HomeMy WebLinkAbout04735 ORD - 01/30/1957AN 01?DIIIAi!CE
``,UTHO,; l L I NG AbID THE CITY ;dANA-,EI, TO ACQU I i;E
71-7-5 A,Cf;E OF LAND RHO!, THE FOLLO'v4I1JG: ED'e:111 FLATO,
6:UAP.iIdTY TITLE a TRUST CO'1PAIlY, ET AL, FRED FLAT() Ai,!D
11MBE2T FLATO, 70 ;',CRES; GUARANTY TITLE AND TRUST COMPAI'.'Y,
ET ;':L, jl ACRES; A. J. HOELSCHLI l,, 213 ACi cS; F. B.
SEC IPIST,��'�70 ;1CRES; AND RAP -iD i•'10R','AH, j'2.� ACRES, AND
TO EXECUTE FOR AND OPl 3—HALF OF THE IE CITY OF CORPUS
CHRISTI A CONTRACT TO PURCHASE IrlITII EACH OF SAID LAND
OWNERS FOR THE RESPECTIVE PORTION OF SA10 LAND DES -
CRIBED lid SAID OPTION AGREEP9EhJTS 4d1TH THt IC
II IiJ
THE CITY TO DETERPI I NE BY SURVEY THE JU,C AREA NECESSARY
hPJD PROPER FOR USE AP, A PART OF THE HE,/ Full ICIPAL AIR-
PORT SITE, A SUBSTANTIAL COPY OF SUCH F071 OF P RCH S-
CONTRACT BEING ATTACHED HERETO ;,ND MADE A. PART HEREOF;
APPROPRIATING THE SUM OF *7,!102,656.75 OUT GF NO. 2�'5
A I RPOP,T BOND I MPROVEP1E1� FUND BE I PIG TFIE SALANC OF THE
CGDITO- ?PLATE`_) PMCN SE PRICE OF SAID REoPECTIVE TRACTS OF
LAID; A.ND DECLARING AN' Ei,i7j =NCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHH -16TI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER 6E, AND HE IS HEREUY AUTHORIZED
AND DIRECTED TO ACQUIRE APPROXIMATELY 1418.5 ACRES OF I_AND, FOR USE AS A
PART OF THE NEW MUNICIPAL AIRPORT SITE, FROIh1 THE FOLLOWING LAND OWNERS:
;dAi,IE ACMES TOTAL PURCHASE PRICE
EDWIN FLATO, GUARANTY TITLE
L TRUST CO., ET AL, FRED
FLATO AND ROCERT FLATO 70 ACRES v ;1,250 PER ACRE :n 07,500.00
GUARANTY TITLE AND TRUST p
CO., ET AL _1� ACRES :;000.00 PER ACRE 21:1,700,00
A. J. HOE�LSCI -IER 210 ACRES 'a y11250 PER ACRE 266,250.00
F. d. T;ECHRIST 470 ACRES 0 yi550 PER ACRE 4140,500.00
h: "•D iO P,G AH ;52.5 ACRES ;450 PER ACRE j314, 575.00
I1
TOTAL PURCHASE PRICE. ",1,416.825.00
SAID LAND JEIIv3 THE SANE LANND AS THE PROPERTY REFERRED TO IN ORDINANCE NO.
! AHD TO EXECUTE FOR AND 01: :3EHALF OF THE C CHRISTI, CDN-
'�IJo , CITY OF CORPUS
TRACTS WITH SAID LAND OWNERS TO PURCHASE FOR THE CITY THE: RESPECTIVE PORTIONS
OF SAID LANDS DESCRIBED IN SAID OPTION AGREEHENiTS, WITH THE RIGHT IN THE CITY
TO DETERAH NE jY SURVEY THE EXACT AREA NECESSARY AND PROPER FOR USE AS A PART
OF SAID NEW MUNICIPAL AIRPORT SITE, A SU3STANTIAL COPY OF SUCH FOR14 OF PUR-
CHASE CONTRACT DEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THERE IS HERESY APPROPRIATED THE SUM OF 1,4021656.75
OUT OF NO. 24j AIRPORT BOND IMPROVEMENT FUND, (PROJECT 10- 56- 2- LAND),_3EING THE
CALANCE
_ r
OF THE CONTEMPLATED PURCHASE PRICE OF SAID RESPECTIVE TRACTS OF
LAND,
SECTION 3. THE NECESSITY FOR ACQUIRING PROPERTY FOR USE
AS A PART OF THE NEW MUNICIPAL AIRPORT SITE CREATES A PUBLIC EMERGENCY AND
PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRO-
DUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEV-
ERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT
SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECE55ITY EXIST, AND HAVING
REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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 / O DAY OF JANUARY, 1957.
MAYOR
THE CITY OF CORPUS CHRISTI,TEXAS
ATTEST, --�
CITY SECRE AR;
APPROVED &S TO LEGAL FORM
JANUARY Q , 1957:
CITY ATTORNEY
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS ]
COUNTY OF NUECES ]
THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN
HEREINAFTER CALLED. SELLERS, OF THE COUNTY OF , STATE OF TEXAS,
AND THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED PURCHASER, OF THE COUNTY
OF NUECES, STATE OF TEXAS, WITNESSETH-
1, THE SELLERS, FOR THE CONSIDERATION AND UPON THE TERMS HERE-
INAFTER SET OUT, HEREBY AGREE TO SELL AND CONVEY UNTO PURCHASER, AND PUR-
CHASER AGREES TO BUY, THE FOLLOWING DESCRIBED PROPERTY SITUATED IN NUECES
COUNTY, TEXAS, TO -WIT.'
2. THE PURCHASE PRICE 15
DOLLARS, WHICH THE PURCHASER AGREES TO PAY SELLERS, AS FOLLOWS:
3. AS EVIDENCE OF TITLE TO SAID PROPERTY. SELLERS AGREE TO
FURNISH PURCHASER AN ABSTRACT OF TITLE TO SAID LANDS FROM THE SOVEREIGNTY
OF THE SOIL DOWN TO DATE, AND PURCHASER SHALL HAVE FIFTEEN (15) DAYS FROM
THE DELIVERY OF SAID ABSTRACT OF TITLE WITHIN WHICH TO HAVE SAID ABSTRACT
EXAMINED AND TO FURNISH SELLERS WITH A STATEMENT IN WRITING OF ANY DEFECTS
IN OR OBJECTIONS TO SAID TITLE WHICH SUCH EXAMINATION MAY HAVE DISCLOSED,
SELLERS SHALL THEREUPON HAVE FIFTEEN (15) DAYS IN WHICH TO CURE SUCH DE-
FECTS AND TO COMPLY WITH SUCH OBJECTIONS SO AS TO MAKE TITLE GOOD AND MER-
CHANTABLE, AND WHEN THIS SHALL HAVE BEEN DONE, SALE OF PROPERTY SHALL BE
PROMPTLY CONSUMMATED, SO AS TO COMPLETE THE SALE WITHIN 120 DAYS FROM THE
DATE HEREOF. BUT IF SELLERS SHALL BE UNABLE OR UNWILLING TO CURE THE DE-
FECTS POINTED OUT AND OBJECTIONS RAISED WHICH PREVENT THE TITLE FROM BEING
GOOD AND MERCHANTABLE, THEN THEY MAY AT THEIR OPTION DECLARE THIS CONTRACT
CANCELLED, RETURN EARNEST MONEY TO PURCHASER AND ALL OBLIGATIONS OR LIABILITY
ON THE PART OF BOTH THE SELLERS AND THE PURCHASER SHALL THEREUPON TERMINATE,
UNLESS PURCHASER SHALL ELECT TO WAIVE THE DEFECTS OR OBJECTIONS RAISED AND
ACCEPT TITLE AS SAME IS. SHOULD IT DO THIS. THEN THE SALE SHALL BE PROMPTLY
CONSUMMATED BY BOTH PARTIES WITHOUT FURTHER UNNECESSARY DELAY.
4. SELLERS AGREE, UPON APPROVAL OF SAID TITLE BY PURCHASER,
TO CONVEY SAID LAND TO PURCHASER BY GOOD AND SUFFICIENT GENERAL WARRANTY
DEED SUBJECT TO MINERAL RESERVATIONS AND OTHER SPECIAL PROV15IONS HEREIN-
AFTER SET OUT.
5. IT IS AGREED AND UNDERSTOOD THAT SELLERS DO HEREBY RESERVE
AND RETAIN UNTO THEMSELVES. THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND EXCEPT
FROM THE CONVEYANCE ALL MINERALS AND RIGHTS IN ALL MINERALS IN, UNDER AND
- 2 -
THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED PROPERTY FOR A PERIOD OF
TWENTY (20) YEARS FROM AND AFTER THE DATE OF THE CONVEYANCE. AND FOR AS
LONG THEREAFTER AS PRODUCTION OF OIL, GAS OR OTHER MINERALS CONTINUES,
UNDER THE TERMS OF LEASES NOW EXISTING OR LATER MADE ON THE PROPERTY WHICH
IS CONVEYED TO PURCHASER UNDER THE TERMS HEREOF, AND AS LONG AS PRODUCTION
CONTINUES FROM WELLS DRILLED OR OPERATED BY SELLERS THEMSELVES. ANY NEW
LEASES AND ANY CONTRACTS FOR MINERAL DEVELOPMENT BY SELLERS, MADE AFTER
THE DATE OF THE CONVEYANCE, SHALL EXPRESSLY PROVIDE THAT THERE SHALL BE
NO DRILLING OR EXPLORATION IN VIOLATION OF CIVIL AERONAUTICS AUTHORITY
REGULATIONS NOW OR HEREAFTER EFFECTIVE AS TO MINERAL DEVELOPMENT ON COM-
MERCIAL AIRPORTS, AND ANY SUCH WELLS DRILLED IN'THE FUTURE ON THE ABOVE
DESCRIBED LAND SHALL BE LOCATED SO AS NOT TO INTERFERE WITH AIRPORT IM-
PROVEMENTS WHICH MAY BE PLACED ON SAID LAND BY THE PURCHASER; HOWEVER, PUR-
CHASER SHALL ALLOW MINERAL DEVELOPMENT BY SELLERS, THEIR LESSEES, HEIRS,
SUCCESSORS AND ASSIGNS BY DESIGNATING LOCATIONS FOR WELLS WHICH W14L PER-
MIT MINERAL DEVELOPMENT AND YET NOT HINDER OR OBSTRUCT PROPER USE OF SAID LAND
FOR MUNICIPAL AIRPORT PURPOSES. ANY NEW LEASES OR CONTRACTS FOR MINERAL EX-
PLORATION AND DEVELOPMENT BY SELLERS SHALL PROVIDE FOR COMPENSATION FOR
DAMAGE TO SURFACE, CROPS AND IMPROVEMENTS WHICH MAY BE CAUSED BY MINERAL EX-
PLORATION OR OPERATIONS.
6. IT 15 AGREED AND UNDERSTOOD FURTHER THAT THE CONVEYANCE SHALL
BE MADE SUBJECT TO ALL EASEMENTS OF RECORD OR EXISTING BY VIRTUE OF THE
TERMS OF ANY PRESENTLY EXISTING OIL AND GAS LEASE.
7. ALL TAXES TO INCLUDE THE YEAR 1956 SHALL BE PAID BY SELLERS;
TAXES FOR THE CURRENT YEAR, AND INSURANCE, IF ANY, SHALL BE PRORATED TO DATE
OF CLOSING.
B. PURCHASER HAS HERETOFORE PAID TO SELLERS THE SUM OF
DOLLARS AS EARNEST MONEY HEREUNDER TO BE APPLIED ON THE
CONSIDERATION ABOVE SET OUT WHEN DEAL IS CLOSED, AT WHICH TIME THE BALANCE
OF CONSIDERATION SHALL ALSO BE PAID. SHOULD THE PURCHASER FAIL TO CONSUMM-
ATE THIS CONTRACT AS HEREIN SPECIFIED FOR ANY REASON, EXCEPT TITLE DEFECTS,
SELLER SHALL BE ENTITLED TO RETAIN CASH DEPOSIT AS LIQUIDATION DAMAGES FOR
millcm
9
D
BREACH OF THIS CONTRACT.
9. PURCHASER AGREES TO ACCEPT TITLE SUBJECT TO ALL RESTRIC-
TIVE COVENANTS AND USE LIMITATIONS, IF ANY, OF RECORD, AND ALL CITY ZONING
AND REGULATORY ORDINANCES, IF ANY, APPLICABLE TO SAID PROPERTY.
10. THIS DEAL SHALL BE CLOSED 120 DAYS FROM AND AFTER THE
DATE HEREOF, AND POSSESSION IS TO BE GIVEN ON CLOSING DATE.
11. IT 1$ FURTHER AGREED AND UNDERSTOOD BY AND BETWEEN" SELLERS
AND PURCHASER THAT SELLERS SHALL BE GIVEN AND ARE IN SAID DEED TO BE GRANT-
ED THE LEASEHOLD. ICIGHT AND PRIVILEGE OF FARMING THE LAND DESCRIBED IN THE
CONVEYANCE HEREINABOVE MENM:ONED, FOR A MINIMUM PERIOD OF FIVE (5) CROP
YEARS FROM AND AFTER THE END OF THE CURRENT CROP YEAR. ON OR ABOUT OCTOBER
1, 1957, OR UNTIL AN EARLIER TERMINATION DATE IF AND WHEN PURCHASER DEMANDS
POSSESSION OF SAID LAND OR PART THEREOF SUCH AS IS REQUIRED FOR ACTUAL CON-
STRUCTION OF MUNICIPAL AIRPORT IMPROVEMENTS.
12. THE TOTAL RENTALS WHICH SHALL ACCRUE TO THE LAND OWNERS FOR
THE CURRENT CROP YEAR SHALL BE PRORATED BETWEEN THE PURCHASER AND SELLERS
AS OF THE DATE OF CLOSING, AND RENTS FOR SUBSEQUENT CROP YEARS ,AFTER OCTOBER
1, 1957, SHALL BE PAID TO THE PURCHASER ON THE BASIS OF THE ATTACHED CON-
TRACT. IN THE EVENT POSSESSION IS TAKEN BY THE CITY AT SUCH TIME, OR TIMES,
AS PREVENTS SELLERS OR THEIR LESSEES OR TENANTS FROM HARVESTING ANY CROPS
THEN GROWING OR IN PROCESS OF CULTIVATION, THE SAID CITY OF CORPUS CHRISTI,
PURCHASER, UNDER THE TERMS HEREOF, SHALL PAY TO SELLERS OR THEIR LESSEES OR
TENANTS REASONABLE COMPENSATION FOR DAMAGES CAUSED TO ANY SUCH CROPS, IF GROW-
ING AND THE COST OF PREPARATION OF THE LAND IF PREPARED FOR CROPS.
ATTEST:
CITY SECRETARY SELLERS
CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM
THIS DAY OF , 1957: BY:
CITY MANAGER
PURCHASER
CITY ATTORNEY
r
f — I:p !
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTI AGREEMENTS OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE
ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS
CHRISTI TO THE CREDIT OF N0. °7 J M a'..i4/r1�tLfp /!.„ i/"r."i"✓i/.!'� ";i%.:Rr9a'"�
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED
FOR ANY OTHER PURPOSE.
DIRECTOR OF FINANCE
CO PUS CHRISTI. TEXAS
195/6
r
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF: -TNE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF TNE CITY
COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
GL ��7N-
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY TNE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
MINOR CULLI
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PA55ED BY THE FOLLOWI11F6 VOTE:
FARR4), ,,(I. SMITH
N. J. ROBERTS
MINOR CULLI LLJ
B. E. BIGLER 11_
MANUEL P. MALDONADO )
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