HomeMy WebLinkAbout05669 ORD - 02/17/1960® JAW:Mw 2 -16 -60 -
AN ORDINANCE
THE SUM OF
FUND NO. 230, PROJECT NO. 230-55-9-34; AUTHORIZING AND
DIRECTING THAT SECURITY IN THE AMOUNT DETERMINED BY THE
117TH DISTRICT COURT BE DEPOSITED INTO THE REGISTRY OF
THE 117TH DISTRICT COURT AND TO SUBSTITUTE SUCH FOR
THE CASH SECURITY DEPOSITED INTO, THE REGISTRY OF THE
DISTRICT COURT, IF PERMITTED BY ORDER OF THE DISTRICT
JUDGE IN SAID CAUSE NO. 69168 -e; RATIFYING THE ACTION
OF THE CITY ATTORNEY IN BRINGING A CROSS - ACTION TO
QUIET TITLE AND ALTERNATELY A CROSS - ACTION FOR CON -
DEMNATION, IF SUCH BE NECESSARY IN CAUSE NO. 69168 -B;
AND DECLARING AN EMERGENCY.
WHEREAS, CITY OF CORPUS CHRISTI BECAME THE OWNER IN FEE OF
CERTAIN PROPERTY OWNED BY G. W. HATCH, SR., ET UX, AND SUCCEEDED TO
THE RIGHTS OF THE GRANTOR, INCLUDING PERFORMANCE OF COVENANTS OF ANY
LEASES EXISTING, OR CLAIMED TO EXIST, ENCUMBERING THE SAID FEE; AND
WHEREAS, CITY OF CORPUS CHRISTI DID BY ORDINANCE NO. 5592,
CANCEL ANY LEASE HELD BY THE CONSUMERS LUMBER AND SUPPLY COMPANY, OR
ITS ASSIGNS, OR CLAIMED TO BE SO HELD, INSOFAR AS IT COVERED LANDS
PURCHASED IN FEE FROM G. W. HATCH, SR., ET UX, BECAUSE OF BREACH OF
COVENANTS OF SUCH CLAIMED LEASE; AND
WHEREAS, THE ESSKAY INVESTMENT COMPANY INSTITUTED SUIT AGAINST
THE CITY OF CORPUS CHRISTI ATTEMPTING TO ENJOIN THE CITY FROM USING THE
PROPERTY PURCHASED FROM G. W. HATCH, SR. FOR THE PUBLIC PURPOSES FOR
WHICH IT WAS PURCHASED; AND
WHEREAS, THE CITY OF CORPUS CHRISTI FILED AN ANSWER DENYING
SUCH PETITION, AND A CROSS - ACTION TO CLEAR TITLE TO THE PROPERTY, AND
AS PERMITTED UNDER ARTICLE 3269, TEXAS REVISED CIVIL STATUTES, FILED
AN ALTERNATE CROSS - ACTION FOR CONDEMNATION, IN THE EVENT IT BE WRONG
ON ITS FIRST CROSS- ACTION; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS THE STATUTORY RIGHT
TO PUT UP SECURITY AND TAKE POSSESSION OF THE DISPUTED PROPERTY PENDING
FULL LITIGATION ON THE MERITS; AND
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WHEREAS, THE DISTRICT JUDGE OF THE 117TH DISTRICT COURT OF
NUECES COUNTY, TEXAS, IS HEARING EVIDENCE UPON THE AMOUNT OF DEPOSIT
OF SECURITY; AND
WHEREAS, THE VALUE OF ALL SUCH PROPERTY OWNED BY THE ESSKAY
INVESTMENT COMPANY 1S BY ITS OWN PETITION FOR ABANDONMENT OF ASSETS
FILED IN THE BANKRUPTCY COURT OF LESS VALUE THAN THE AMOUNT OF $21,126.16;
AND
WHEREAS, THE DISTRICT COURT IN ITS DISCRETION MAY DETERMINE
IN ITS DISCRETION A GREATER OR LESSER AMOUNT; AND
WHEREAS, THE CITY WILL BE ENTITLED TO TAKE IMMEDIATE POSSESSION
OF THE DISPUTED LANDS UPON DEPOSIT OF SECURITY; AND
WHEREAS, THERE IS AN URGENCY AND NECESSITY THAT THE CITY
HAVE POSSESSION IN ORDER TO COMPLETE THE PUBLIC PURPOSE AND PROJECT OF
THE BASCULE BRIDGE RELOCATION PROJECT; AND
WHEREAS, IN ORDER TO ALLOW THE CITY TO BE ABLE TO DEPOSIT,
AS SOON AS POSSIBLE, WHATEVER SECURITY THE JUDGE MIGHT DECREE AND ORDER
AS A PREREQUISITE TO THE CITY TAKING POSSESSION OF SAID PROPERTY DESCRIBED
IN CAUSE NO. 69168 -B, IT IS NECESSARY THAT SUCH SUM AS THE COURT MAY
DECREE AS SECURITY BE APPROPRIATED AND SUBJECT TO DEPOSIT IN THE REGISTRY
OF THE COURT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
AND REAPPROPRIATED
SECTION 1. THERE IS HEREBY APPROPRIATED/FROM THE BRIDGE
REMOVAL AND RELOCATION BOND FUND NO. 230, PROJECT N0. 230 - 55-9.34, THE
SUM OF $21,126.16 OR SUCH OTHER AMOUNT AS MAY BE DECREED BY THE 117TH
DISTRICT COURT IN NUECES COUNTY, TEXAS, CAUSE N0. 69168 -B, AS THE AMOUNT
OF SECURITY NECESSARY FOR THE CITY TO DEPOSIT IN ORDER TO TAKE IMMEDIATE
POSSESSION OF THE LANDS NEEDED FOR MUNICIPAL PUBLIC PURPOSES.
SECTION 2. THE CITY ATTORNEY IS AUTHORIZED AND DIRECTED TO
DEPOSIT IN THE REGISTRY OF THE NUECES COUNTY DISTRICT COURT IN CAUSE NO.
69168 -B, THE AMOUNT AS DETERMINED BY THE COURT TO BE SECURITY NECESSARY
TO BE DEPOSITED IN ORDER THAT THE CITY MAY TAKE POSSESSION OF THE LANDS
NEEDED FOR PUBLIC PURPOSES.
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SECTION 3. THE DIRECTOR OF FINANCE IS AUTHORIZED TO
PURCHASE NEGOTIABLE BONDS IN THE AMOUNT OF THE SECURITY DEPOSITED
BY THE CITY IN CAUSE NO. 69168 -B, AND TO SUBSTITUTE SUCH NEGOTIABLE
BONDS FOR THE CASH SECURITY DEPOSITED INTO THE REGISTRY OF THE COURT,
IF SUCH IS PERMITTED IN THE ORDER OF THE DISTRICT JUDGE IN SAID CAUSE
ND. 6g168 -B.
SECTION 4. THE ACTION OF THE CITY ATTORNEY IN DEFENDING THE
SUIT BROUGHT BY THE ESSKAY INVESTMENT COMPANY AGAINST THE CITY OF
CORPUS CHRISTI, BEING CAUSE NO. 69168 -B, BY BRINGING A,.CROSS- ACTION TO
QUIET TITLE AND ALTERNATELY A CROSS- ACTION FOR CONDEMNATION, IF SUCH
BE HELD TO BE NECESSARY IN ORDER TO CLEAR THE LEGAL TITLE TO THE LANDS
DESCRIBED THEREIN AS TRACTS 1 AND 2, IS HEREBY RATIFIED IN ALL RESPECTS.
SECTION 5. THE FACT THAT THE URGENCY AND NECESSITY OF
COMPLETING AND CARRYING OUT THE PUBLIC PURPOSE AND PROJECT OF THE
BASCULE BRIDGE RELOCATION PROJECT REQUIRING THE CLEARING OF LEGAL
TITLE TO THE LANDS DESCRIBED AS TRACTS 1 AND 2 IN CAUSE NO. 69168 -B,
AND TO GET IMMEDIATE POSSESSION OF SUCH TRACTS 1 AND 2 CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION
SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING
REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE JLDAY OF FEBRUARY,
ig6o.
ATTEST: MAYOR
rf\,kf THE CITY F ORPUS C IST1, TEXAS
CITY SEC RY U
APPROVED AS TO LEGAL FORM THIS
16TH DAY OF FEBRUARY, 1960:
CITY ATTORNEY
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• JAW:AH:10 -20 -59 •
�`` /i/yK'
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE
CONTRACTS AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE
AND FOREGOING ORDINANCE IS IN THE �TREASURY OF THE CITY OF CORPUS CHRISTI
TO THE CREDIT OF NO. 2 3o I >v `'�"�'7/�' tl— �!//iG�c'✓G%'
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
(RECTOR OF FINANCE
CORPUS CHRISTI , 14XAS
_a- AY OF '19_�o
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL
1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY
MAYOR
THE CITY OF(opus CHR 16T 1, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
ELLRoT KING ✓ Cc.H
JAMES L. BARNARD _.z
MRS. RAY AIRHEART d"
JOSEPH B. DUNN
PATRICK J. DUNNE /
R. A. HUMBLE ✓,.
GABE LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW
ELLROY KING
JAMES L. BARNARD ✓
MRS. RAY AIRHEART
JOSEPH B. DUNN v
PATRICK J. DUNNE'f
R. A. HUMBLE
GABE LOZANO, SR..'
VOTE:
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