HomeMy WebLinkAbout10611 ORD - 12/08/197112/8/71:HG:VMP
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AN ORDINANCE
FINDING THE ACCEPTANCE OF A CERTAIN GIFT FROM MRS. GRACE
C. CATON AND PURCHASING A VALUABLE JADE COLLECTION FROM
MR . R. S. HARVILL FOR DISPLAY IN THE CITY MUSEUM IS IN
THE PUBLIC INTEREST; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO THE TWO ATTACHED CONTRACTS, THE
FIRST ACCEPTING AN UNCONDITIONAL GIFT OF $50,000 FROM
MRS. GRACE C. CATON OF HONOLULU, HAWAII IN CONSIDERATION
FOR THE CITY ENTERING INTO A CONTRACT WITH MR. R. S.
HARVILL FOR THE PURCHASE OF A JADE COLLECTION FOR DISPLAY
IN THE CITY MUSEUM UNDER CERTAIN CONDITIONS AM THE
SECOND AUTHORIZING SAID PURCHASE AND DISPLAY; EXPRESSING
THE GRATEFUL APPRECIATION OF THE COUNCIL; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THE CITY COUNCIL HEREBY FINDS THAT THE ACCEPTANCE OF
AN UNCONDITIONAL GIFT OF $50,000 FROM MRS. GRACE C. CATON OF HONOLULU,
HAWAII AND PURCHASING A VALUABLE JADE COLLECTION FROM MR. R. S. HARVILL OF v
SINTON, TEXAS, FOR DISPLAY IN THE CITY MUSEUM IS IN THE PUBLIC INTEREST,
AND FURTHERS THE GENERAL WELFARE BY PROVIDING VALUABLE ARTISTIC AND EDUCATION-
AL BENEFITS TO THE CITIZENS OF THE CITY.
SECTION 2. THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO ENTER
INTO THE TWO (2) ATTACHED CONTRACTS, THE FIRST ACCEPTING AN UNCONDITIONAL
GIFT OF $50,000 FROM MRS. GRACE C. CATON OF HONOLULU, HAWAII IN CONSIDERATION
FOR THE CITY ENTERING INTO A CONTRACT WITH MR. R. S. HARVILL FOR THE PURCHASE
OF A JADE COLLECTION FOR DISPLAY IN THE CITY MUSEUM UNDER CERTAIN CONDITIONS
AND THE SECOND AUTHORIZING SAID PURCHASE AND DISPLAY.
SECTION 3. THE CITY COUNCIL GRATEFULLY EXPRESSES ITS APPRECIATION
AND THE HEARTFELT APPRECIATION OF THE CITIZENS OF THE CITY TO MRS. CATON FOR
HER UNCONDITIONAL GIFT AND TO MR. HARVILL FOR ALLOWING THE PURCHASE OF HIS
VALUABLE JADE COLLECTION AT AN AMOUNT FAR LESS THAN THE APPRAISED VALUE.
SECTION 4. THE IMPORTANCE OF ACCEPTING THE FOREGOING UNCONDITIONAL
GIFT AND OF FURTHERING THE EDUCATIONAL AND ARTISTIC CLIMATE IN THE CITY BY
PURCHASING AND DISPLAYING THE ABOVE JADE COLLECTION, ALL OF WHICH IS IN THE
PUBLIC INTEREST AND FURTHERS THE GENERAL WELFARE OF THE CITIZENS OF THE CITY
CREATES A PUBLIC EMERGENCY 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 BUT THAT SUCH ORDINANCE OR
.10611
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 ORDI-
NANCE 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 ACCORD-
INGLY SO ORDAINED, THIS THE Q Y u DAY OF DECEMBER, 1971.
ATTEST:
CITY SECRETARY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
e" - DAY OF DECEMBER, 1971:
-5-11, Y ATTORNEY'
c
12/9/71: HG: VMP
C O N T R A C T
THE STATE OF TEXAS i
KNOW ALL MEN BY THESE PRESENTS,
COUNTY OF NUECES [
MRS. GRACE C. CATON OF HONOLULU, HAWAII, HEREINAFTER CALLED "PARTY
OF THE FIRST PART ", AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL
CORPORATION AND BODY POLITIC IN NUECES COUNTY, TEXAS, ACTING BY AND THROUGH
ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, HEREINAFTER CALLED
"PARTY OF SECOND PART ", HEREBY COVENANT, AGREE, AND CONTRACT, AND BIND THEM-
SELVES, THEIR HEIRS, ASSIGNS, AND SUCCESSORS W OFFICE AS FOLLOWS:
PARTY OF THE FIRST PART, IN CONSIDERATION OF THE HEREINAFTER MEN-
TIONED UNDERTAKING OF THE PARTY OF THE SECOND PART, AGREES TO TRANSFER UNCON-
DITIONALLY TO THE CITY THE SUM OF FIFTY THOUSAND ($50,000) DOLLARS PAYABLE
AS FOLLOWS: TEN THOUSAND ($10,000) DOLLARS UPON EXECUTION OF THIS CONTRACT
AND TEN THOUSAND ($$10,000) DOLLARS EACH SUBSEQUENT YEAR ON THE ANNIVERSARY
DATE OF THIS CONTRACT AND UNTIL THE FULL SUM HAS BEEN PAID.
THE PARTY OF THE SECOND PART, IN CONSIDERATION OF THE HEREINBEFOP.E
MENTIONED PAYMENT OF THE PARTY OF THE FIRST PART, AGREES TO ACCEPT THE AFORE-
MENTIONED PAYMENTS AND TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A VALUABLE
JADE COLLECTION WHOSE APPRAISED VALUE FAR EXCEEDS FIFTY THOUSAND ($50,000)
DOLLARS FROM MR. R. S. HARVILL OF SINTON, TEXAS. DELIVERY OF THE COLLECTION
TO THE CITY SHALL BE MADE AS SOON AS THE FIRST TEN THOUSAND ($10,000) DOLLAR
PAYMENT IS RECEIVED BY MR. R. S. HARVILL. THE CITY AGREES TO RETAIN POSSES-
SION AND CONTROL OF SAID COLLECTION AND NOT TO SPLIT UP THE COLLECTION. THE'
CITY AGREES TO PROVIDE APPROPRIATE AND PROPER DISPLAYS OF THE COLLECTION
CONSISTENT WITH ITS ARTISTIC AND EDUCATIONAL VALUE. THE REQUIREMENT IN THIS
SECTION OF KEEPING THE COLLECTION GENERALLY TOGETHER SHALL NOT BE CONSIDERED'
TO PREVENT THE PARTIAL SHORT -TERM LOAN OF PART OF THE COLLECTION TO OTHER
RESPONSIBLE MUSEUMS TO ENABLE THE COLLECTION TO REACH A LARGE NUMBER OF PEOPLE
WITH ITS MEANING AND ARTISTIC VALUE. DIFFERENT PARTS OF THE COLLECTION MAY
BE EXHIBITED AT DIFFERENT TIMES AND THE ENTIRE COLLECTION NEED NOT BE SHOWN
AT ALL TIMES, CONSISTENT WITH THE MEANING AND TRUE VALUE OF THE COLLECTION.
PARTIAL WITHDRAWAL FOR CLEANING AND NECESSARY UPKEEP WILL ALSO BE ALLOWED.
CONSISTENT WITH THE PRECEDING SECTION, THE COLLECTION AS A WHOLE WILL BE KEPT
IN ONE COLLECTION AND WILL NOT BE SPLIT UP. IN THE EVENT THE CITY RELINQUISHES
CUSTODY AND CONTROL OF THE COLLECTION OR FAILS TO MAINTAIN THE COLLECTION AS
GENERALLY ONE COLLECTION, TITLE AND CUSTODY OF THE COLLECTION WILL BE TRANS-
FERRED TO THE MUSEUM OF THE CITY OF MCALLEN, TEXAS IF, AT THE TIME OF CITY'S
BREACH, PARTY OF THE FIRST PART BE PERFORMING HER OBLIGATIONS AS HEREIN PRO-
VIDED, OTHERWISE AS R. S. HARVILL, HIS HEIRS OR ASSIGNS, MAY DIRECT. THE
CITY'S SOLE FINANCIAL OBLIGATION IS TO,ACCEPT THE AFOREMENTIONED PAYMENTS
FRO14 PARTY OF THE FIRST PART, IF AND WHEN RECEIVED, AND TO DISBURSE EQUAL
AMOUNTS OF PAYMENTS TO MR. HARVILL FOR THE PURCHASE OF SAID COLLECTION. THE
CITY SHALL HAVE NO LIABILITY WHATSOEVER REGARDING LOSS, DAMAGE, PILFERAGE, OR
OTHER CASUALTY TO SAID COLLECTION OR BE RESPONSIBLE IN MONEY DAMAGES FOR ANY
FAILURE TO DISPLAY OR EXHIBIT SAID COLLECTION IN ACCORDANCE WITH THE TERMS
HEREOF.
FOR AND IN CONSIDERATION OF THE ABOVE TERMS AND CONDITIONS, WITNESS
OUR HANDS THIS THE DAY OF , 197
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER
APPROVED:
DAY OF 1'97_•
CITY ATTORNEY
MRS. GRACE C. CATON
-2-
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A
MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME
IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO. ME THAT HE
EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE
PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN
STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
>97
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF
COUNTY OF
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
MRS. GRACE C. CATON, A FEME SOLE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SHE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
, 197
NOTARY PUBLIC
*° 12- 9- 71:HG:ml
C O N T R A C T
TIE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
Mr. R. S. Harvill, a resident of Sinton, San Patricio County,
Texas, hereinafter called "Party of the First Part" and the City of Corpus
Christi, a municipal corporation and body politic in Nueces County, Texas,
acting by and through its duly authorized City Manager, R. Marvin Townsend,
hereinafter called "Party of the Second Part ", hereby covenant, agree, and
contract, and bind themselves, their heirs, assigns, -and successors in office
as follows:
Party of the First Part,in consideration of the hereinafter men-
tioned undertakings and payment of the Party of the Second Part, hereby
agrees to transfer and deliver his valuable artistic and educational jade
collection whose appraised value far exceeds Fifty Thousand ($50,000) Dollars
to the City of Corpus Christi Museum for full custody and control upon receipt
of the first payment as hereinafter provided. Full and unconditional title
in said collection shall vest in the City upon full payment of the Fifty
Thousand ($50,000) Dollars according to the terms of this contract.
Party of the Second Part, in consideration of the hereinbefore
mentioned undertaking of the Party of the First Part, agrees to purchase
said collection for Fifty Thousand ($50,000) Dollars payable as follows: Ten
Thousand ($10,000) Dollars upon receipt of a like amount from Mrs. Grace C.
Caton and Ten Thousand ($10,000) Dollars each subsequent year on the anniver-
sary date of this contract as such respective sums are received from Mrs. Caton
until the total sum has been paid. Delivery of the collection to the City shall
be made as soon as Party of the First Part receives the first $10,000 payment.
The City's sole financial obligation under the terms of this contract is to
disburse amounts equal to those if, when and as received from Mrs. Caton to
Mr. Harvill for the purchase of said collection; provided, however, the Party
of the Second Part shall cause said collection to be insured by endorsement
under the City's present casualty policy, or equivalent, for an insured value
of not less than $50,000, the premiums thereon to be wholly paid by Party of
the Second Part. The proceeds, whether by settlement or judgment, received in
payment for any insured casualty to said collection shall be distributed to
the owner or owners of said collection, by City, as such ownership appears at
the date of casualty. The City shall not be liable for any such loss in excess
of such insurance recovery.. In the event any payments are not forthcoming as
provided for in this contract, the City is released from any and all liability
to any party except for the return of the collection to Mr. Harvill, his heirs,
or legal representatives. The City will disburse to Party of the First Part
only such sums as-it receives from Mrs. Caton under the terms of its contract
with her. The City agrees to- retain possession and control of said collection
and not to split up the collection. The City agrees to provide appropriate
and proper displays of the collection consistent with its artistic and educa-
tional value. The requirement.in this section of keeping the collection gen-
erally together shall not be considered to prevent the partial short -term
loan of part of the collection to other responsible museums to enable the
collection to reach a large number of people with its meaning and artistic
value. Different parts of the collection may be exhibited at different times
and the entire collection need not be shown at all times, consistent with the
meaning and true value of the collection. Partial withdrawal for cleaning and
necessary upkeep will also be allowed. Consistent with the preceding, the
collection as a whole will be kept in one exhibit and will not be split up.
In the event the City relinquishes custody and control, within the terms
hereof, of the collection, or fails to exhibit the collection as provided
herein title and custody of the collection shall be transferred by Party of
the Second Part to the museum of the City of McAllen, Texas, if Mrs. Grace
C. Caton be fully performing her contract with the City relative hereto at
the time of City's breach, otherwise to such person as Party of the First
Part may designate. The City's sole financial obligation is to accept the
payments from Mrs. Caton and to disburse similar amounts to Mr. Harvill for
the purchase of said collection except to provide adequate insurance coverage
for the collection.
For and in consideration of the above terms and conditions, WITNESS
OUR HANDS this the day of , 197
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF , 197
City Attorney
R. S. Harvill
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THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. MARVIN TOWNSEND , CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE
THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE
ACT AND DEED OF SAID CITY or CORPUS CHRISTI FOR THE PURPOSES AND
CONSIDERATION THEREIN EXPRESSEL AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
I
DAY OF DECEMBER
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
SAN PATRICIO COUNTY
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. S. HARVILL, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB-
SCRIBED TO THE FOREGOING INSTRUMENT, 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
197
NOTARY PUBLIC IN AND FOR SAN PATRICIO
COUNTY, TEXAS
t
CORPUS CHRISTI, TEXAS
_DAY OF "&� 19_7�_
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
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLO�W+ING VOTE:
RONNIE SIZEMORE LL
CHARLES A. BONNIWELL
ROBERTO BosQuEz, M.D. a
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LO ZA NO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR.
J. HOWARD STARK