HomeMy WebLinkAbout05554 ORD - 11/04/1959JAW:AH:11 -2 -59
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY
THE CITY OF CORPUS CHRISTI TO CONDEMN A LEASE -
HOLD,,ESTATE, AND LEASEHOLD IMPROVEMENTS,OWNED
BY THE S. K. INVESTMENT COMPANY, A COPARTNERSHIP
COMPOSED OF SAM SUSSER AND SHELDON KATZ, AND FULLY
DESCRIBED HEREIN, SAID CONDEMNATION BEING NECESSARY
FOR THE PROJECT OF WIDENING AND IMPROVING OF A POR-
TION OF STATE HIGHWAY NO. 9,.WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE
CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT
THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN
EMERGENCY.
WHEREAS, IT HAS BEEN DETERMINED BY THE CITY OF CORPUS CHRISTI
AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSION,
THAT IT IS NECESSARY THAT A GRADE SEPARATION BE CONSTRUCTED ON STATE HIGH-
WAY ND. 9 APPROXIMATELY MIDWAY BETWEEN THE INTERSECTIONS OF STATE HIGHWAY
NO. 9 WITH MCBRIDE LANE AND WITH SAVAGE LANE, ALL OF WHICH PARTS OF
STATE HIGHWAY NO. 9 ARE WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS
CHRISTI, AND
WHEREAS, SAID GRADE SEPARATION REQUIRES THE WIDENING OF THE
EXISTING STATE HIGHWAY NO. 9 RIGHT OF WAY FOR CONSTRUCTION OF FRONTAGE
ROADS THEREON, IN ACCORDANCE WITH THE CERTAIN PLANS JOINTLY APPROVED
BY THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSION,
AND THE CITY OF CORPUS CHRISTI, BEING PROJECT N0. C- 74 -6 -37, AND
WHEREAS, FEE TITLE TO SAID LANDS NECESSARY TO BE ACQUIRED
IN THIS WIDENING PROJECT HAVE, AND ARE SUBJECT TO, CERTAIN EXISTING
LEASEHOLD INTERESTS THEREON, AND CERTAIN IMPROVEMENTS CONSTRUCTED THERE-
ON UNDER THE TERMS OF SAID LEASES, ALL OF WHICH SAID LEASEHOLDS AND
LEASEHOLD IMPROVEMENTS ARE NECESSARY TO BE ACQUIRED BY THE CITY OF
CORPUS CHRISTI IN ORDER THAT THE SAID PROJECT MAY BE BEGUN AND COMPLETED;
AND
WHEREAS, THE S. K. INVESTMENT COMPANY, A COPARTNERSHIP COMPOSED
OF SAM SUSSER AND SHELDON KATZ, IS THE APPARENT HOLDER OF A CERTAIN LEASE-
HOLD, AND LEASEHOLD IMPROVEMENTS, WHICH HAVE TO BE ACQUIRED IN CONJUNCTION
AND FURTHERANCE OF THE SAID PROJECT, AND SAID PARTIES HAVING BEEN MADE A
BONAFIDE AND FAIR OFFER FOR THE NECESSARY LEASEHOLD AND IMPROVEMENTS
5554 \
THEREON BUT HAVE WHOLLY REFUSED AND FAILED TO ACCEPT SAID
BONAFIDE AND FAIR OFFER, AND THE CITY OF CORPUS CHRISTI IS UNABLE
TO ARRIVE AT AN AGREEMENT WITH SAID OWNERS AS TO THE PRICE AND VALUE
OF THE SAID LEASEHOLD INTEREST AND LEASEHOLD IMPROVEMENTS, IT HAS
BECOME EXPEDIENT THAT SUCH BE ACQUIRED BY THE CITY THROUGH THE
EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR THE SAID PUBLIC PROJECT
AND PURPOSE OF WIDENING AND IMPROVING A PORTION OF THE RIGHT OF WAY
OF STATE HIGHWAY ND: 9 WITHIN THE CORPORATE LIMITS OF THE CITY OF
CORPUS CHRISTI.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. IN CONFORMITY WITH THE PREMISES, AND IN ACCORDANCE
WITH THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF
CORPUS CHRISTI, NUECES COUNTY TEXAS DOES HEREBY ORDER AND DIRECT THE
CONDEMNATION OF THAT CERTAIN LEASEHOLD ESTATE, AND LEASEHOLD IMPROVE-
MENTS, OWNED OR HELD BY THE S. K. INVESTMENT COMPANYs A COPARTNERSHIP
COMPOSED OF SAM SUSSER AND SHELDON KATZ, INSOFAR AS A LEASEHOLD ESTATE
IS HELD OR LEASEHOLD IMPROVEMENTS ARE OWNED COVERINGS ONE OR OVER THE
FOLLOWING TWO (2) LOTS, TRACTS OR PARCELS OF LANDS TO —WIT:
(1) BEING OUT OF THE NORTHEASTERLY PART OF
THAT PORTION-OF THE G. W. HATCH 100 ACRE TRACT FORMERLY
A PART OF SHARE °C° OF THE PETER MCBRIDE TRACT) AND
LYING DIRECTLY SOUTH OF HIGHWAY N0. 9, AND WHICH LAND
IS FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING 150 FEET WEST OF THE NE CORNER OF
SAID HATCH TRACT ON SAID HIGHWAY FOR THE NE CORNER OF
THIS TRACT;
THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF
SAID HIGHWAY 9 A DISTANCE OF 150 FEET FOR THE NW CORNER
OF THIS TRACT; _
THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE
JULIA ROBINSON TRACT A DISTANCE OF 500 FEET FOR THE SW
CORNER OF THIS TRACT; THENCE EAST 300 FEET TO THE WEST
LINE OF SAID ROBINSON TRACT FOR THE SE CORNER OF THIS TRACT
FOR THE POINT OF BEGINNING; THENCE NORTH 250 FEET ALONG
THE SAID WEST LINE OF SAID ROBINSON TRACT FOR A CORNER OF
THIS TRACT; THENCE WEST PARALLELING THE SOUTH BOUNDARY OF
HIGHWAY 9, 85 FEET FOR A CORNER OF THIS TRACT; THENCE
SOUTH PARALLELING THE SAID WEST PROPERTY LINE OF THE
ROBINSON TRACT A DISTANCE OF 250 FEET FOR A CORNER OF
THIS TRACT; THENCE EAST 85 FEET TO THE POINT OF BEGINNING
AND CONTAINING 21,250 SQUARE FEET MORE OR LESS;
(2) BEING OUT OF THE NORTHEASTERLY PART OF THAT
PORTION OF THE G. W. HATCH 10O ACRE TRACT (FORMERLY A PART
-2-
OF SHARE °C° OF THE PETER MCBRIDE TRACT) AND LYING
DIRECTLY SOUTH OF HIGHWAY N0, 9, AND WHICH LAND IS
FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
THENCE 150 FEET WEST OF THE NE CORNER OF THE SAID
HATCH TRACT ON SAID HIGHWAY 9 FOR THE NE CORNER OF
THIS TRACT AND PLACE OF BEGINNING; THENCE WEST ALONG
THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY 9 A
DISTANCE OF 150 FEET FOR THE Rd CORNER OF THIS TRACT;
THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE
ROBINSON TRACT A DISTANCE OF 80.02 FEET FOR THE SW
CORNER OF THIS TRACT; THENCE EAST PARALLELING THE
SOUTH RIGHT OF WAY LINE OF HIGHWAY 9 A DISTANCE OF
150 FEET FOR THE SE CORNER OF THIS TRACT; THENCE
NORTH PARALLELING THE SAID ROBINSON TRACT BOUNDARY
LINE A DISTANCE OF 80.02 FEET TO THE PLACE OF
BEGINNING, AND CONTAINING 12,003 SQUARE FEET MORE OR
LESS.
SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND
DIRECTED TO CARRY OUT THE DIRECTION OF THIS ORDINANCE BY INSTITUTING
CONDEMNATION PROCEEDINGS AGAINST SAID OWNERS, AND ANY OTHER PERSONS
WHO MIGHT BE FOUND TO HAVE AN INTEREST THEREIN CONDEMNING SAID LEASE-
HOLD INTEREST AND SAID LEASEHOLD IMPROVEMENTS AND TO PROCEED WITH
SAID CONDEMNATION SUIT TO ITS CONCLUSION, WITH THE INTENTION OF
OBTAINING POSSESSION AND FULL TITLE TO SAID LEASEHOLD AND LEASEHOLD
IMPROVEMENTS SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT OF
WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY NO. 9 MAY BE
COMMENCED AND COMPLETED.
SECTION 3. THE PUBLIC IMPORTANCE OF SECURING ALL LEGAL
INTERESTS AND ESTATES IN THE RIGHT OF WAY NECESSARY FOR THIS PUBLIC
PROJECT HEREINABOVE DESCRIBED SO THAT SAID CONSTRUCTION AND IMPROVEMENT
PROJECT MAY BE COMMENCED AND COMPLETED CREATES A PUBLIC EMERGENCY
AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE
CHARTER RULE PROVIDING 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 MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST
AND HAVING - REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT
THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL,FORCE AND EFFECT FROM AND AFTER ITS
-3-
PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE
°/ DAY OF NOVEMBER, 7959•
!
MAYOR
THE CITY OF 6us CHRISTI JEXAS
ATTEST:
`
CITY SECRETARY`
APPROVED AS TO LEGAL FORM THIS
2ND DAY OF NOVEMBER, 1959:
���fi
Ty ATTORNEY
Y
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
DAY OF. - Xn" , i9-5-Y
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;
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,
it
YOR
THE CITY OF C RPUS CHRIS I, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
ELLRDY 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 THE FOLLOWING VOTES
ELLRDY KING ({��
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.