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HomeMy WebLinkAbout11923 ORD - 02/20/1974MLM:e:2 /20/74 1st TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE SOUTH TEXAS LIGHTHOUSE FOR THE BLIND WHEREBY THE CITY OF CORPUS CHRISTI WILL CONVEY TO SAID ORGANIZATION THE CITY'S INTEREST IN LOTS 7 AND 8, BLOCK 1, HILLSIDE SUBDIVISION, LOCATED AT 1901 LEOPARD STREET, FOR A CASH PAYMENT OF NO LESS THAN $8,107, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES AND MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. 0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to enter into a contract with the South Texas Lighthouse for the Blind whereby the City of Corpus Christi will convey to said organization the City's interest in Lots 7 and 8, Block 1. Hillside Subdivision, located at 1901 Leopard Street, in the City of Corpus Christi, Nueces County. Texas, for a cash payment of no less than $8,107, a copy of which contract is attached hereto and incorporated herein for all purposes and marked Exhibit "A ". SECTION 2. The necessity to authorize the execution of the afore- said contract so as to effect the transfer of the described property to the South Texas Lighthouse for the Blind at the earliest possible date 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 meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, 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 .,1O day of February, 1974. ATTES . City Secre ry APPROVED: 20TH DAY OF FEBRUW, 1974: jM 051g r ''City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEeS 11923 •P9LM:e:2/20/74 1st CONTRACT THE STATE OF TEXAS COUNTY OF NUECES • This contract, by and between the South Texas Lighthouse for the Blind, a non - profit corporation, hereinafter referred to as "Lighthouse ", and the City of Corpus Christi, Texas, a municipal corporation, hereinafter referred to as "City ", WITNESSETH: WHEREAS, the City is the owner of certain surplus property as hereinafter described; and WHEREAS, Lighthouse, an independent non - profit corporation desires to expand its present facility which provides vocational opportunities for the blind; and WHEREAS, the City is authorized to convey such surplus property to independent foundations for development by contract under the provisions of Article 5421c -12, V.A.T.S.: NOW, THEREFORE, know all men by these presents, that City and Lighthouse do enter into the following agreement: I The City hereby agrees to convey the following described property to the Lighthouse in accordance with the terms and provisions hereinafter set out: Lots 7 and 8, Block 1, Hillside Subdivision, and all improvements thereon, said property being located at 1901 Leopard Street, Corpus Christi, Nueces County, Texas. II The City will deliver a Warranty Deed to the above described property upon the completion of certain improvements to the property, herein- after set out in more detail. III Lighthouse agrees to pay the City, as consideration and as fair market value for the above described premises, the sum of Ten Thousand Six Hundred Ninety -five Dollars ($10,695.00) less the cost of the improvements to be made to the property, hereinafter described, but in no event shall said deduction for improvements exceed the sum of $2,588.00. Exhibit "A" V It is specifically agreed that the City will deliver the deed above described upon completion of the described improvements and receipt of the purchase price, which purchase price, as adjusted, due to the above - described improvements when in place, it is found by the City,will equal the cash difference between the total, stated fair market value and the cash actually paid to the City. VI Lighthouse is hereby given the right to go on said premises for the purpose of effectuating the above described improvements. VII Lighthouse agrees that none of its agents shall be considered as employees of City and City shall not be liable in any way for any injury sustained to the person of these agents. VIII Lighthouse agrees to indemnify and hold harmless City from any liability and /or claims arising out the execution of this contract. IX Lighthouse agrees to use the subject property as a vocational facility for the blind and not for commercial purposes. It is further agreed that the Warranty Deed to be delivered to Lighthouse will contain restrictions to this effect. It is further agreed that in the event that 6'.I IV Lighthouse agrees to make the following improvements and the City agrees to deduct from the purchase price the following amounts: (a) Remove present driveway, gutter and sidewalk and install new sidewalks and curb $ 425.00 (b) Landscape area 500.00 (c) Remove underground gas tank and pump and fill hole with sand to grade 275.00 (d) Paint exterior of building, masonry and woodwork (two coats) 908.00 (e) Remove radio Antenna pole 50.00 (f) Contractor's overhead and profit (10 %) 215.00 (g) Architectural fees (10 %) 215.00 Total Costs to be deducted 2,58870 V It is specifically agreed that the City will deliver the deed above described upon completion of the described improvements and receipt of the purchase price, which purchase price, as adjusted, due to the above - described improvements when in place, it is found by the City,will equal the cash difference between the total, stated fair market value and the cash actually paid to the City. VI Lighthouse is hereby given the right to go on said premises for the purpose of effectuating the above described improvements. VII Lighthouse agrees that none of its agents shall be considered as employees of City and City shall not be liable in any way for any injury sustained to the person of these agents. VIII Lighthouse agrees to indemnify and hold harmless City from any liability and /or claims arising out the execution of this contract. IX Lighthouse agrees to use the subject property as a vocational facility for the blind and not for commercial purposes. It is further agreed that the Warranty Deed to be delivered to Lighthouse will contain restrictions to this effect. It is further agreed that in the event that 6'.I C� the subject property is used for purposes other than charitable and vocational purposes for the blind, said property will revert to the City and the deed to be delivered to Lighthouse will so reflect. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1974. ATTEST: City Secretary APPROVED: 209 DAY OF FEBR Y 1974: r�j6 Cit Attorney ATTEST: Secretary CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager SOUTH TEXAS LIGHTHOUSE FOR THE BLIND By • MLM:e:oc:3 /19/74 DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That the City of Corpus Christi, Texas, a municipal corporation and body.politic, organized under the law of the State of Texas, of Nueces County and the State aforesaid, for and in consideration of the sum of Ten Dollars and other valuable consideration, to me in hand paid by South Texas Lighthouse for the Blind, a nonprofit corporation, receipt of which is hereby acknowl- edged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the said SOUTH TEXAS LIGHTHOUSE FOR THE BLIND, a nonprofit corporation of the City of Corpus Christi, Nueces County, in the State of Texas, except as below stated, all that certain piece, parcel or tract of land lying, being and situated in the County of Nueces and State of Texas, being more particularly described as Lots Numbered Seven (7) and Eight (8) in Block Numbered One (1) of the Hillside Addition, to the City of Corpus Christi, as shown by map or plat of said addition of record in the office of the County Clerk of Nueces County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said City, its successors or assigns, forever. And it does hereby bind itself, its successor and assigns, to Warrant and Forever Defend all and singular the said premises unto the said SOUTH TEXAS LIGHTHOUSE FOR THE BLIND, its successors and and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. I• • It is hereby expressly agreed and understood, that out of the grant hereby made, there is excepted and reserved to the grantor herein all mines of, and all oil, gas and all minerals, on and under, the said land and premises herein described and conveyed; and it is hereby expressly agreed and understood that grantor herein, its heirs and assigns shall have and they hereby have the right and power to enter on and upon said land or any part thereof for the sole and only purpose of mining and operating for oil, gas or any other minerals on, upon or under said land, and of laying pipe lines and of building upon or under said land; and of laying pipe lines and of building tanks, shafts, tunnels, power stations and struc- tures thereon to produce, mine, save and take care of said products, and to take all usual, necessary and conven- ient means for working, preparing, getting and removing said minerals from under and away from said land and premises. The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed, and complied with: The South Texas Lighthouse for the Blind, its successors or assigns, agrees to use the hereinabove described property as a vocational facility for the blind. This restriction and condition shall be binding upon Grantee, its heirs, legal representatives and assigns, for a period of five (5) years from the date hereof, and in case of any violation thereof the title to said premises shall, without entry or suit, immediately revert to and vest in the Grantor herein, its successors or assigns, and the conveyance here- under shall be null and void, and Grantor, its successors or assigns, shall be entitled to immediate possession of such premises and the improvements thereon; and no act or - 2 - omission upon the part of Grantor herein, its successors or assigns, shall be a waiver of the operation or enforce- ment of such condition. WITNESS MY HAND this day of , 1974. SIGNED AND DELIVERED in the presence of: ATTEST: City Secretary APPROVED AS TO LEGAL FORM: DAY OF , 1974: City Attorney ATTEST: CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager SOUTH TEXAS LIGHTHOUSE FOR THE BLIND By Secretary THE STATE OF TEXAS X COUNTY OF NUECES X 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 consider- ation therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 Notary Public in and for Nueces County, Texas • Corpus Christi, Texas is day of 19_z!�) 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 following vote: Jason Luby JZc- James T. Acuff Rev. Harold T. Branch l� Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales /J Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark