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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