HomeMy WebLinkAboutMinutes - City Council - Special - 8/15/1975C
ALG 15 1975
75-34-342-772
(1)
75-34-342-773
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SPECIAL CITY COUNCIL MEETING AUGUST 15, 1975
The City Council of the City of Lubbock, Texas, met at 1:00 P.M. in the regular
meeting place at City Hall, the following members thereof being present, to -wit:
Mayor Roy Bass, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council-
man Bryce Campbell, Assistant City Manager Larry Cunningham, City Attorney Fred
0. Senter, Jr., and City Secretary -Treasurer Treva Phillips.
Absent: City Manager N. B. McCullough and Councilman Dirk West.
The invocation was given by Councilman Alan Henry.
The Pledge of Allegiance to the Flag was given in unison by those present in
the Council Chamber.
75-34-342-774 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion
(3) carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting
Yea, none voting Nay to pass Ordinance No. 7129 on second and final reading.
ORDINANCE NO. 7129
AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, ENTITLED "ELECTRICITY", BY AMENDING SECTION 11-1 THEREOF PROVIDING
FOR A FUEL COST ADJUSTMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA-
TION.
75-34-342-775 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion
(4) carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting
Yea, none voting Nay that the following resolution be passed authorizing the Mayor
to execute a Sales Contract in favor of Billy J. Angel and Muriel Angel at the
agreed price.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Sales Contract
in favor of BILLY J. ANGEL and MURIEL ANGEL, attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 15th day of August, 1975.
ATTEST: /s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
SALES CONTRACT
This contract of sale has been entered into by and between BILLY J. ANGEL
and MURIEL ANGEL, of Lamb County, Texas, hereinafter called "SELLERS, and
the CITY OF LUBBOCK, a Home Rule Municipality, of Lubbock County, Texas, herein-
after called "BUYER".
WITNESSETH:
The SELLERS agree to sell to the BUYER, and the BUYER agrees to purchase,
upon the terms and provisions hereof, the following described real property,
situated in Bailey County, Texas, to -wit:
Labors 3,4, & 5; League 207, Bailey County, Texas containing 531 acres,
more or less, and personal property described on Exhibit A attached
hereto and made a part hereof.
The purchase price agreed upon for the purchase of the above described
property is TWO HUNDRED TWENTY-FIVE and N0/100 DOLLARS($225.00) per acre, a total
of ONE HUNDRED NINETEEN THOUSAND, FOUR HUNDRED SEVENTY-FIVE and NO/100 DOLLARS
($119,475.00), to be paid in cash upon the consummation of the sale as provided below.
The SELLERS agree to pay a 5% real estate commission to J. W. Chapman &
Sons and Clay Turner upon the closing of this sale.
The SELLERS agree to furnish BUYER either an Owner's Policy of Title In-
surnace or a complete Abstract of Title, tax certificates showing no delinquent
taxes (current taxes, insurance and rents, if any, to be prorated to date of
closing) a General Warranty Deed to be recorded at BUYER'S expense, conveying
good and marketable title, subject only to the following: NONE.
If Owner's Policy of Title Insurance is to be furnished hereunder, the
same is to be delivered as and when the sale is closed, which shall be within
seven (7) days from date hereof unless attorneys for said Title Company discover
objections to title, in which case sale is to be closed when objections are re-
moved, provided the objections are removed within a reasonable time, which in no
event shall extend beyond thirty (30) days from date hereof. It is agreed that
by the delivery of Owner's Policy of Title Insurance (form prescribed by State
Board of Insurance of the State of Texas) under the terms of this contract, dated
as of the date of closing and issued to BUYER in the amount of the total sales
price, guaranteeing BUYER'S title to be good and indefeasible subject only to the
foregoing exceptions, if any, and the following:
1. Restrictive covenants affecting the land described or referred to above.
2. Any discrepancies, conflicts, or shortages in area or boundary lines,
or any encroachments, or any overlapping of improvements.
3. All taxes for the current and subsequent years.
4. Rights of parties in possession.
all duties of the SELLERS as to the sufficiency of title required hereunder shall
be deemed to be fully performed by SELLERS; however, SELLERS shall not thereby
be released from the warranties of their deed.
If a complete Abstract of Title is to be furnished hereunder, the same shall
be certified by a reputable abstractor or abstractors to a current date and de-
livered to BUYER within fourteen (14) days from date hereof and BUYER shall have
fourteen (14) days from the date of receipt thereof within which to have it
examined and written report made thereon, a copy of which report shall be deliver-
ed to SELLERS within that time, pointing out any objections to title made by
BUYER, and no objection thereto shall be considered unless so pointed out. If
no valid objections to the title are so pointed out, the sale is to be closed
not later than seven (7) days after the expiration of the time herein allowed
BUYER to have the abstract examined. If any valid objections to the title are so
pointed out, SELLERS shall have a reasonable time not exceeding thirty (30) days
from the date of delivery to SELLERS of the written report pointing out the ob-
jections to title, in which to cure and remove such objections and close this
sale.
Time is of the essence of this contract.
Upon failure of either party hereto to comply herewith, the parties may at
their option declare this contract null and void or enforce specific performance
of the same. In addition, if title is found objectionable and is not cleared
within the time provided, BUYER may declare the contract null and void or enforce
specific performance hereof or seek such other relief as may be provided by law.
Executed in multiple copies this
SELLERS
/s/ Billy J. Angel
/s/ Muriel Angel
ATTEST:
15th day of August, 1975.
BUYER
CITY OF LUBBOCK
/s/ ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips, City Secretary
EXHIBIT "A"
1 - 8" Pump and 428 Ford Motor
2 - 1/4 mile side roll sprinklers
1 - 1/2 mile 4" hand -moved sprinkler
1 - 1/4 mile 6" flow line
1 - domestic submergible pump
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY
JOURNED FROM SPECIAL MEETING, August 15, 1975
ATTEST: RYr7BFXSS, MAYOR
G'ze.,A_�
Treva. Phillips, Cit Secretary -Treasurer
READ AND APPROVED THIS THE 28th day of August, 1975"61 84wer
r
ATTEST: ROY BAS , MAYOR
Treva Phillips, Cy Secretary -Treasurer
COUNCIL AD-
IV