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HomeMy WebLinkAboutMIN 04.29.1963 CC-S310 Cn H Georgetown, Texas. N April 29, 1963 The City Council met in called session on the above date, Mayor R. S. Elliott presiding. The following officials were present, E. P. Miles, Kennie 'r+ilcox, Jr., A. W. Hoyt, Jr., Edward Lee Evans, Doyle Lyda, Lee C. Black, City Manager, Claud Eads, City Secretary, Vti. K. McClain, City Attorney, Dari Dowda, Chief of Police, L. G. Glover, General Superintendent, C. S. Sanders, City Tax Collector & Assessor, Fred Knauth, Darrell Bradford, Corporate Jude,e, Wray Weddell, Reporter for Austin American, Frank Byratit, Les.:Hudson, H. W. Currington with Marvin Turner Engineers, Douglas Henslee, Cliff V'+elch and John Allen, with Rauscher, Pierce & Co., Inc. Also present were J. P. Kerr, Sam Brady, Lil Dimmitt, D. D. Sharpe. Lotion By A. Vi. Hoyt, Jr., and seconded by E. L. Evans that Mayor, R. S. Elliott be authorized to sign Proxies authorizing Georgetown Savings & Loan Association to vote City's Stock. Yotion carried by unanimous vote. Yotion by E. L. Evans and seconded by Doyle Lyda that Manager Black be authorized to sprinkle area around baseball Park. Motion carried by unanimous vote. The City Attorney reported to theezuncil that he had contacted the committee from the Odd Fellows Lodge concerning deeding the Lone Star Gas Building and the small building east of the Lone Star Building to the City. Mr. McClain reported that an agreement had been reached on certain principles involved in the matter and that final details would be worked out with the Committee and final report made at the neat meeting. The tentative agree— ment is as followss The Committee will deed to the City all of the above two buildings and all vacant lots in the Odd Fellows Cemetery to the City. The City in consideration of these conveyances will agree to maintain the Cemetery on a perpetual basis. In carrying out this agreement the contract will provide for a committee of three members, two appointed by the Odd Fellows and one appointed by the City. jhe Committee, coipposed largely of the Odd Fellows Could continue to sell and transfer the Cemetery lots to persons applying for them; and a special fund would be created in order to keep the books of the transaction which would include depositing all rents and sale of lots to this fund and drawing all checks on the fund to pay -for the upkeep of the cemetery. 311 The City would agree to pay all overdrafts on the fund if any occur. It was further agreed that in the event that the Odd Fellows Lodge should cease to exist in Georgetown that the above Committee would be dissolved and the City would have the entire responsibility for the perpetual care of the Cemetery. Yr. McClain 'further' stated that regarding taxes now due by the Odd Fellows that when the property was transferred to the City, 'unconditionally, that the Lodge would pay all State and County Taxes and would pay all School Taxes up to an including the day of transfer. The City would not collect the taxes on this property for any back assessments then due. It was further understood that no agreement so made with the City would include the Odd Fellows Lodge Building now occupied by the Davis Furniture Company and this building would continue in it's present status. -After the a')ove was explained to the Council the Council instructed the City Attorney to proceed with the paper work and have the same ready by the next regular meeting of the Council. Mayor Elliott stated that property adjacent to the Belford property is owned by Georgetown Railroad had been appraised at 12,300.00. Mr. J. P. Kerr, Official of Railroad stated that the Georgetown Railroad Co. would was not interested in selling property but consider trading for other property. Sam Brady , D. D. Sharpe and Lil Dimmitt stated that they were opposed to the purchase of The Belford property. Resolution Bel -ford Property Read by Mayor. RESOLTIT ION . STATE OF TEXAS, ( BY THIS AGREMIENT AND CONTRACT, COUNTY OF WILLIAMSON, ) Belf'ard' Lumber Company, Inc., hereinafter called Seller, hereby sells and agrees to convey unto the City of Georgetown, Texas, herein- after called Purchaser, the following described property= Lying and being situated in the City of Georgetown, Texas, and described as follows= All of Block No. 36; the East One -Half of Block 43; Lots No. 8 and 1 in Block No. 42, the East 100 feet of Lot No. 2, and all of Lot No. 3 owned by the Belford Lumber Company, Inc., all in Block No. 42, The purchase price is X22,500.00, payable as followss 312 01 4-4 $22,500.00 Cash (of which the Purchaser has deposited with W. S. Lott $1,000.00 as part payment, the X1,000.00 being deposited with W. S. Lott as Escrow Agent). Seller agrees to furnish a complete abstract to said property, showing good marketable title to said property, which shall be conveyed free and clear of any and all encumbrances, except those named herein. If abstract is furnished, purchaser agrees within 30 days from the receipt of said abstract either to accept the title as shown by said abstract or to return it to the Belford Lumber tempany, Inc., with written objections to the title. If the abstract is not returned to the Belford Lumber Company, Inc., with the written objections noted within the time specified, it shall be construed as acceptance of said title. If any title objections are made, then the seller shall have a reasonable time to cure said objections and show good and marketable title. In the event of failure to show good and marketable title, the purchase money hereby receipted for and held by Si. S. Lott as Escrow Agent is to be returned to the purchaser upon the cancellation and return of this contract, or purchaser may enforce specific performance of the same. Seller agrees when the title objections have been cured, to deliver a good and sufficient general warranty deed properly conveying said property to said purchaser, and the purchaser agrees, when said deed is presented. to pay the balance of the cash payment herein provided for. Should the purchaser fail to consummate this contract as specified for any reason except title defects, seller shall have the right to retain said cash deposit as liquidated damages for the breach of this contract. The Seller agrees to pay all of the taxes against said property for the year 1963 and all prior years. Insurance is to be prorated to the date of closing. This transaction shall be closed on or before Jan. lst, 1964 from date, and upon the closing of said contract, the seller will give possession of said property to the purchaser. It is further agreed that bill of the buildings and all fixtures attached to said buildings shall be delivered to the purchaser upon the closing of this contract, save and excepts The Beller shall have the right to remove the scales now 'used for wei.ghing trucks, etc. The seller shall also have the right to remove the safe in the Belford Lumber,Compahy, Inc., building when said building is torn down by the purchaser. 313 The seller shall not remove any lumber nailed to or a part of any bf the buildings lots&ted on said premises. The City Council of the City of Georgetown, Texas, has caused these presents to be signed by Rawleigh Elliott , Mayor of Georgetown, Texas, and the Belford Lumber Company, Inc., has caused these presents to be signed by its duly undersigned agent. Executed in triplicate this 29th, day of April, 1913- BELFORD LUbIBER COMPANY, INC. By t CITY OF GEORGrTOWN By: RawleiSh Elliott, a-yor. TFE STATE OF TEXAS, COTITITY OF ItiILLIAYTSON. BEFORE ME, the undersigned authority, on this day personally appeared Fred Belford, 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 Belford Lumber Company, Inc., a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UDTr-,ER MY HAND A=ID SEAL OF OFFICE,this the 29th, day of April, 1963• NC)TAI-'.Y PUBLIC in and for Williamson County,'Texas. THE STATE OF TTMAS, COTT?ITY OF WILLIAhSON. BEFORE I'TE, the undersigned authority, on this day personally appeared Rawleigh Elliott, 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 City of Georgetown, Texas;, -a corporation, and that he executed the same as the g6t:;of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2117th, day of April, 1963, NOTARY PUBLIC in and for Williamson County, Texas. 314 April 29th, 196-3- Motion 96:3- Motion made by Councilman Fdward Lee Evans and seconded by Councilman royle L,rda that the following resolution be adopted. RESOLVE that the City Council enter into a contract of purchase and sale with Belford Lumber Company, Inc., for the purchase of certain lots, to -wit - All of Plock No. 36; The East One -Half of Block 43; Lots No. 8 and 1 in 'clock No. 42, the East 100 Feet of Lot No. 2, and all Of Lot No. 3, owned by Belford Lumber Company%Inc, tie last mentioned Lot No. 2 and Lot No. 3, being out of Block 42, The consideration to be x.22,500.00 Cash. The Mayor is hereby authorized to sign and execute said contract for an on behalf of the City the contract as read and presented to the City shall be the contract to be signed by the Mayor. Be it further Pesolved that the City is purchasing the above-) lend for the purpose of building a City Rall which shall house the administrative offices of the City; said building shall house the police department, a municipal court; the fire department and all other offices and agencies of the City; and for the further purpose of providing a parkin; area for the business section of the City. The form of the Contract of gale and Purchase is attached to this Resolution and made a part thereof. These voting for the Resolution are as follows% Edward Lee Evans Doyle L-yda Those voting against the Resolution are as follows% Edgar P, Miles A. IV. Hoyt, Jr. Rennie bileox, Jr. 315 Mr. H. W. Currington discussed at length with the council the location of proposed water and sewer lines, South of River, Northtown, Hod;;es, Addition, Southwest section, Northtown and Anderson Addition,at a approximate cost of 1315,000.00. Mfr. Henslee discussed at length with the council the types of bonds and assured the council of their full cooporation in furnishing information in preparation for the '_'ond election. He also stated that a Bond issue 315Y would require a payment of approximately 22M per year for a term► of 21 years, 50M General Obligation Bonds --would take 4M per year for 12years. , Motion by A. Yy. Hoyt, Jr, and seconded by E. P. Miles that Manager Black be authorized to purchase space for water tower from Mussell Parker. A'.otion carried by unanimous vote. Motion by I'vilcox and seconded by Hoyt that 4 315M water & sewer Bonds and 501.2 Street repair Bonds making a total of �3E5`. RESOLUTION YiTEREAS, the State of Texas Highway Department `is contemplating improvements on Interstate 35 through the City of Georgetown; and 1+IIE�EAS, it is necessary that the City designate someone to sign contracts, estimates and other instruments involved in the said proposed construction. W7, THEPEFCFE, BE IT RF3C`LVE'D that the Governing Body of the City of Georgetown designates its City Manager to sign contracts, a`reements, estimates, and any other pertinent documents incident to the utility relocation or construction of Interstate Highway 35 through Georgetown where (Project 135-3(41)260)/the siznature of a representative of the City is required. BE IT FC?RTHER RESOLVED that the City Secretary is hereby empowered to attest to the signature of the City Manal-er and to affix the City Seal if the same be required. PASSED A%TD APFPOVrT) this the 29th day of April 1963. 316 cr ( SEAL) Cit;, Secretary I, Claud Eads, City Secretary of the City of Georgetown, Texas, hereby certify that the above is a true and correct copy of a Resolution passed by the Governing Body of the City of kxeorgetown on the 29th day of April 1963, the original 8opy is on file in the ofricial record of the City which are in my custody. Witness my hand and seal this the 30th day of April 1963- Claud 9,3. Claud Eads City Secretary Lotion by Hoyt and seconded by Wilcox that above resulution be approved. Motion carried by unanimous vote. There being no further business on motion by Miles and seconded by hilcox council adjourn. "/—Mayor, Ci of George o , x ATTEST; tyecreta y3� o- H c� N