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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