HomeMy WebLinkAbout17174 ORD - 08/04/1982F
TEXAS:
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF PARCEL 8 IN CONNECTION
WITH POLICE STATION EXPANSION; APPROPRIATING $13,500
TO SUPPLEMENT $130,000 AVAILABLE IN REVENUE SHARING
FUNDS FOR THE SAID ACQUISITION AND RELATED COSTS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be authorized to execute docu-
ments necessary for acquisition of Parcel 8 from Robert Poindexter and Wharton
Sales Corporation for the Police Station expansion, said parcel being described
as follows:
Lots Eleven (11), Twelve (12) and Thriteen (13),
Block "B", Diaz Addition, an addition to the City
of Corpus Christi, Nueces County, Texas, as shown
by the map or plat thereof, recorded in Volume
"A", Page 5, Map Records, Nueces County, Texas,
including all improvements; also known as 1517
Winnebago Street.
SECTION 2. That there is hereby appropriated the sum of $13,500
out of the No. 162 Federal/States Grant Fund, Department 152, Activity 807.05,
Code_501, 7th Year Community Development Block Grant, to supplement $130,000
available in the No. 124 Federal Revenue Sharing Fund, of which $140,000 is for
acquisition and $3,500 is for relocation expenses and incidental costs related
to closing, all in connection with the aforesaid expansion project.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
expansion of the Police Station, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings so that this ordinance
is pas d and shall take effect upon first reading as an emergency measure this
the 4 day of August, 1982.
ATTEST:
GA",
Cit -Secretary
A' D:
OF AUGUST, 1982:
J. BRUCE YCOCK, CI ATTORN Y
BY
MAY
17174
THE CIT OF CORPUS CHRISTI, TEXAS
sEp 281984
Man
Police Station Expansion
Parcel 8
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUHTY OF NUECES
This memorandum of agreement made and entered into by and between
Robert Poindexter and ',rharton Sales Corporation,
hereinafter called Seller(s), of the County of Nueces, State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the County
of Nueces, State of Texas,
W ITNESSET H:
1. The Seller(s), for the consideration and upon the terms here-
inafter 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:
Lots eleven (11), Twelve (12) and Thirteen (13),
Block "8", Diaz Addition, an addition to the City
of Corpus Christi, Nueces County, Texas, as shown
by the map or plat thereof, recorded in Volume
"A", Page 5, Map Records, Nueces County, Texas,
including all improvements; also known as 1517
Winnebago Street.
Page 1. of 5
b,"A
2. The uurchase price is One Hundred and Forty Thousand Dollars
and no. cents ($140,000.00).
3. The Seller(s) shall provide at the expense of Buyer, a title
insurance policy, without exceptions to said title being made in said
title Policy, which policy shall wholly insure and indemnify the Buyer
against any title defects or adverse claims thereto. Said title in-
surance policy shall be issued through a reliable title ins=ance
company and shall be delivered to the Buyer on the date of the
closing of this transaction.
I. Upon the securing of the title insurance policy provided for
herein, Seller(s) agree(s) to deliver at the expense of Buyer a good
and sufficient general warranty deed drawn in accordance With the pro-.
visions of this contract, properly conveying said property to said
Buyer, and Buyer agrees thereupon to make the cash payment..
5. All taxes to be paid by Seller(s) up to and including the year
1981.
- -
6. All current taxes, if any, are to be prorated between the Buyer
and the Seller(s) for the year 1982_to date of closing, except as may be
herein otherwise provided.
7. Buyer has this day deposited with the title insurance company
or title guaranty company the sum of $7,000.00 as earnest money here-
under to be applied on the cash payment above set out when the trans-
action is closed, at which time the balance of cash consideration shall
also be paid. Should the Buyer fail to consumate this contract as here-
in specified for any reason, except title defects, the Seller(s) shall
be entitled to receive said cash deposit as liquidated damages for the
breach of this contract, or may at their option, enforce specific per-
formance hereof. When the executed deed and any other necessary exe-
cuted papers and the balance of the cash payment are in possessiOn of
the title insurance company or title guaranty company said title company
will close the transaction in accordance -with its usual and customary.
"Real Estate Sales Contract"
POLICE STATION EXPANSION
Parcel 8 - Poindexter
procedure. Ln the event Seller(s) fail(s) to tender a deed conveying
said property in accordance with the terms of the contract within the
time orovided herein, the Buyer may enforce performance of this contract
by an action for specific performance thereof.
8. The Buyer agrees to accept title subject to all outstanding
restrictive covenants and use restrictions, if any, of record, and all
city zoning and regulatory ordinances, if any, apslicahl'e to said
property.
9. It is understood by all parties hereto that this transaction
is to be closed through the title insurance, cam_ e....41'2aranty
company on or beforelo6neby/49534xda7sxfcsamxthxzx
xaugustoddigodx98:& October 16, 1982
be given to Buyer 6 months after execution of "Warranty Deed" b
Seller(s).
10. By Seller(s) execution hereof, Seller(s) acknowledge(s) that
he (she) (they) have read this agreement and understand that this a-
greement is not binding on Buyer until properly authorized by the City
Council and executed by the City Manager of the City of Corpus Christi,
Texas. It is further understood, however, that:,'mu t_exe.saee-
m. -
this agreement 41Z1D1441IXtYA64X1SCpcx2arTx51171 vkcx)---.. -
on or beforexTunec68god882c August 16, 1982
D.ammalXixmxor this agreement shall be null and void and
provisions hereinabove set out will bind either party.
11. It is understood that this property is being acquired under
the threat of eminent domain proceedings.
12. The City will be responsible for collecting and receiving
any tenant rents after the closing of this transaction.
"Real Estate Sales Contract"
POLICE STATION EXPANSION
Parcel 8 - Poindexter
Page 3 of 5
EXECUTED in triplicate, either copy of which shall constitute an original,.
on this the - —day of , 1982 .
_
Robert Poindexter'
WHARTON.SALES CdRPORATION
Robert Poinde tefc President
SELLERS
ATTEST:
City Secretary
BY:
CITY OF CORFUS CHRISTI, TEXAS
EdwPrd A. Martin
City Manager
BUYER
APPROVED *0 LEGAL FORM THIS
7-7 DAY OF te At , 1982.
'
-City Attorne
APPROVED
James K. Lantos, P.E.
Assistant City Manager
TBE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Edward A. Martin, city Manager of the City of Corpus Christi, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowleged
to me that he executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated and as the Ant and Deed of said City.
day of , 1982.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
"Real Estate Sales Contract"
POLICE STATION EXPANSION
Parcel 8 - Poindexter
Page 4 of 5
Notary Public in and for the State of Texas
THE STATE OF TEXAS
COUNT/ OF NUECES
BEFORE.NE, the undersigned authority, on this day personally appeared
Robert Poindexter,
known to me to be the person(s) whose name(s) is (are) subscribed to the
foregoing instrument and acknowledged to me that he (she) (they) execu-
ted the same for the.purposes and consideration therein expressed.
AOE
GIVEN under my hand and seal of office,. this day of
f2t, ].98L.
Notary Public in and for the State of
Texas
KENNETH T. KOHRS
Notary Public in and for the Sfatt.Wt
My Commission Expire A gP
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Robert Poindexter, President
of
Wharton Sales Corporation
known to me to be the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of
the said WHARTON SALES CORPORATION,
and that he executed the same as the act of such corporation for the
purposes and consideration therein stated.
GIVEN under my hand and seal of office, this --day of
-T/12-1 gt• /9. "e-/,/ , 198 2 .
—7 --
Notary Public in and for the State of
Texas
KENNETH T. KOHRS .
Notary Public in and for the State _S.0241
My Commission Expire
"Real Estate Sales Contract"
POLICE STATION EXPANSION
Parcel 8
Pot, S of S
1
'Odg'
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
August 4, 1982
I certify to the City Council that $ 13,500 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund Nb. and Naue
Project No.
Project Name
No. 162 FedPral/Statp Grally r"nd
Dept. 152, Activity 807.05, Code 501
7th Year Community Development Block Grant
Pondy's Acquisition
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
August 4,
, 19 R9
f9FI
ActinFt nance
1617
41Al"tor
Corpus Christi, Te
Mday of
, 1982
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it iS
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CI
AA0(
/At•
OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
17174