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HomeMy WebLinkAbout05682 ORD - 02/24/1960• JAW:MW 2 -24 -bo •_ • AN ORDINANCE DECLARING THE CANCELLATION OF A LEASE TO LEONARD R. SIMPSON.AND HOWARD J. SIMPSON, LESSEES, INSOFAR AS IT COVERS CERTAIN ACREAGE, MORE FULLY DESCRIBED HEREIN, BECAUSE OF NONPAYMENT OF RENTALS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI PURCHASED CERTAIN LAND FROM G. W. HATCH, SR., ET UX, FOR USE IN THE PUBLIC PROJECT KNOWN AS THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, AND INCLUDING THE HIGHWAY 9 GRADE SEPARATION; AND WHEREAS, THE CITY OF CORPUS CHRISTI AS PURCHASER AND PRESENT OWNER OF SUCH LAND 15 ENTITLED TO THE RIGHTS OF ITS GRANTORS AS TO ANY LEASES COVERING THE LAND PURCHASED; AND WHEREAS, LEONARD R. SIMPSON AND HOWARD J. SIMPSON WERE LESSEES OF G. W. HATCH, SR., ET UX; AND WHEREAS, THE SAID UNRECORDED LEASE PROVIDES FOR CERTAIN MONTHLY RENTALS, THE BREACH OF WHICH COVENANT TO PAY RENTALS ENTITLES THE LESSOR TO CANCELLATION OF THE LEASE WITHOUT FURTHER NOTICE, THE BREACH OF WHICH COVENANT HAS OCCURRED AND ENTITLES THE CITY TO CANCEL THE LEASE WITHOUT FURTHER NOTICE; AND WHEREAS, THE CITY OF CORPUS CHRISTI HAS NOT RECEIVED AIVY RENTAL PAYMENTS THEREUNDER, ALTHOUGH SUCH LESSEES HAD NOTICE THAT THE CITY CLAIMED SUCH PAYMENTS, AND IN FACT, NO RENTAL PAYMENTS HAVE BEEN MADE EITHER TO THE CITY OR TO G. W. HATCH FOR SEVERAL MONTHS; AND WHEREAS, TITLE TO THE PROPERTY NEEDS TO BE CLEARED FOR USE IN THE SAID PUBLIC PROJECT] AND WHEREAS, THE CITY HAS THE RIGHT TO CANCEL AND DECLARE CANCELLED AND FORFEITED THE SAID LEASE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE LEASE BETWEEN G. W. HATCH, SR., ET UX, AND LEONARD R. SIMPSON AND HOWARD J. SIMPSON, INSOFAR AS IT COVERS THE LOT, TRACT OR PARCEL OF LAND PURCHASED FROM G. W. HATCH, SR., ET UX, BY THE CITY OF CORPUS CHRISTI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WTT: BEGINNING AT THE POINT OF INTERSECTION OF THE EXISTING NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY No. 9 AND THE WEST BOUNDARY LINE OF THE G. W. HATCH PROPERTY (KNOWN AS THE "HATCH COMMERCIAL SITES "); SAID POINT BEING OPPOSITE ENGINEERS CENTER LINE-STATION 154 + 50.7 AND BEARING S. 00° 081 W. 290.2 FEET FROM THE NORTHWEST CORNER OF THE.HATCH COMMERCIAL SITES; THENCE N. 00° 081 E., 52.91 FEET TO A POINT IN THE PROPOSED NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 9, BEARING S. 00° 081 W. 237.29 FEET FROM THE NORTHWEST CORNER OF THE HATCH COMMERCIAL SITES; THENCE N. 74' �5, 47" E•, 93.13 FEET; THENCE S. 88° 391 E. A DISTANCE OF 9.34' TO A POINT; THENCE S. 00° 08, W. A DISTANCE OF 80.02' TO A POINT IN THE PRESENT NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY No. 9; THENCE N. 88° 39' W. A DISTANCE OF 100.00 FEET TO THE PLACE OF BEGINNINGS AND CONTAINING 6,773.10 SQ. FEET, IS HEREBY DECLARED CANCELLED AND FORFEITED FOR NONPAYMENT OF RENTALS, AND THE SAID LESSEES ARE HEREBY DIRECTED TO REMOVE ANY IMPROVEMENTS REAL OR PERSONALS THAT MIGHT BE ON THE SAID LOT, TRACT OR PARCEL OF LANDS AND TO WHICH THEY ARE ENTITLED TO REMOVE. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED TO DO ALL THINGS NECESSARY TO CLEAR LEGAL TITLE TO SAID PROPERTY TO THE SATISFACTION OF THE STATE HIGHWAY DEPARTMENT UNDER THE TERMS OF THE AGREEMENT PER- TAINING TO HIGHWAY 9 GRADE SEPARATION. SECTION 3. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. SECTION 4. THE FACT THAT THE COVENANT TO PAY RENT ON THE SAID LEASE HAS BEEN BREACHED AND IT IS NECESSARY THAT THE TITLE TO THE LAND BE CLEARED FOR PUBLIC PROJECTS 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 INTRO- DUCTION 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 TAKE EFFECT AND BE IN FULL FORCE -2- AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS DAY OF 7z , 196o MAYOR THE CITY 0 CO 'PUS CHRIS , TEXAS ATTEST: CITY SECRET AR"/ APPROVED AS TO LEGAL FORM THIS 24TH DAY,OF FEBRUARY, 1960: INTO ATTO ol CORPUS CHRISTI TEXAS IDAY OF 19_�_k TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, 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; I, 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, YO THE CITY OF C PUS CHR I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY T ELLROY KING JAMES L. BARNARD MRS. RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.