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HomeMy WebLinkAbout04232 ORD - 06/01/1955FLT 5j27j55 AN ORDINANCE AUTHORIZING AND DIN LiTING TI'lf L'ITY fIA NAG ER FOR AND ON LiEHALF OF THE CITY OF CORPUS CHI'ISTI TO C01I'iPL'ETE THE PURCHASE 03- L01.12, BLOCK 64, BEACH PORTION ADDITION TO TH-- CITY OF CORPUS CIRISTI, NUECLS COUNTY, TEXAS, F(:QiS JCS GARCIA, IN ACCORDANCE WITH THE CONTRACT OF AUTFIORIZED UNDcH OizDINANCE NU. 4113; ACKN01- LEDGIHG THE RECEIPT OF THE SUF' C;F S6,900.00 FR011 NULCES COUNTY, TEXAS, FOR THE S=ULL ANOUNT OF THE PURCHASE PRICE OF SAID LOT; DIRECTING TH'E DEPOSIT 01= SAID SUk IN A SEPARATE FUND TO PL KN01-N P..S PdO. 1_15 'HIGH L.EVI_L DRIDGE STREET rtdG� T OF TY FURCF!AS_- FUND; AFFROPRIATING THE SUFI OF j6,575.00 -'ALANCE DUE ON THE FUI;CIIASE PRICE FOR SAID PROPERTY; DIRECTING THE —N— OUT OF SAID idO. 115 1''.IGH1LLVcL ;:i:IDGE STREET !TIGHT OF WAY PURCHASE FUND OF THE SUid OF w315.GG T0� E{HF;URSE 102 CUI'RENT FUND F_OR_ THE EARNEST HONEY _PA,Yi' NT PAI:T CF SAID FURCFIASE FR ICE PPitCPi.IATcD IIN SAID ORDINANCL NO. 41-33; iaUTHORIZING AND DIRECTING THE CITY I";ANAGLi: IC XECUTE FOR AND ON DEHAL1 CF THE CITY A G''-I ±IEi AL IIARi?ANTY DEED FROi THE CITY TD TEXAS AND NEW OhLcAhlS I:AILRO.yU C014PAN`l, A COFY OF ',-HIGH IS ATTAGi-IED HER ETU ANT? iv, AD A FART 11&ZOF; SAID D '='ED TO LE D LIV£i;'EU TO 19UECES AESTRACT AND TITLE C01'.FANY IN ESCfO'I:' TO be DcLIVbi ED TC THE GI�ANTEL UPON DI:icCTliili C'F TFIL PROI'L 0FFICLRS OF THE CITY OF CORPUS CIIitISTI AIVD NUECLS COUNTY; AND DECLARING AN L!.LE,,GEI,ICY. u'!11 tit L /-', S, THE CITY OF GOrIPUS CHRISTI, BY CHDINAPJCE f�0 41117 ENTERED INTO AN AGREEMENT FOR THE PURCHASE OF LOT 12, 1'1-OCK 64: LEACH PORTION ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COMITY, TEXtiS F�:OM JOE GAHCIiy FOR THE TOTAL PURCHASE PRICE OF :;,6,900.00 OF WHICH SUN, 1J .00 VAS APPROPRIATED HY SAID OPDlNANCE OUT OF 102 CURRENT FUND FOR 'EARNEST MONEY UNDER THE TERMS OF THE SALES CONTRACT; AND d1= L;caS, SAID PURCHASE WAS NEGOTIATED FO(: THE PURPOSE OF ACCUIRING SAID LAND IN CONNECTION WITH THE ACPUISITIOH OF LANDS FOR TFI.: SITE OF THE CONTEMPLATED HIGH LEVEL. VEHICULAI', CHAJNEL CFEOSSIPIG BRIDGE AND RLI-OCAT'ION OF RAILROAD PIOPERTIES INCIDENT TO SUCH PROJECT; AND WI-IiRLAS, THE COUNTY OF NUECES HAS PAID TO THE CITY THE FULL PUR- CHASE PIe IC�: OF 16,900.00 FOIL SAID PROPERTY DLSCIlIOED IN SAID SALES CONTRACT AND HAS DIRECTED THAT THE CITY COMPLETE THE PUURCHA5E OF SAID PROPERTY AND EXECUTE ITS DEED TO THE SAID TI.:XAS AND NEW ORLEANS RAILROAD COMPANY TO BE FIELD IN _.SCROW PENDING COMPLETION OF OTHF:I-t PHASES OF SAIL) PROJECT: NOW, THE ?EFORE, BL IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE iITY I'IANAGE^ FOR AND ON GEHALF OF THE CITY OF CORPUS CHRISTI -E, AND HL IS HEREE'.Y AUTHORIZED AND DIRECTED TO COMPLETE THd PURCHASE OF LOT 12, BLOCK 64, "EACH PORTION {i DDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM JOE GARCIA, IN ACCORDANCE WITH THE CONTRACT OF SALE AUTHORIZED BY ORDINANCE N0. 41L3, THL ENTIRE PURCHASE PRICE OF X6,900.00 HAVING BEEN RECEIVLD FROMI NUECES COUNTY AND DEPOSITED IN CITY FUND NO. 115 HIGH LLVEL BRIDGE STF "EET RIGHT OF WAY PURCHASE FUND. SLCIION L. THAT THERE 15 HER'L!sY AF'PF�OPRIATED THE SUTA OF :;,6,585.00 OUT OF NO. 115 HlGhi LEVEL 2RIDGE .STREET ZIGHT OF WAY PURCHASE FUND, BEING THE BALANCE DU'L ON THE PURCHASE PRICE FOR SAID PROPERTY. SECTION 3. THAT 102 CURRENT FUND IS HE'iEEY RE11'.IBURSED THE SUM OF BEING THE EARNEST MONEY PAYMENT ON SAID PURCHASE PP.ICE APF'�O- PRIATEU IN SAID ORDINANCE N0. 4133. SECTION 4. THAT THC i,ITY MANAGER 15 HEREBY AUTHORIZED AND DIP,'— L:CTED FOR AND ON BEHALF OF THE CITY OF CORPUS CFIRISTI TO EXECUTE A GEN'..RAL WARRANTY DEED CONVEYING LOT 12, BLOCK 64, SEACH PORTION ADDITION TO TFIE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS TO TEXAS AND NEW ORLEANS ;:AILIiOAD GOMPANY, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 5. THAT THE CITY `!'TANAGER IS HEREBY AUTHORIZED AND DIR- ECTED TO PLACE SAID DEED AUTHORIZED TO EE EXECUTED UNDER SECTION 4 HERE- OF WITH NUECES Ab5TRACT AND TITLE COMPANY OF CORPUS CHRISTI, TEXAS, TO SE HELD IN ESCROYJ BY SAID COMPANY SUBJECT TO THE JOINT CONTROL .AND DIRECTION OF THE CITY OF CORPUS CHRISTI AND NUECES COUNTY, TEXAS. 5,.GT ION 6. THE NECESSITY FOR COMPLETING THE ACQUISITION OF LANDS FOR THE SITE OF THE CONTEMPLATED HIGH LEVEL VL:HICULAR CHANNEL CROSS- ING BRIDGE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECIL551TY REQUIRING THL SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RCSOLU- TION 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 —2— TO EXIST, HAVING REG,�UESTED THE SU5PENSION OF SAID CHAPTER RULE AND THAT THIS ORDINANCE CE PASSED FINALLY ON THE DATE OF ITS INTkODUCTION AND TAKE EFFECT AND Oc IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 'ED,p,Y OF JUNE, 1955. hL�YC° THr CITY Cc CORPUS CHRISTI, 1'�XAS ATTEST., CITY SECRETG , _ - APPRMED S T &L-G'AL" OFRh: U I l' Y />-T TOIt N E Y WARRANTY DEED THE STATE OF TEXAS Q KNOW ALL MEN LY THESE PRESENTS: COUNTY OF NUECES Q THAT THE CITY OF CORPUS CHRISTI, ACTING BY AND THROUGH ITS CITY MANAGER, DULY AUTHORIZED TO ACT, FOR AND IN CONSIDERATION OF TL.N ($10.00 DOL.ARS, AND OTHER GOOD AND VALUABLE CONSIDERATION TO IT IN HAND PAID BY TEXAS AND NEW ORLEANS RAILROAD COMPANY, RECEIPT OF WHICH 1S HEREBY ACKNOW- LEDGED, HAS GRANTED, SOLD AND CONVEYLO, AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEY. UNTO THE SAID TEXAS AND NEW ORLEANS RAILROAD COMPANY ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS F -OL OWS, TO -WIT: LOT 12, ILLOCK 64. EEACH PORTION ADDITION TO THE CITY OF CORPUS :;HRISTI, NUECES COUNTY, TEXAS, TO HAVE AND TO HOLD THE A!'OVE DESCRIBED PREMISES, TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISE, BELONGING UNTO THE SAID TEXAS AND NEW ORLEANS HAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS FOR- EVER. AND THE CITY OF CORPUS CHRISTI DOES HEREBY EIND ITSELF, ITS SUCCESSORS AND ASSIGNS, TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PRE- MISES UNTO THE SAID TEXAS AND NEW ORLEANS RAILROAD COMPANY. ITS SUCCESSORS AND ASSIGNS, AGAINST EVERY PERSON WHOMSOEVER, LAWFULLY CLAIMING OR TO CLAIM THE SAME, OR ANY PART THEREOF. WITNESS ITS HAND, THIS THE DAY OF JUNE, 1955. CITY OF CORPUS CHRISTI, TEXAS EY ATTEST: RUSSELL E. MCCLuRE. CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY THE STATE OF TEXAS Q COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PER50NALLY AP- PEARED RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE MA'E 15 SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT AND DEED OF SAID CITY, AND THAT HE EXECUTED THE SAME A$ THE ACT AND DEED OF SAID CITY FOR THE PURPOSES AND CONSIDERATION THERE- IN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF JUNE, 1955. NOTARY PUBLIC IN AND FOR NUECES COUNTY TEXAS ,fr.Y '17, 1955 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. 115 NIGH LFVeL IiR IDGL STF. EET RIGHT OF 'WA.Y PURCHASE FUNC FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. — 44" DIRECTOR OF FINANCE CORPUS CHRIJ9y TEXAS 1955 /f Gtr TO THE MEMBERS 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 OROtNANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 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 CR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR-' THE Clr OF CORPUS CHRIST§,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL Do SMITH MANOR CULLI W. J. ROBERTS D. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. U. ROBERTS B. E. BIGLER MANUEL P. MALDONADO �1�3�