HomeMy WebLinkAbout04135 ORD - 02/02/1955AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BE-
HALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT
WITH DON HOLDEN INC., THE SALE TO THE CITY FOR A
CASH CONSIDERATION OF $ 02.00, OF AN AREA OF APPROXIMATELY
216 SQUARE FEET AT THE INTERSECTION OF BORN AND SOUTH
CHAPARRAL STREETS, RECOGNIZING THE OWNERSHIP OF A SETBACK
STRIP ON THE EAST SIDE OF CHAPARRAL STREET NORTH OF BORN
STREET, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND
MADE A PART HEREOF; APPROPRIATING THE SUM OF $702.00 OUT
OF NO. 220 STREET BOND IMPROVEMENT FUND TO COVER SUCH
PURCHASE BY THE CITY; AND DECLARING AN EMERGENCY. y
WHEREAS, IT IS NECESSARY THAT THE CITY ACQUIRE FOR STREET PURPOSES
AN AREA OF APPROXIMATELY 216 SQUARE FEET AT THE INTERSECTION OF BOR14 A14D
CHAPARRAL STREETS FOR USE FOR STREET PURPOSES, AND AN AGREEMENT HAS BEEN
REACHED WITH THE OWNER OF SAID PROPERTY FOR THE ACQUISITION THEREOF:
NOVI, 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, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A CONTRACT OF SALE
WITH DON HOLDEN, INC., FOR THE ACQUISITION BY THE CITY OF THE AREA DESCRIBED
IN SAID SALE CONTRACT OF APPROXIMATELY 216 SQUARE FEET, FOR A CASH CONSIDERATION
OF $702.00, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART
HEREOF, AND TO DO SUCH OTHER ACTS AS MAY BE NECESSARY TO ACQUIRE SAID
PROPERTY FOR THECITY.
SECTION 2. THAT THERE IS HEREBY APPROPRIATED THC SUM OF $702.00
OUT OF NO. 220 STREET BOND IMPROVEMENT FUND TO COVER THE PURCHASE PRICE OF
SUCH PROPERTY.
SECTION j. THE NECESSITY FOR EXECUTING SAID CONTRACT WITH
DON HOLDEN, INC., FOR PUBLIC PURPOSES, 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 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, REQUEST114G THE SUS-
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PENSION 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 PA /SfS GE,OIT IS ACCORDINGLY PASSED AND
APPROVED, THIS THE •t DAY OF 1955•
MAYOR
THE CITY OF CORPUS CHRISTI, T XAS
ATTEST:
CITY SECR 71 ;7 7
APPROVED AS TO LEGAL FORM:
CITY TTORNEY
F
-2-
..
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, DON HOLDEN, 'INC., A CORPORATION ORGANIZED UNDER THE LAWS
OF THE STATE OF DELAWARE, WITH 'A PERMIT TO DO BUSINESS IN TEXAS, IS THE
OWNER OF ALL THAT CERTAIN TRACT OF LAND, TO -WITS
A PORTION OF THE BORN TRACT LYING WEST OF WATER STREET
IN'THE NORTHEAST PART OF THE J. P. SCHATZEL TRACT AND
BEING THE,SAME PROPERTY CONVEYED BY EARL S. GRAHAM AND
WIFE, LOUISE C. GRAHAM] TO GULF CHEVROLET COMPANY, A
CORPORATION, BY DEED DATED OCTOBER 29, 1947, AND RE-
CORDED IN VOLUME 381, PAGES 274_77, IN THE DEED RECORDS
OF NUECES COUNTY, TEXAS) AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, DESIRES TO USE A
PART AND PORTION OF SAID TRACT FOR PUBLIC PURPOSES AND THE CITY AND DON
HOLDEN, INC., HAVE AGREED UPON THE TERMS FOR THE USE OF SUCH PROPERTY BY
THE CITY.
NOW, THEREFORE, THIS INSTRUMENT DETAILS THE AGREEMENT ENTERED INTO
ON THE 2ND DAY OF FEBRUARY, 1955, BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION] ACTING BY AND THROUGH ITS DULY AUTHORIZED
OFFICERS, HEREINAFTER CALLED "CITY" AND DON HOLDEN, INC., HEREINAFTER CALLED
"CORPORATION ".
WITNESSETH:
CORPORATION AGREES TO CONVEY TO CITY BY WARRANTY DEED AN AREA OF
216 SQUARE FEET OF THE SOUTHWESTERN CORNER OF THE ABOVE DESCRIBED PROPERTY
FOR SEVEN HUNDRED AND TWO DOLLARS ($702.00) CASH, AND OTHER GOOD AND VALUABLE
CONSIDERATION, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DES-
CRIBED PROPERTY AT THE SAID POINT, BEING THE INTER-
SECTION OF THE NORTH PROPERTY LINE OF BORN AVENUE WITH
THE EAST PROPERTY LINE OF SOUTH CHAPARRAL STREET FOR
A PLACE OF BEGINNING;
THENCE IN AN EASTERLY DIRECTION ALONG THE NORTH PROPERTY
LINE OF BORN AVENUE N. 840 - 34' 30" E. THIRZEEN (13)
FEET TO A POINT;
THENCE AT RIGHT ANGLES IN A NORTHERLY DIRECTION 33.25
FEET TO A POINT IN THE EAST PROPERTY LINE OF SOUTH
CHAPARRAL STREET FOR A CORNER;
THENCE IN A SOUTHERLY DIRECTION ALONG THE EAST PROPERTY
LINE OF SOUTH CHAPARRAL STREET TO THE POINT OF BEGINNING.
THE CITY AGREES THAT PART OF THE CONSIDERATION OF THIS AGREEMENT
IS THE RECOGNITION OF THE RIGHT, TITLE AND INTEREST IN AND TO THE PROPERTY
OF THE CORPORATION HEREINABOVE FIRST DESCRIBED OTHER THAN THE RIGHT, TITLE
r
OR INTEREST IN AND TO CERTAIN STORM S9WERS AND PAVING HERETOFORE CONSTRUCTED
BY THE CITY PURSUANT TO AND IN ACCORDANCE WITH THE TERMS OF AN AGREEMENT
HERETOFORE ENTERED INTO BY AND BETWEEN THE CITY AND H. C. GILLESPIE, JR.,
ET AL, THE ORIGINAL OF WHICH INSTRUMENT 1S IN THE FIUS OF THE CITY OF
CORPUS CHRISTI AND IS IDENTIFIED BY ORDINANCE NO. 1887, AND WHICH AGREEMENT
13 MADE A PART HERE.
THIS CONTRACT SHALL BE BINDING UPON THE PARTIES HERETO, THEIR HEIRS,
i SUCCESSORS AND ASSIGNS.
WITNESS OUR HANDS AND SEALS, THIS THE 2ND DAY OF FEBRUARY, 1955.
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST: BY
'CITY MANAGER
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
DON HOLDEN, INC., SELLER
ATTEST:
SECRETARY
r t
I CERTIFY TO'THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACT, AGREEMENT, OBLIGATION2 OR EXPENDITURE CONTEMPLATED IN THE
ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OFF CORPUS
CHRISTI TO THE CREDIT OF No, -2U-0 ,�
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND -SUCH MONEY IS NOT APPROPRIATED
FOR ANY OTHER PURPOSE. v s
IRECTOR OP INANCE
1
CORPUS CHRISTI, TEXAS
195V
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHPISTIy TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOP. THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORD NANCE
O�z RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED,
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
,f THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID
CHAPTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE a
IT I: INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY.,
v ,
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
` F. P. PETERSON, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLP.OY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETER50N, JR. G..,.
D
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