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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: 5a)ay° �_m • 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 r IS ACCORDINGLY PASSED AND APPROVED, THIS THE 9J DAY OF 1959, a � 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.