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Home My WebLink About05256 ORD - 02/04/1959IMS:JKH:2 -3 -59 -' r � AN ORDINANCE AUTHORIZING AND DIRECTXNG THE*CITY MANAGER TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE ALL' OF LOT 2, SECTION 4, OF THE FLOUR BLUFF` AND ENCINAL FARM AND GARDEN TRACTS, SAVE AND EXCEPT THE SOUTH 37 1/2 FEET HERETOFORE CONVEYED TO NUECES COUNTY, TEXAS, FROM MRS. AUGUST MEINRATH ET AL, SAID PROPERTY,TOTALING 19-13 ACRES TO BE USED FOR A WATER RESERVOIR SITE, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING FROM NO. 202, WATER SYSTEM BOND FUND THE SUM OF 28,995.02 OF WHICH $28,695.00 IS FOR THE PURCH SE OF THE LAND ABOVE DESCRIBED MD $300.00 IS FOR TITLE EXPENSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AUTHORIZED AND DIRECTED TO'EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE ALL OF LOT 2, SECTION 4, OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAVE AND EXCEPT THE SOUTH 37 1/2 FEET HERE- TOFORE CONVEYED TO NUECES COUNTY, TEXAS, FROM MRS. AUGUST MEINRATH, ET AL, SAID PROPERTY, TOTALING 19.13 ACRES, TO BE USED FOR A WATER RESERVOIR SITE, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE IS HEREBY APPROPRIATED THE SUM OF $28,995.00 OUT OF NO. 202, WATER SYSTEM BOND FUND, OF WHICH $28,695.00 15 FOR THE PURCHASE OF 19.13 ACRES OF LAND, ABOVE DESCRIBED, TO BE USED FOR A WATER RESERVOIR SITE, PROJECT No. 7 -53 -3, AND $300.00 IS FOR TITLE EXPENSE. SECTION 3. THAT THE NECESSITY FOR IMMEDIATE ACQUISITION OF THE PROPERTY FOR THE PURPOSES DESIGNATED IN SECTION 1 HEREOF 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 ORDI- NANCE OR RESOLUTION SHALL SE READ AT THREE SEVERAL MEETINGS OF THE Y .f � � R 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 THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO PASSED AND APPROVED, THIS THE__� DAY OF FEBRUARY, 1959- THE CITY OF CORPUS CHRISTI, TEXAS ATTES CITY SECRETAR- Y APPROVED AS TO LEGAL FORM THIS THE 3RD DAY OF FEBRUARY, 1959= CITY ATTORNN_EYY"A-'` REAL ESTATE SALES CONPRAM THE STATE OF TEXAS Comm OF VJECES j This memorandum of rgreemont made and entered into by and between: Mrs. August Meinrath - 608 W. Archer, Beeville, Texas AUSIst a. Meinrath - 1480 E, 34th Street, Pensacola, Fla, Mrs. F. J. Grose - 840 Jamaica Place, Florissant, Mo. Mrs. Robert R. Johnson - 809 6th Street South, Virginia, Minnesota hereinafter called Sellers, of the County of Beep State of Texas; Pensacola Florida; Ploriesant, Missouri; end, Virginia tinnesota respectivelyf and the City of Corpus Christi, hereinafter called Buyer, of the County of iluecee, State of Texas. W I T N E S S E T H 1. The Balers, for the consideration and upon the terms hereinafter set out, hereby agree to Sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to wit: All of Lot P, Section 4, of the Flour Muff and Encine]. Farm and Garden Tracts as shown by plat of record in Vol. A, Page 43 of the rap records of Nueces County, Texas, save and except the south 37A ft. heretofore con- veyed to Nucees County. 2. THE PURCHASE PAOCE 03__jA28.695.00I.Twmty- EiajOt °j� FAT 3. THE BELCHES SHALL PROP BDE, /E s�i ISE �r£19J. FOR TH ■ENE+ FIT Of THE BUYER, A TOTLE INSURANCE POLICY, WITNOUT OCEPTIONS TO SAID TITLE atINY MADE IN SAID TITLE POLICY. WHICH POLICY SMALL WHOLLY INSURE AND IN- OgMM/FY THE BITTER A4IAIIIST ANY TITLE DEFECTS OR ADVERSE CLAIMS THERETO. $##D TITLE INSURANCE POLICY $NALL BE ISSUED THROUlto A RELIABLE TITLE INSURANCE COMPANY AND SHALL DE DELIVERED TO THE BUYER ON THE DATE OF THE CLOSING OF THIS DEAL. 4. UPON THE SECURING OF THE TITLE INSURANCE POLICY PROVIDED FOR HEREIN. SELLERS AGREE TO DELIVER A OOOD AND SUFFICIENT GENERAL WARRANTY DEEDIrepare8 by Purchaser ORAMPI IN ACCORDANCE WITH THE PROV /SOON. OF THIS CONTRACT, PROPERLY CON - VEYI" SA'BD PROPERTY TO SAID BUYER, AND BUYER AOREES THEREUPON TO MAKE THE CASH PAYMENT. w 1 5. ALL TAXES TO at PAOD BY SELUXAS UP TO ACID &INCLUDING TMF -YEAR 195181 B. ALL CURRENT' TAMES, 9,9SURA9IGE. RENTS, AND INTEREST, IF ARV. ARE,TO`29 PRORATED`SETSISEN THE aUYER•AND SELLERS 'FOR THE YEAR I" 'JO DATE of-CLOSING, EXCEPT AS MAY'SE' :NtRE•IN OTNCRNISB PROVIDED. 7. BUYER HAS'THIS DAY•OHPOSITED WIVH'TNE TITLE INSURANCE COM- PANY OR TITLE GUARANTY ClIkPANY THE'SU* OF l �r� DOLLARS „AS EAkNEST NONCVNEREUNDER TO BE APPLIED ON THE CASH PAYMENT ABOVE BET OUT WNEN,DEAL IS CLOSED. AT WHICH TIME THE BALANCE Of CASH CONSIDERATION SHO16L ALSO 1iB PAID. SHOULD THE BUYER FAIL TO CONSUNATE THIS CONTRACT AS NEREdN SPEctftEo'Foil ANY REASON, EXCEPT TITLE OEFECTS, THE SELLERS SMALL at EN+ IITLSD TO RECEIVE SAID'CASH DEOOBIT AS LIQUIDATED DAMAGE* FOR THE BRoOH `OF'TH13 CONTRACT, OR MAY AT TNEIR OPTION,ENfORCE SPEOIFIQ,PERHOGMANCE HtRtDFo AXII TINE EXICCS"gD vftO.AND''ANY OTHER NECESSARY ;EXECt /FEtrrd,PERS ANA• 2 — .0 TH6 {ALANC£ DF TNt CASH fAYMtMT ARS'. IM POSOUSS /ON Of THE TITLE IRfURAgICt COMPANY OR TITtt GUARANTY COMPANY SAID TITLE COMPANY SPILL CLOSE THE DEAL IN ACCORDANCE WITH ITS USUAL AND CUSTOMARY PROCEDURE. IN THE EVENT SELLERS , PAIL TO TENDER A OEED CONVEYING SAID PROPERTY IN ACCORDANCE WITH THE TERMS Of THE CONTRACT WITHIN THE TIME PROVIDE* HEREIN THE BUYER MAY ENFORCE PER - FORIIANCE Of THIS CONTRAST SY ENACTION FOR SPECIFIC PERFORMANCE THEREOF. 9.L THt BUYER AGREES TO ACCEPT TITLE SUBJECT TO ALL OUTSTANDINO t RESTRICTIVE COVENANTS AND USE RESTRICTIONS, IF ANTI OF RECORD/ AND ALL CITY ZONING AND REGULATORY OR*IMANCES. IF ANY, APPLICABLE TO SAID PROPERTY. 9. - ... • ��TA$&EttERi.1A�w1 RAVereNTi�erau ¢-- ery- _��ae�ekar�GpMa 8.11r.ASL-Ia H� 9'NEflittYtS1iI:OAlti lllAO �ybN.-0.I�UIE+ .IxszMERe•r- •••= �•,�*�•e -- - - ►9In>crsersr -- - -- - IM!iC71RE11 1+ 7. �i;Ni'.fsrfAFtsAltOa14�I�EIKMT� Iq�N1N =N•(9D:j�PA EA:t1'URE3'Ai�ISELL;RSsT44 • CiIA' SERaT-0 aI[ iMO1tE�AANOQYLif1�; �It�COKa1ttMQ .lfUltsRROMstM30N11A>•s 10. IT 14 UN,jVKS*T000 BY All PART 1 EA ".WIFTO THAT TM 16 DEAL 16 , TQ�BaE CLOSED THROUGH, TOM TIT% INNMANCE COMPANY ON TITLE GY.%WTV COMPANY ON OR. BEFORE. SIXTY ("), DAY& MOM, TIIIS DATE. �(6fgTED IN TRIPLIJAT.E., E /THE.` COr11 On 1jKI.q$ SIJALL.00MSTFTII%l AfT4Ts il#8. At>GiT9P BFI ?AT$P A WXDW q,J�4 CITY ECRRTARY E6 ARlR.OYEQ - AS.TO LEGAL FORN, THIS Ca TY Of CORPUS CHRIST[, TfIIATa DAY.OF 0 1958: pow Tar .TTORNCY � BuvEI3'- �_�.,,°�,,'�•sai .. �•.rz,I,�:' -' _.:- -... ,s,,;, „�'=o. .� . 'fit= �;,-- �"�` -•_ ,,;��,.?�= '�"`'�- �__,;, � 5- ..� I ry ;_�� %'R'�1,�I; y°,',-''��sc � ✓. - �PS1b-;�.,'e •'� 1 -� _., y„1• .'�•,R' �„ ,�: - t..�tx.'°�� _,.�.a. '--.�. _ - i+�:i:+i.v.'�'+:r�...�• _.:,°_'i�,F, : �,�.,.w.� r .,._ `"- '^'f'�+ " ''�i_ +� .Y� -�-�_` r• ^•sue " ... ,. 3_' � t j WOO u. i THE srM Or BUSSOURI o MW Pip The underaigned authority, on this day personaW appeared his wife, wife, known to we to r Ma persona chose names are subscr bed to the foregoing in- strument, and the said acknowledged to me that he executed the cams for the purposes and consideration therein expressed. And the said . we of the said _ _ _. haViaag been r; mined by to privily and OUt from hrx husband, and having the same fully explained to her, she, the said I knowledged such instrument to be her act and deed, mid declared that she had w ++d-e- ?y signed the same for the purposes and consideration therein expressed, and that she did not uiah to retract it. QIi MW W AW ADD SEAL OF OMLvg, this the � day of • 195 PubliO in M for county, mesouri TEE SPATE of mnumwz& CmWr OF Bt. LOM BE= Wj The undersigned authority, on this day personally eppeared and his Wife, ME to me to be the persona whose acmes are subscribed to the foregoing in- strument, and the said acknowledged to me that he executed the same for tho purposes biA consideration therein expressed. And the said We of the said _ ^ ,.. wing having been examinefl me privily and apart from her husband, and having the same fully e3yIal ed to her, she, the said ac- knowledged such iustrumcnt to be her act and deed, and declared that she ing- ly signed the same for the purposes and consideration therein expressed, and that she did not vM to retract Ito GIVEN UUM MY RAND AND M& OF OFFICE, this the day of '295-- Notary Public in and for St. MM County, Minnesota TO STATE OF MOM COUNY OF ESCAMM SEMG Mp The undersigned authority, on this day personan$ appeared and hie Me-0 knawn to me to be the persons gone names are subeCribed tote foregoing in- strumant, and the said acknowledged to me that he executed the same for the- purposes and consideration therein expressed. And the said wife of the said having been 1p we privily and apart from her husband, and having the same t1a11.1,y explalned to her, she, the Bald . ac. k=lefged Oath instrument to be her act sad deedo 11 and - declared that -she W- willing- ly signed the as for the puapoeea and consideration therein expressed, and that she did not wish to retract it. OIM MMM MY RM ANA SEAL OF OFFICE, this the day of Notary PUblic in M for Escamble , Florida A THE STATE OF TEXAS COUNTY OF NUECES BEFORE,ME, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 195 ,A.D. , NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES b BEFORE ME, the undersigned authority, on this day personally appeared , City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and office whose name is 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 as the act and deed of said City for the purposes and consideration therein expressed and in the capa- city therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of t NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Y ' t 2 . g X x - i Y ' t 2 . g February 3, 1959 , I certify to the City Council that the money required for the contract, agreement, 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. 202 City of Corpus Christi Waterworks System Bond Construction Fund Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance ..4. . CORPUS CHRISTI,TEXAS 1959 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'SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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 COU NCIL; II THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, y MAYORE THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER i MANUEL P. MALDONADO " CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE