HomeMy WebLinkAbout020430 ORD - 08/23/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE
FUTURE EXPANSION OF THE 0. N. STEVENS WATER TREATMENT
PLANT; AND APPROPRIATING $89,521.50; 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 to execute the
documents necessary for the acquisition of Parcel 3 in connection with the
future expansion of the 0. N. Stevens Water Treatment Plant, a substantial copy
of which is attached hereto and made a part hereof, marked Exhibit A.
SECTION 2. That there is hereby appropriated $89,521.50 out of the
No. 205 Water Bond Fund applicable to Project No. 205-88-44-4.1, 0. N. Stevens
Water Treatment Plant Land Acquisition.
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
execute the abovementioned documents at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances at three regular meetings so
that this ordinance is passed and sha take eff ct u on first reading as an
emergency measure this the C23 day of
ATTEST:
City Secretary
APPROVED: DAY OF
HAL GEORGE, CITY ATTORNEY
By
, 19
Assistant City Attorney
206RP113.res
THE CITY OF CORPUS CHRISTI, TEXAS
20430
ICROFILMED
OFFICE OF THE CITY ATTORNEY
August 12, 1988
LEGAL OBJECTION
to
AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE FUTURE
EXPANSION OF THE 0. N. STEVENS WATER TREATMENT PLAN;
APPROPRIATING $89,521.50; AND DECLARING AN EMERGENCY.
For the reasons hereinafter stated, legal objection is hereby filed, through the
City Secretary, with the City Council to the captioned ordinance, pursuant to
City Charter, Article IV, Section 10, and prior to action upon said ordinance by
the City Council:
A real estate sales contract has been submitted to the City of Corpus Christi
for the purchase of approximately 6.42 acres, more or less, from Morene L. Nall.
This tract is identified as Parcel 3, O. N. Stevens Water Treatment Plant Land
Acquisition. The tract was offered for sale by Lynch and Associates Real Estate
Company.
Pursuant to the responsibility and duties of the City Attorney in Article IV,
Sec. 10, City Charter, I hereby file written objections to the contract and the
ordinance authorizing the contract. The reasons for such objections are found
in the letter dated July 22, 1988, from me to Mr. Randy Lynch, which is attached
hereto and incorporated herein by this reference.
The City Council is of course fully empowered to pass the resolution authorizing
the acquisition of this tract and the City may acquire the property without the
signature of the City Attorney on the ordinance and contract.
Respectfu�lly,�submitted,
Hal George
City Attorney
cc: Juan Garza
Armando Chapa
Jesus Garza
202HG175.mem
City of Corpus Christi, Texas
Property and Land Acquisition Division
REAL E S TATE SALES CONTRACT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This memorandum of agreement made and entered into by
and between MORENE L. NALL, hereinafter called SELLER, 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, for the consideration and upon the
terms hereinafter set out, hereby agrees to sell and convey
unto BUYER, and BUYER agrees to buy the following described
property situated in Nueces County, Texas, to -wit:
See Page 2
"Real Estate Sales Contract"
[O.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
Page 1 of 8
6.4-) A
Z. `>1,
Subject to outstanding mineral and royalty interests
of record if any.
Being 6.42 acres more or less, and being a part of
an 82.5 acre tract out of the Albert L. Magee
Lands, Gregorio Farias Grant, Nueces County,
Texas, and described by metes and bounds as
follows:
STARTING at Southeasterly corner of above-
mentioned 82.5 acre tract and going North 55
degrees 10 minutes West along Southwesterly line
of said 82.5 acre tract, and an adjoining tract
owned by J. A. Hunter, a distance of 417.4 feet to
a point for Southeasterly corner of this tract and
point of beginning;
Thence North 55 degrees 10 minutes West along line
common to above-mentioned 82.5 acres and a tract
owned by said Hunter, a distance of 544.2 feet to
a point for Southwesterly corner of this tract;
said corner being South 55 degrees 10 minutes East
and distant 28 feet from Southeasterly corner from
a 10 acre tract owned by Helen Dunn;
Thence North 36 degrees 7 minutes East 521.2 feet
to a point for northwest corner of this tract,
said point being 28 feet from Southeast line of
Helen Dunn Tract;
Thence South 55 degrees 10 minutes East, 529.2
feet to Northwest corner of a 2.5 acre tract of
land sold out of above 82.5 acres;
Thence South 34 degrees 33 minutes West along
Northwesterly line of above-mentioned 2.5 acre
tract 521.8 feet to point of beginning, and
containing 6.42 acres, more or less.
A map showing the location of the acquisition by
crosshatching and coloring the acquisition in
yellow is attached hereto and made a part hereof
for all purposes as "Exhibit A".
"Real Estate Sales Contract"
[0.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
-2-
2. The purchase price is Eighty-nine thousand Three
hundred Dollars and no cents [$89,300.00].
3. The SELLER shall provide at the expense of SELLER,
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 insurance policy shall
be issued through a reliable title insurance company and
shall be delivered to the BUYER on the date of the closing
of this transaction.
4. Upon the securing of the title insurance policy
provided for herein, SELLER agrees to deliver at the expense
of BUYER a good and sufficient general warranty deed drawn
in accordance with the provisions 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 up to and including
the year 1987.
6. All current taxes., if any, are to be prorated
between the BUYER and the SELLER for the year 1988 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
$1,000.00 as earnest money hereunder to be applied on the
cash payment above set out when the transaction is closed,
at which time the balance of cash consideration shall also
be paid. Should the BUYER fail to consummate this contract
as herein specified for any reason, except title defects,
"Real Estate Sales Contract"
[O.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
-3-
the SELLER shall be entitled to receive said cash deposit as
liquidated damages for the breach of this contract, or may
at SELLER'S option, seek specific performance hereof. When
the executed deed and any other necessary executed 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 procedure. In the event SELLER fails to
tender a deed conveying said property in accordance with the
terms of the contract within the time provided 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, applicable to said property.
9. It is understood by all parties hereto that this
transaction is to be closed through the title insurance
One hundred Eighty DV] �?/7
company or title guaranty company on or before/almatTxi204
days from this date. Possession to be given to BUYER upon
execution of the "Warranty Deed" by SELLER.
10. By SELLER'S execution hereof, SELLER acknowledges
that SELLER has read this agreement and understands that
this agreement 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 BUYER must execute this agreement
i One huFifty [150]
within/9)m'xx k days from the date of SELLER'S execution
or this agreement shall be null and void and none of the
provisions hereinabove set out will bind either party.
"Real Estate Sales Contract"
[0.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
-4-
11. SELLER agrees to pay the Real Estate Agent, Lynch
and Associates, a commission of six percent [6%] of purchase
price for negotiating this transaction. Escrow Agent is
authorized and directed to pay Listing Broker said fee from
the sale proceeds.
"Real Estate Sales Contract"
[O.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
-5-
EXECUTED in triplicate, either copy of which shall
constitute an original.
Morene L. Nall
Dated this ,,Z day of
S ELLE R
By:
CITY OF CORPUS CHRISTI, TEXAS
, 1988.
Dated this
Juan Garza
City Manager
day of , 1988.
BUYER
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
City Secretary
APPROVED AS TO LEGAL FORM THIS Iq DAY OF rrit,t4i, 1988.
By:
HAL GEORGE, CITY ATTORNEY
Assistant City Attorney
"Real Estate Sales Contract"
[O.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
-6-
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on this
/:16111. day of 7i10.41 , 1988 by Morene L. Nall.
7.10a" to . 114..4.,;
Notary Public in and f
THE STATE OF TEXAS 1[1f1[
COUNTY OF NUECES 1[1[1[
the State of Texas
HARNRIIE�TyW. EWING
STATE OF TEXAS
My Comm. Exp. 6.00.90
This instrument was acknowledged before me on this
day of , 1988 by Juan Garza, City
Manager for the City of Corpus Christi, Texas, a municipal
corporation, on behalf of said municipal corporation.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name & expira-
tion date of
notary public
below EACH
notary]
"Real Estate Sales Contract"
[O.N.] STEVENS WATER TREATMENT PLANT EXPN.
Parcel 3 [Nall]
-7-
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[O.N.] STEVENS WATER T
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section
June 7, 1988
I certify to the City Council that $ 89,521.50
, 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 No. and Name No. 205 Water Bond Fund
Project No. 205-88-44-4.1
Project Name 0. N. Stevens Water Treatment
Plant Land Acquisition
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
, 19F'
FIN 2-55
Revised 7/31/69
#41 tont) ed(1 6//0/2,
tor of Finance
Corpus Christi, Texas
day of L,,
, 198
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; I/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,
99.045.01
Council Members
4A.„,
MOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
the
following
vote:
20430