HomeMy WebLinkAbout05592 ORD - 11/25/1959"o JAW :JKH :11 -23 -59 •
AN ORDINANCE
DECLARING THE CANCELLATION OF A LEASE TO
CONSUMERS LUMBER AND SUPPLY COMPANY MESEE,
INSOFAR AS -IT CUV RS C RTAIN ACREAGE, MORE
FULLY DESCRIBED IN, PURCHASED THE CITY
OF CORPUS CHRISTI, BECAUSE OF NONPAY MEN T OF
RENTALS AND NONPAYMENT OF TAXES ASSESSED; AND
DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI PURCHASED CERTAIN LANDS
FROM G. W. HATCH, SR., ET UX, FOR USE IN THE PROJECT KNOWN AS THE
BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, AND HIGHWAY 9 GRADE
SEPARATION, SAID PURCHASE BEING MADE SUBJECT TO ANY RIGHTS OF CERTAIN
NAMED PARTIES THEREIN AT THE TIME OF PURCHASE; AND
WHEREAS, CONSUMERS LUMBER AND SUPPLY COMPANY WAS A LESSEE OF
G. W. HATCH, SR., ET UX, FOR SEVERAL YEARS, PRIOR TO SAID COMPANY FILING
BANKRUPTCY PROCEEDINGS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI AS PURCHASER IS ENTITLED
TO ALL RIGHTS OF ITS GRANTORS, G. W. HATCH, SR., ET UX; AND
WHEREAS, THE SAID LEASE TO THE CONSUMERS LUMBER AND SUPPLY
COMPANY PROVIDED FOR CERTAIN MONTHLY RENTALS, THE BREACH OF WHICH
COVENANT TO PAY RENTALS ENTITLED THE LESSOR TO CANCELLATION OF THE LEASE
WITHOUT FURTHER NOTICE, AND THE SAID LEASE FURTHER PROVIDED THAT ALL
AD VALOREM TAXES WERE TO BE PAID BY THE LESSEE, THE BREACH OF WHICH COVE-
NANT ENTITLED THE LESSOR TO CANCEL LEASE WITHOUT FURTHER NOTICE; AND
WHEREAS, THE CITY OF CORPUS CHRISTI ACCEDES TO ALL THE RIGHTS
OF ITS GRANTOR, AND IS ENTITLED TO THE PRO RATA RENTAL AS TO THE TRACT
OR PARCEL PURCHASED BY THE CITY WHICH IS COVERED BY SAID LEASE; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS NOT RECEIVED ANY RENTAL
PAYMENTS, NOR HAVE THE TAXES BEEN PAID TO THE TAXING AGENCIES FOR
SEVERAL YEARS BUT ARE DELINQUENT; AND
WHEREAS, THE PROPERTY NEEDS TO BE CLEARED OF IMPROVEMENTS
FOR THE SAID PUBLIC PROJECTS; AND
WHEREAS, THE CITY HAS THE RIGHT TO CANCEL AND DECLARE CANCELLED
AND FORFEITED THE SAID LEASE:
NOd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
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SECTION 1. THE LEASE BETWEEN CONSUMERS LUMBER AND SUPPLY
COMPANY AND G. W. HATCH, SR., INSOFAR AS IT COVERS THE TWO (2) PARCELS
OR LOTS OF LAND PURCHASED FROM G. W. HATCH, SR., ET,UXy BY THE CITY OF
CORPUS CHRISTI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, 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 NO. 9, AND WHICH LAND
IS FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING 150 FEET WEST OF TIE N E CORNER OF SAID HATCH
TRACT ON SAID HIGHWAY FOR THE N E CORNER OF THIS TRACT;
THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID HIGH-
WAY 9 A DISTANCE OF 150 FEET FOR THE N W CORNER OF THIS TRACT;
THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE JULIA
ROBINSON TRACT A DISTANCE OF 500 FEET FOR THE S W CORNER
OF THIS TRACT; THENCE EAST 300.,FEET TO THE WEST LINE OF
SAID ROBINSON TRACT FOR THE S E 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 215250 SQUARE FEET MORE OR LESS;
(2) 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 NO. 9, AND WHICH LAND IS FURTHER
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THENCE 150 FEET
WEST OF THE N E CORNER OF THE SAID HATCH TRACT ON SAID
HIGHWAY 9 FOR THE N E 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 N W
CORNER OF THIS TRACT; THENCE SOUTH PARALLEL WITH THE
WEST LINE OF THE ROBINSON TRACT A DISTANCE OF 50.02
FEET FOR THE S W CORNER OF THIS TRACT; THENCE EAST
PARALLELING THE SOUTH RIGHT OF WAY LINE OF HIGHWAY 9
A DISTANCE OF 150 FEET FOR THE S E CORNER OF THIS TRACT;
THENCE NORTH PARALLELING THE SAID ROBINSON TRACT BOUNDARY
LINE A DISTANCE OF 50.02 FEET TO THE PLACE OF BEGINNING
AND CONTAINING 12,003 SQUARE FEET MORE OR LESS
IS HEREBY DECLARED CANCELLED AND FORFEITED FOR NONPAYMENT OF RENTALS
AND/OR FOR NONCOMPLIANCE WITH THE PROVISIONS COVENANTING PAYMENT OF ALL
TAXES AGAINST THE PROPERTY AND THE SAID CONSUMERS LUMBER AND SUPPLY
COMPANYS OR ITS ASSIGNS, ARE HEREBY DIRECTED TO REMOVE FROM THE PREMISES
ANY STRUCTURES, BUILDINGS OR IMPROVEMENTS TO WHICH THEY ARE ENTITLED UNDER
THE TERMS OF THE LEASE.
SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED TO DO ALL
THINGS NECESSARY TO CLEAR LEGAL TITLE TO SAID PROPERTY TO THE SATISFACTION
-2-
OF THE STATE HIGHWAY DEPARTMENT UNDER TERMS OF AGREEMENT PERTAINING TO
HIGHWAY 9 GRADE SEPARATION OR SATISFACTORY TO THE TERMS OF THE PRIMARY
AGREEMENT INVOLVING THE BASCULE BRIDGE RELOCATION PROJECT.
SECTION 3. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH.
SECTION 4. THE FACT THAT THE COVENANTS TO PAY RENT AND TO
PAY TAXES IN THE SAID LEASE HAVE BEEN BREACHED AND IT IS NECESSARY FOR
THE CITY TO CLEAR THE LAND FOR PUBLIC PROJECTS CREATES A PUBLIC EMER-
GENCY AID 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 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 P SSAG E� IT
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IS ACCORDINGLY PASSED AND APPROVED, THIS THE 9J DAY OF
1959,
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� OR
CITY SECRET AR THE CITY f CORPUS C RISTI, TEXAS
APP VED AS TO LEGAL 01N1 IS
DAY OF =01959:
1959:
n .�'CI ATTORNEY
CORPUS CHRISTI TEXAS
�/
(7l. g/ DAY OF D 15�
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 INTRODUCEDO 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
YOR
THE CITY aF RPUS CH STIR TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
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 AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.