HomeMy WebLinkAbout03218 ORD - 03/04/1952r .
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
FOR AND ON BEHALF OF THE CITY TO ACQUIRE
LOTS NINE (9) AND TEN (10) IN BLOCK TWO (2)
OF ALTA VISTA CLIFFS ADDITION TO THE CITY
OF CORPUS CHRISTI, TEXAS, FROM GORDON BOONE
FOR STORM SEWER AND OTHER MUNICIPAL PURPOSES,
FOR AND IN CONSIDERATION OF SIX THOUSAND AND
SEVENTY ,ONE DOLLARS ,($6,071:00); AUTHORIZING
AND DIRECTING THE CITY MANAGER TO ACQUIRE
SAID PROPERTY BY DEED, A COPY OF WHICH IS
ATTACHED HERETO, APPROPRIATING A TOTAL OF SIX
THOUSAND AND'_SEIVENTY ONE DOLLARS ($6,071.00),
OF WHICH FOUR THOUSAND TWO HUNDRED AND FORTY
DOLLARS AND NINETY TWO CENTS ($4,240.92) IS
APPROPRIATED FROM NO. 295 IMPROVEMENT BONDS
1948 CONSTRUCTION FUND (STORM SEWER IMPROVE-
MENTS) AND ONE THOUSAND EIGHT HUNDRED AND
THIRTY DOLLARS AND EIGHT CENTS ($1,830.08)
FROM NO. 220 STREET IMPROVEMENT FUND, TO BE
PAID FOR SUCH CONVENIENCES; AND DECLARING AN
EMERGENCY.
NOW THEREFORE, 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
DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE
LOTS NINE (9) AND TEN (10), BLOCK TWO (2) OF ALTA VISTA CLIFFS ADDITION.
IN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE
USE OF THE CITY FOR STORM SEWERS, DRAINAGE AND OTHER MUNICIPAL PURPOSES FOR
AND IN CONSIDERATION OF THE SUM OF SIX THOUSAND AND SEVENTY ONE DOLLARS
($6,071,00) BY WARRANTY DEED INTHE FORM ATTACHED HERETO AND MADE A PART
HEREOF, OF WHICH SEVENTY ONE.DOLL-ARS ($71.00) IS TITLE EXPENSE.
SECTION 2: THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED
AND DIRECTED -TO DO ALL THINGS REQUISITE AND NECESSARY IN CONNECTION WITH
SAID ACQUISITION DESCRIBED IN SECTION 1 HEREOF.
SECTION 3: THAT THERE IS HEREBY APPROPRIATED SIX THOUSAND AND
SEVENTY•ONE DOLLARS ($6071.00), OF WHICH FOUR THOUSAND Two HUNDRED AND
FORTY DOLLARS AND NINETY TWO CENTS ($4,240.92) 15 APPROPRIATED FROM No. 295
IMPROVEMENT BONDS 1948 CONSTRUCTION FUND (STORM SEWER IMPROVEMENTS) AND
ONE THOUSAND EIGHT HUNDRED AND THIRTY- DOLLARS AND EIGHT CENTS ($1,830.08)
FROM N0. 220 STREET IMPROVEMENT FUND, TO BE PAID TO GORDON BOONE AS
CONSIDERATION FOR THE WARRANTY DEED CONVEYING THE LAND DESCRIBED HEREIN
TO THE CITY OF CORPUS CHRISTI, TEXAS.
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SECTION 4: THAT THE PUBLIC IMPORTANCE OF OBTAINING THE ABOVE
DESCRIBED LAND FOR STORM SEWERS, DRAINAGE AND OTHER MUNICIPAL PURPOSES,
AND IN THE INTEREST OF PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE PROVIDING 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, HAVING REQUESTED THE SUSPENSION OF SAID 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.
PASSED AND APPROVED THIS THE I DAY of ,
A. D. 1952. '
MAY
CITY OF CORPUS CHRISTI, TEXAS
TTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
9
THE STATE OF TEXAS, )
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES )
That I, GORDON BOONE, of the County of Nueces, State of Texas,
for and in consideration of the sum of Six Thousand and No/100
($6,000.00) DOLLARS, to me in hand paid by The City of Corpus
Christi have GRANTED, SOLD AND CONVEYED and by these presents
do GRANT, SELL AND CONVEY, unto the said The City of Corpus Christi
of the County of Nueces, State of Texas, all that certain tract
of land situated and being within the City of Corpus Christi,
in Nueces County, Texas, and described as follows:
Lots Nine (9) and Ten (10) in Block Two (2)
of Alta Vista Cilffs Addition, according to
the plat thereof filed and recorded in the
Map Records of Nueces County, Texas, in the
office of the County Clerk of said County.
Grantor acquired the above described land as a part of
his separate estate as follows. On November 15, 1932, Grantor
and Felix A. Raymer, practicing law as the firm of Boone and
Raymer, undertook to appeal for L. B. Griffith, et al, an ad-
verse decision of Nueces County District Court whereby L. B.
Griffith, et al, had lost title to the lots above described and
other lots similarly situated. The fee was contingent upon
complete success in establishing the title upon such appeal and
consisted of the lots (including those described above) which
are described in the deed executed by L. B. Griffith, et al, to
Gordon Boone and Felix A. Raymer, dated November 15, 1932, and
now recorded in Volume 218, Page 567, Nueces County Deed Records.
Said deed was placed in the manual control of Grantor but his
acceptance of delivery was only conditional, said Boone and
Raymer not being entitled to title, possession or any interest
in said property unless and until a decision was obtained giv-
ing full title to said clients. when Grantor herein became
certain that the Supreme Court of Texas had determined the matter
favorably, he made absolute his acceptance of the delivery of the
deed referred to above by filing it for record, May 4, 1936.
The wife of Grantor, Emma S. Boone, died June 18, 1933,
and their community property (even if the lots received at the
conclusion of the suit above described had been a part thereof,
which they were not) was much less in value than the community
debts which Grantor thereafter paid from funds of his separate
estate.
The warranty below set out does not cover or warrant
against any taxes which become a lien after December 31st, 1951.
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 The City of Corpus
Christi, its successors and assigns forever.And I do hereby bind
myself and my heirs, executors and administrators to WARRANT AND
FOREVER DEFEND, all-and singular the said premises unto the said
The City of Corpus Christi, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the sane
or any part thereof.
WITNESS, my hand at Corpus Christi, Texas, this 20th day of
February, A. D. 1952.
Gordon Boone /s/
THE STATE OF TEXAS, )
COUNTY OF NUECES ) Before me, the undersigned authority,
in and for Nueces County, Texas, on this day personally appeared
GORDON BOONE known to me to be the person whose name is subscribed
to the foregoing instrument, m d acknowledged to me that he
executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office, this 20th
day of February, A.D. 1952.
(Notary Seal) T. H. Burruss /s/
T. H. Burruss.
Notary Public in and for Nueces County,
Texas.
$6, 071.00 .01 ii/�iY�- -*- j
r I certify to the City Council that the money required
for the contract, agreements obligation: or expenditure contemplated
in the above and foregoing Ordinance is in the Treasury of the City
of Corpus Christi to the credit of No.
* *SEE BELOW
Fund from which it is proposed to be drawn and such money is not
appropriated for any other purpose.
i
'Director of Finance
** SEVENTY ONE DOLLARS C 0 1.00)I
A TOTAL OF SIX THOUSAND AND �� , T
APPROPRIATED AS FOLLOWS:
FOUR THOUSAND TWO HUNDRED AND FORTY DOLLARS AND NINETY TWO
CENTS ($4},240.92) APPROPRIATED FROM No. 295 IMPROVEMENT
BONDS 1P CONSTRUCTION FUND (STORM SEWER IMPROVEMENTS)
ONE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND EIGHT CENTS
($1,830.08) APPROPRIATEDFROM No. 220 STREET IMPROVEMENT
FUND
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Corpus Christi,,,,/ Texas
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TO TIE ME51BERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
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,
hereby request that you suspend said Charter rule or requirement and pass this
ordinance finally on the date it is introduced, or at the present meeting of
the City Council,
Respectfully,
��— d AA
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
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The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
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