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Home My WebLink About05563 ORD - 11/11/1959- JKH:,1t -1t -59 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF—OF THE CITY OF CORPUS CHRISTI,_TO EXECUTE A REAL ESTATE SALES CONTRACT WITH JACK C. NELSON FOR THE RC E OF A TRACT OF LAND ON MCBRIDE LANE FOR WES SIDE SEWER LIFT STATION FOR THE TOTAL SUM OF.$0,500.00, A COPY OF SAID REAL ESTATE SALES CONTRACT BEING-ATTACHED HERETO AND MADE A PART HEREOF;. APPROPRIATING THE SUM OF °8 6 0.00 OUT OF UNALLOCATED FUNDS IN 0. SANITARY SEWER S S BOND IMPROVEMENT FUNDS, OF WHICH AMOUNT.$8,500.00 IS FOR THE PURCHASE PRICE AND $150.00 IS FOR THE ISSUANCE OF TITLE POLICY AND CLOSING COSTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REAL ESTATE SALES CONTRACT WITH JACK C. NELSON FOR THE PURCHASE OF A PORTION OF A 5.8 ACRE TRACT OF LAND LOCATED ON MCBRIDE LANE IN THE CITY OF CORPUS CHRISTI NEEDED FOR WESTSIDE SEWER LIFT STATION, A COPY OF WHICH SALES CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 250 SANITARY SEWER BOND IMPROVEMENT FUND THE AMOUNT OF $8,650.00 OF WHICH $8,500.00 IS FOR THE PURCHASE OF TRACT OF LAND NEEDED FOR LIFT STATION SITE AND $150.00 15 FOR THE ISSUANCE OF TITLE POLICY AND CLOSING COSTS. SECTION 3. THE NECESSITY TO EXECUTE THE CONTRACT AS OUTLINED IN SECTION 1 HEREINABOVE 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APP , HIS 11 OF � ;- , 1959. ATTEST: �j THE CITY F ORPUS F ISTI* TEXAS CITY SECRETARY APPROVED AS TO LEGAL FOR14 THIS _.d_ PAY OF , 1959: 5563 CITY ATTORNEY REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES i THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN J= C. HEREINAFTER CALLED SELLERS, OF THE COUNTY OF RLIC 1QD . STATE OF TEXAS, AND THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED BUYER, OF THE COUNTY OF NUECES, STATE OF TEXAS, VI TNESSETH_ i. THE SELLERS, FOR THE CONSIDERATION AND UPON THE TERMS HEREIRAFTER 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 -WITS A portion (,f a 5.6 a:re tract, krwim as the Killer Tract, 1y'inC West cEr the City �`f C.ryus Christi, Texas, out c.Y tte (T. 1GL=1 (rant tJ ftrigw VLUs �es9 aw. be3nG also a p:rtion •� & M31 21.76 am tract -ut i' the MSLhcr ':;r Jahn 8. Du= Tract, and als:i further described as the RWrth 100 feet of the South 2DO feet of that certain tract ct land cDnveyed t. B.D. PzveU, by deed dated 6:Namber 3, 1,,747, reefed is Vrltme 3U, peas 532, Deed Recarfs cC 8u>leces County, Temo; said tract beinz more particularly described by metes and Wands as fvl2cvs, t,-ai.t: 8es,Uning at a paint in the West bQundery 11M ct said B, V. PaweU Tract, the Bowe bein6 also the Bast bLlWdv27 lice (9 MI!ftlde Zeds (VvmWtlw$ kA-va OUe as Lawrence Tana), +Which 'fusers alag said lino 8 17 deII"vee 1,5 minutes W a distance of 300 feet tr= the Barthvest earner cif L{aid B.D. Pmei1 Tract, fc.r the Nortlanst corner :f this met, the same bein,, also the Southwest c,-== of that certain tract cf land c�aveyed t =, W.E. Wet= by does dated March la, 11,43, rec -rded In Vaume 311, pate 510, Deed Records of Ruecas Ca`uAy, Tans; 7W S 78 deames 21 minuteD 8 atv3�,Z the Bcuta br=lary line c£ said id.v. B•:at».Trgct a distance cc 3 4.61 i'eet to the S=tbeast c�;x ar thereof, a Pi:dut in the Saet 4:un8aty ji m of said B.D. powe11 Tract, for the R riheaet caner f this tract; TBI'+HCJ: @ 17 debTM 30 minutes W along the ena East b.undary lien oi' thO B.D. Powell Tract a distance of lW feet to a pviut in the canx, the 9 rthcast caner of that certain tract cP a laud c=onveyed to W.L. Bates by deed dated March 7, l k), recorded In Vobm 423 at pje 45, Deed Recaes cam' Aveces County, Texas, fcr the S- 'utwmst czrwr at this tract; TBI C:E H 76 de�xeee 21 minutes W elan, the Rcrth ba ,UMIM UW of said W.L. Bates Tract a distance of 3 4.21 i'eet to the Rurthvest car ttlerec:i, a k4Dt is the afccemeutioned West b7=4WY viw5 of the B.D. Pc;well, Tract, for the S�:uthweet corner of this tract; Tm 11 is N 3.7 degrees 16 minutes E alcn5 said.Wett b,=darJ line of tre B.D. Pvwen Tract and Fast h"-wzlmxy lime cf McBride Laces a distance a lOu feet td the place of 'ceEinning. a. Tats FUND"" to OCR Is _ I�B,50U.0o eapewe of ptuebasm a. TNK SRLLERD $MALI. PROVO Ko AT 1111allIMS110146, 1'011 TNE 99114- PIT 01' TUC iUYER. A.TITLE INSURAN0$ POLICY. NA7NONF COICEPTIONS TO $AID TITLE "1n MADK IN, s"D TITLE P"IQY0 NHIDN POLICY 611" WHOLLY IMNuat AND I*- O JIIJIBlY T'S IIfIITtR.AgAINST ANY TITL9 O MW$ ON,AQVINDE CLAM*$ TNatTO. 6010 TOILS 1101HORWIl POLICY BULL SL ISM99 TIlRQVQI A NKLIARLt TITLE IMMANPL CONTANY A" SHALL BE DELIVERED To TUC SUTpt on THE DATE or THE CLO&ING 0► TNII,DEAL. 4. UPON TNE sKCUR /Ns or TIIK TITLE INSURANCE POLICY PROVIDED at e--.p =c or p nchaeer I", MERiINjim+QS AGSIK TO DELIVER A GOOD AND $UrrICJENT GENERAL WARRANTY DEED IIMM IN.ARPORRAMOK NiTM TUC PROYISItINS Or TNIS CONTRACT. PRVCRLV CON- ' VEVINI. Sawa► PROPERTT TQ RA.10 BUTtN. AND BUTER AGSKU 7H000PON TO MAKE Tijlt: i� CAIN PATRA". 3.. ALL TARKP TO BE PAID IV SOXIA$ UP TO AND IJICLUDNNG W YEAR., I", 6. ALL CUMM=T' TAIIERp $N$DIIANGE. 110111T99 AND IN'ttRE$T, IF ANY. 3954 ARE,T0'St PRONATEb'ILTN .THE GUYER•AND SELLERG -FON THE YSAR TO DATE or-CLObINO. KKptPT A$, MAY' /K':Miwa.NN OTHERMI.I{K PROVIDED. 7; BPNCM NAB' TN 1 N DAY • REPO$ I u KO N I•rN 'TNE TITLE INSURANCE rjSN- MAMY on TITLE $UAl1ANTV WANT TNC'SIIM Or, 50.Of) DOLLARS „AS MOINSST IIQNBV'IIERRUIW TO SE APPLIED ON TNL CASH PATNEIIT ABOVE Sty OUT- NOW DEAL -IS QLOSEO. AT WHICH TINE lift BALANCE Or CAIN CONSIDERATION 0 16L AL 049 PAID. SHOULD TIW BUYa.rAIL TO CONIUMATK THIS CONTRACT Al, NIACIN SItCiP.IKB.'- FO>�.ANY R[ASON. sKOEIT TITLE DKrtOT$o TWO $"ag SMALL SK ass �11LKq.Ta ft"It"I tJ140•,C11SN.000410T AS L44USOATED DANAOp FOR TUC ~.X L Ar TNIt ,CONTNAQg. Oft NAY AT TBMlA - OP8101ao p[OROK SPt01rIB. PBIIADiMAN¢K AIakABO►. it N TMt KaIRG1�7ID D p*ANDRANY OTNSR, Mae ENBAAY,"•3RacwtO•4*pmS ARD', �, • r � ,ill � THE BALANCE Of THC -CASN PAMNT Apt IN POSSWASIOR Of TUC TITLE IpwIANCt COMPANY OR TITLE GUARANTY COMPANY SAID TITLE COM ►ARV Vi LL CLOSE THE DEAL IN ACCORDANCE MIT" ITS USUAL AND CUSTOMARY PROC[DURte .IN THE [VENT SELLERS FAIL TO TENDER A Ot[S.CONVEVSNS MA10_PROPSRTY IM ACCORDANCE WITH.TM6 TERMS Of TIP[ CONTRACT WITHIN THE TIMt- PROVlDCO.NERtIM T'Nt -OUTER MAT ENFORCE.P£R•, FUMOC¢ OF THIS CONTRACT SY ENACTION FOR SPECIFIC PERFORMANCE TNEREO -F 8a THR BUYER 4ON995 TO ACCEPT TITL[ WHIJECT TO ALL OUTSTANDING 1 NUTRICTIVS COVENANTS AND,USL RESTRICT10118, IF AUTO OF RECORD, AND ALL .CITY ZONING AND REGULATORY ORDINARCU, If AMY, APPLICABLE TO SAID'.rp"UTVo 90 OF SAID CONSIDFJIATION MCWT101190 .IN PARAGRAPH 2 THE SUM Of ,/Y/iLYYLF+ DOLLARS IS AGRESQ TO &[ PAID.TO SELLERS AS QANAGRS TO THE. /MPROV[M[NTS ON TIM LOT, A PART OF.YN /CN LOT IS.NERiBY CON• - i*ACT[D TO It PURCHAS60 BY SUPER AMID THE SELLQS ABNL[ AND MEREST OBLIGATE T;I- "S[LVtl TO R[MOV6 ALL BUILDING IMPROVEMENTS FROM THAT PORTION OF THE '19T M£REBY AGREED TO St SOLD AND SELLERS AORLE TO COMPLETE SUCH REMOVAL AT ItN[lR OWN A0101116 PRIOR TO TM[ OAT[ OF CLOSING OF THIS SALE AND AT ALL CVVIT* WITHIN 1140 Y (90) DAY& /ROM TMt DATE HER[O.%. AND FAILURE OF SELL ".8 TO ` J!L[Tt. #UCH MOVING NITKII, "10. TIME SiAEB' AUSOMATICALLV AUTNOR# ;t= PUN• CHASER ;TO RSMOV[ SAM[ AND 01DW rat COST OF• !§UC,M RRIIQVAL "ON TAX. CN0104RA- TION BERMS AGR[tB TO 59 PAID. 100 .IT 1*, UBMRI1T.000 MY ALL PARTa[i ".I* ATO THAT T.4I1.6 DEAL IS TO�B�t. CLOSED TIOIOUGH. TNt TIT% IpppA,NCt COMPARV OR TITL[ 4130 IITY COMPANY 0K OR. SLFOMt SIXTY (60) -.DAVB RROM,TNIS DATto ,�gli1E� IN TRlfL1.JAT.fre ^tITNE.% Cfl l O,fl 144I4.. S"ALL,GOIIISTITU" iOb fTV CNETARY SEUERS AVRO>yla.- AS..TO LQAL - FORIt,.THIS CITY OF CORPUS CHRISTI, Aq OifYAf�„�; �,a 1958 8Y ITY mulm - TV,I F7DRp� OUVEW. THE STATE OF TEXAS COUNTY OF NUECES MEEORE -32, the undersigned authority, tart' Public in and for Nueces County, Texas, on this day personally appeared �, known to me to be the person whose name is sik7c7VIbed to the foregoing instrument and acknowledged to me that he executed the a for the purposes and consideration therein expressed. 1VEP UNDER MY HAND AND SEAL OF OFFICE, this the day of K , 195-�' ,A.D. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES 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 19_ NOTARY PUBLIC IN AIM FOR NUECES COUNTY, TEXAS 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. Z_, Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance f • CORPUS CHRISTI, TEXAS _/ _-AY OF �' / y�Afr, 9_kl TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 INTRODUCEDS AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF C RPUS CH 6 STIR TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. 64 1_1 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN /nJ PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.