.l is jn oral 1'ui �Jnuc•r:: l ;Drat .y, 10]35 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) f o-- October 21, 1971 I certify to the City Council that $ 8,453.00 , 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 291 Park Bond Fund Project No. 291 -70 -10.1 Project Name Hillcrest Park, (TEx- OSC -85) from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 192/— fffr—e-ctor o finance C-L.? FIN 2 -55 Revised 7 -31 -69 CORPUS //JJ CHRISTI, TEXAS .q._ ` __ ?WL DAY OF 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, MAYOR /41--O- 7-&72. THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE C'IC4i t(- -/. - , CHARLES A. BONNIWELL G -C ZJl� ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J.� HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE a1"_'L_( CHARLES A. BONNIWELL ctc LC ROBERTb BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES /jLC GABE LOZANO, SR. J. HOWARD STARK CL