ORD CC 08/20/73 - Real Estate purchaseAN ORDINANCE AUTHORIZING THE PURCHASE OF REAL
ESTATE FOR PUBLIC PURPOSES, CONFIRMING A RESOLU ION
HERETOFORE PASSED BY THE CITY COUNCIL OF THE CI Y
OF HUNTSVILLE FINDING THAT A NECESSITY EXISTS F R
THE PURCHASE OF REAL ESTATE FOR CONSTRUCTION OF A
CITY HALL, AUTHORIZING THE MAYOR OF THE CITY TO,EX-
ECUTE AND DELIVER A PROMISSORY NOTE FOR THE PURCHASE
PRICE BEARING INTEREST AT 6% PER ANNUM, AND PAYABLE
IN 10 ANNUAL INSTALLMENTS OF BOTH PRINCIPAL ANDj IN-
TEREST, LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM
TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF SAID
CITY TO PAY THE INTEREST THEREON AND TO CREATE IA SINK-
ING FUND FOR REDEMPTION THEREOF, AND PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF SUCH TAXES.
WHEREAS, the City Council of the City of Huntsville, Texas,
has heretofore by Resolution duly made, determined that 4 necessity
exists in the public interest for the purchase of real a tate for
ultimate construction of a City Hall for said City and a thorizing
the Mayor and City Attorney of said City to enter into n gotiations
for the purchase of any and all such real estate at the ite de-
termined by said City Council as appropriate for the construction
of a City Hall, which such negotiation as to certain parcels of
real estate have now been concluded and the owner of said property
stands ready to convey said real estate to the said City upon auth-
orization of the Mayor to execute and deliver evidence of the City's
indebtedness for the purchase of such premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
Section 1: That such Resolution heretofore pa sed by
the City Council determining that a necessity exists for the pur-
chase of a City Hall site is in all things adopted and cpnfirmed
by the City Council of said City and that the said City is hereby
authorized to purchase from W. 5. Gibbs, Individually an the W. 5.
Gibbs Trust, real estate located in Block 12 of said Cit being
81,069 square feet of real estate, as more particularly escribed
in Exhibit "A" attached to this Ordinance and incorporated hereby
by reference and adoption, for a total purchase price of $81,069.00
to be paid by said City in 10 annual installments of principal and
with the aggregate unpaid balance to bear interest at the rate of
6% per annum until fully paid off and discharged.
Section 2: That the Mayor of said City be, and he is
hereby, authorized to execute and deliver to W. S. Gibb0 Trust
a promissory note to be a valid obligation of the City of Huntsville,
Texas, which shall be a general obligation of said City, the same
to be payable in 10 equal annual installments upon principal in
the amount of $8,106.90, together with accrued interest on the un-
paid principal balance at the rate of 6% per annum, and to accept
in return therefor a General Warranty Deed to the real estate de-
scribed in Exhibit "A" attached hereto, together with an Owner's
Policy of Title Insurance insuring said real estate titl to
the City of Huntsville. Said promissory note to be executed in
behalf of said City shall be as set forth in the following form:
$81,069.00 Huntsville, Texas Augusi , 1973
In installments as hereinafter provided, and after date,
without demand or notice, and without grace, for value received,
the City of Huntsville, Texas, a municipality, promises to pay to
the order of W. S. GIBBS TRUST at the office of the Payee in the
City of Huntsville, Walker County, Texas, the sum of EIGHTY -ONE
THOUSAND SIXTY -NINE AND NO /100 ($81,069.00) DOLLARS, with interest
thereon from date until maturity at the rate of 6% per annum, with
interest payable annually as it accrues.
The indebtedness evidenced hereby shall be a general
obligation of the City of Huntsville, Texas, a municipality, as
authorized pursuant to City Ordinance passed by the City Council
of the City of Huntsville, Texas, on August 20, 1973, and it is
hereby certified and recited that all acts, conditions and things
required to be done precedent to and in authorization ofl the exe-
cution of this evidence of indebtedness as a general obligation of
said City of Huntsville to render the same lawful and valid have
been properly done and that due and proper provision has been made
for the levy of a direct and continuing annual ad valorem tax
against all taxable property within said City sufficient to pay
the interest on this obligation as due and to provide for the pay-
ment of each installment of principal as same matures; that the
City has received full value and consideration for this indebtedness
and that the total indebtedness of the City of Huntsville, Texas,
including this indebtedness, does not exceed any Constit tional or
Statutory limitation.
In the event default is made in the payment of the prin-
cipal of this note, or any installment of interest hereon as the
same becomes due and payable, then the legal holder hereof shall
have the option, without demand or notice to the Maker to declare
this note immediately due and payable and may institute ny legal
action against the said City of Huntsville to enforce the payment
of same to the same extent as if such obligation had beeh the ob-
ligation of a private individual.
The principal and interest of the within note shall be
due and payable by the City of Huntsville, Texas, in ten (10) annual
installments on principal in the amount of $8,106.90 upon principal,
plus the accrued interest on the unpaid principal balance, and with
the first of such annual installments upon principal and interest
to be due and payable on or before August , 1974, and a like
installment of both principal and interest—E.:7-5e due and payable
on or before the day of August of each and every year there-
after until said note and indebtedness, and all interest to
accrue thereon, has been fully paid off and discharged.
IN WITNESS WHEREOF, the Mayor of said City has executed
this note on the day and date first above written pursuant to
authorization by Ordinance duly passed on August 20, 1973.
THE CITY OF HUNTSVILLE, TEXAS
BY
ATTEST:
FRANK ROBINSON, JR.
City Secretary
MO IS I. WALL R, Mayor
Section 3: That while said indebtedness or anj install-
ment thereof is outstanding and unpaid, there shall be annually
levied, assessed and collected in due time, form and manner, a tax
upon all of the taxable property in said City sufficient' to pay
the current interest thereon and to create a Sinking Fund suffi-
cient to pay each installment of principal as the same b comes due,
or a Sinking Fund of 2% whichever is greater; and in ord r to pay
the interest on said obligation for the first year and t create
a Sinking Fund with which to pay the principal as the sane becomes
due, or a Sinking Fund of 2%, whichever is greater, there is hereby
levied a sufficient tax on each $100.00 valuation of taxable prop-
erty in said City for the current year and the same shall be assessed
and collected and applied to the purposes stated herein; and while
said obligation is outstanding and unpaid, a tax each year at a rate
from year to year as will be ample and sufficient to provide funds
to pay the then current interest on said obligation and to pro-
vide the necessary Sinking Fund, full allowance being made for the
delinquencies and cost of collection, shall be and is hereby levied
for each year, respectively, and said tax shall each year be assessed
and collected and applied to the payment of the principal of and in-
terest on said indebtedness as a general obligation of Said City.
The City Council hereby declares and covenants that it will provide
and levy a tax legally and fully sufficient for such indebtedness,
it having been determined that the existing and available taxing
authority of the City for such purpose is adequate to permit a
legally sufficient tax in consideration of all other outstanding
obligations.
Section 4: That the Mayor and City Secretary are hereby
empowered and directed to proceed with the delivery of said promissory
note as evidence of indebtedness and the closing of said acquisition
of real estate at the earliest practicable date and authorized to
complete the same in accordance with the terms hereof and
do all things necessary or requisite thereto.
PASSED AND APPROVED IN OPEN COUNCIL on this the
day of August, A. D., 1973.
ATTEST:
itimA tit
FR N ROBINSON, JR.,
City Secretary
e‘• •ROVED AS ka �:��.
MARTIN D. COLLEY,
City Attorney
THE CITY OF HUNTSVILLE, TE
to
20th
EXHIBIT "A"
THE STATE OF TEXAS
COUNTY OF WALKER
I, the undersigned J.S. MOORER, Registered Public Sury
the State of Texas, do hereby certify that the following Fi
represent a survey made on the ground of the following desc
tract(s) or parcel(s) of land located in Walker Co
Being 81,069 square feet of land, more or less, situat
Block 12, City of Huntsville, P. GRAY LEAGUE, Abstract No.
ker County, Texas, and being all of the the following lots
cels of land:
(1) that certain parcel conveyed by T.C. Gibbs to Anne
Gibbs by deed dated November 2, 1921 and recorded i
ume 48, page 27, Deed Records;
(2) that certain parcel conveyed by T.C. Gibbs to W.S.
by deed dated October 25, 1938 and recorded in Vol
page 486, Deed Records;
(3) that certain parcel conveyed by Gibbs Brothers and
W.S. Gibbs by deed dated May 14, 1940 and recorded
ume 94, page 322, Deed Records;
(4) that certain parcel conveyed by Gibbs Brothers and
W.S. Gibbs by deed dated July 6, 1949 and recorded
ume 125, page 302, Deed Records; and
(5) that certain parcel conveyed by John W. Amick to W.
by deed dated January 7, 1970 and recorded in Volum
page 564, Deed Records,
yor of
ld Notes
ibed
T
in
24, Wal-
r par-
ugent
Vol-
bbs
e 90,
0. to
in Vol-
described
said 81,069 square feet being more definitely /as one contigu
tract as follows:
BEGINNING at the southeast corner of said W.S. Gibbs to
described in Volume 125, page 302, Deed Records and at the n
east corner of a lot conveyed by the Fidelity Lodge No. 221
Murray and Moorer by deed dated May 10, 1973 and recorded in
ume 256, page 343, Deed Records, an iron rod for corner in t
line of Avenue M,25 feet west of its present paved centerlin
163.91 feet north of the centerline of 13th Street (75 feet
THENCE West, with the north line of said Murray & Moore
193.11 feet to the west corner of said Murray & Moorer lot i
northeast line of a lot conveyed by Johnnie'Harper to Murray
Moorer by deed dated March 5, 1973 and recorded in Volume 25
44, Deed Records, an iron rod for corner in the center of Sm
Branch;
THENCE down said Smede's Branch with its meanders as fo
(1) N 55 °51'30 "W, at 38.7 feet pass the northwest corn
said lot conveyed by Harper to Murray & Moorer and
northeast corner of a lot conveyed by John Ferguso
Velma Sue Ferguson by deed recorded in Volume 94,
321, Deed Records, continuing a total distance of
feet to an ell corner of said Ferguson lot; and
(2) S 88 °46'10 "W - 2.37 feet to the northwest corner of
Ferguson lot and the northeast corner of said W.S. Gibbs lot
scribed in Volume 227, page 564, Deed Records, a stake for c
in the center of said Smede's Branch;,
o. to
n Vol-
Gibbs
227,
us
as
h-
o
Vol-
e west
and
de).
lot,
the
, page
de's
OWS:
of
the
to
age
05.96
said
Be-
rner
THENCE S 00 °03'20 "E, with the common boundary of said G$.bbs
and Ferguson lots, 186.10 feet to the southeast corner of said
Gibbs lot and the southwest corner of said Ferguson lot, an .ron
rod for corner in the north line of 13th Street, 37.5 feet from
the present paved centerline of said street;
THENCE S 89 °56'40 "W, with the north line of 13th Stree
60.00 feet to the southwest corner of said Gibbs lot and th
east corner of a lot conveyed by Gibbs Brothers and Co. to
Greene by deed dated April 5, 1945 and recorded in Volume 1
page 353, Deed Records, an iron rod for corner;
THENCE N 00 °03'20 "W, with the common boundary of said
and Greene lots, 184.87 feet to the northwest corner of sai
lot and the northeast corner of said Greene lot, a stake fo
in the center of said Smede's Branch;
THENCE down said Smede's Branch with its meanders as f
(1) S 88 °46'10 "W - 50.93 feet; (2) N 02 °09'50 "E - 224.
and (3) N 21 °42'10 "E - 53.41 feet to the intersection of
line of Smede's Branch with the centerline of Penetentiary
THENCE up said Penetentiary Branch, same being the sou
of the TC. Gibbs Estate property as described in Volume 117
373, Deed Records, with its meanders as follows:
(1) S 41 °56'30 "E - 96.42 feet; (2) S 69 °02'00 "E - 118.5
and (3) S 78 °55'40 "E, at 8.93 feet pass the southwest cor
the Robert Olmstead lot as described in Volume 183, page 38
Records, continuing for a total distance of 91.48 feet to t
west corner of a lot conveyed by T.C. Gibbs to W.A. Richard
deed recorded in Volume 90, page 467, Deed Records, a stake
corner in the center of said Penetentiary Branch;
THENCE S 01 °27'45 "W, with the west line of said Richar
lot, 117.00 feet to an iron rod for its southwest corner;
THENCE S 84 °55'15 "E, with the south line of said Richa
lot, 104.38 feet to its southeast corner and the most easte
northeast corner of said W.S. Gibbs lot described in Volume
page 486, Deed Records, an iron rod for corner in the west
of Avenue M, 25 feet from its present paved centerline;
THENCE South, with the west line of Avenue M, 73.00 fe
the Place of Beginning.
Surveyed in January, 1973.
south-
.H.
8,
ibbs
Gibbs
corner
llows:
9 feet;
he center -
ranch;
h line
page
feet;
er of
, Deed
e north -
on by
for
son
dson
ly
90,
ine
t to
Signed
-2-
J.S. MOORER
Public Surveyor o. 1572
MURRAY & MOO ER
REGISTERED PUBLIC SU VEYORS
Post Office Box 9 1
Huntsville, Texas 77 40