HomeMy WebLinkAbout05596 ORD - 12/02/1959• . JAW:MW 11-27-59 ,
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AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE
CITY OF CORPUS CHRISTI TO CONDEMN A LEASEHOLD
INTEREST HELD OR CLAIMED BY LEONARD R. SIMPSON
AND HOWARD J. SIMPSOAL AND FULLY DESCRIBED
HEREIN,. SAID CONDEMNATION BEING NECESSARY FOR
THE PROJECT OF WIDENING AND IMPROVING A PORTION
OF STATE HIGHWAY N0. 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 N0. 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 N0. 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 WERE ACQUIRED SUBJECT TO CERTAIN UNRECORDED EXISTING
LEASEHOLD INTERESTS, WHICH SAID LEASEHOLD INTERESTS ARE NECESSARY TO BE
ACQUIRED BY THE CITY OF CORPUS CHRISTI IN ORDER THAT THE SAID PROJECT
MAY BE BEGUN AND COMPLETED; AND
WHEREAS, LEONARD R. SIMPSON AND HOWARD J. SIMPSON ARE THE
APPARENT HOLDERS OF A CERTAIN UNRECORDED LEASEHOLD INTEREST WHICH HAS 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, 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 PARTIES AS TO THE PRICE AND VALUE OF SAID LEASEHOLD
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INTEREST, 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 N0. 9 WITHIN THE CORPORATE LIMITS OF THE CITY OF
CORPUS CHRISTI.
NOW, THEREFORE, BEAT 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 INTEREST OWNED, HELD OR CLAIMED
BY LEONARD R. SIMPSON AND HOWARD J. SIMPSON, INSOFAR AS A LEASEHOLD
INTEREST IS HELD, COVERING, ON OR OVER THE FOLLOWING LOT, TRACT OR
PARCEL OF LAND, TO -WIT:
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 LIN.STATION 154 + 50.7 AND
BEARING S. 00 08' 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° 08' W. 237.29 FEET FROM THE NORTHWEST
CORNER OF THE HATCH COMMERCIAL SITES;
THENCE N. 74° 251 47° E., 93.13 FEET;
THENCE S. 88° 39+ E. 'A DISTANCE OF 9.341 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 BEGINNING, AND CONTAINING 6,773.10 SQ. FEET.
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 TO PROCEED WITH SAID CONDEMNATION SUIT TO TTS CONCLUSION,
WITH THE INTENTION OF OBTAINING POSSESSION AND FULL TITLE TO SAID LEASEHOLD
INTEREST SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT OF WIDENING AND
IMPROVING A PORTION OF STATE HIGHWAY N0. 9 MAY BE COMMENCED AND COMPLETED.
-2-
SECTION 3. THE PUBLIC IMPORTANCE OF SECURING ALL LEGAL
INTERESTS IN THE RIGHT OF WAY NECESSARY FOR THIS PUBLIC PROJECT
HEREINABOVE DESCRIBED SO THAT SAID CONSTRUCTION AND IMPROVEMENT PRO-
JECT 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 MAYOR, 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
PA5SAG T IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY
OF X959•
P1AYOR
THE CITY F CORPUS RISTI� TEXAS
ATTEST:
CITY ECRET RY
APPROVED AS TO LEGAL FORM THIS
DAY OF / ,11959:
1
CITY ATTORNEY
CORPUS CHRISTI EXAS
DAY OF 19-a
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
YOR ,
THE CITY CORPUS C R 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 AIRKEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.