HomeMy WebLinkAbout10717 RES - 02/16/1972THE STATE OF TEXAS [
COUNTY OF NUECES
8 ! 36jry �+ f
00
N O T I C E
HIL224 IMACE 705
KNOW ALL MEN BY THESE PRESENTS:
THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS
DULY ELECTED AND CONSTITUTED CITY COUNCIL, ON THE 23RD DAY OF FEBRUARY, 1972,
BY ORDINANCE NO. J-071Q , DETERMINED THE NECESSITY FOR AND ORDERED
THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS, BY THE CONSTRUCTION
OF SIDEWALKS:
1. GREENWOOD DRIVE, FROM GAVILAN STREET TO BUENOS
AIRES STREET (NORTHWEST SIDE ONLY),
2. BUFORD STREET, FROM SABINAS STREET TO HIBISCUS
STREET (SOUTH SIDE ONLY),
3. HUISACHE STREET, FROM POTH LANE TO ERWIN
AVENUE (SOUTHWEST SIDE ONLY),
4. 15TH STREET, FROM PRESCOTT STREET TO SOUTH
STAPLES STREET (NORTHEAST SIDE ONLY),
5. WALDRON ROAD, FROM BEL DRIVE TO GLENOAK DRIVE
(NORTHWEST SIDE ONLY),
6. KENTNER STREET FROM GLENMORE STREET TO PALMETTO
STREET (SOUTHWEST SIDE ONLY),
7. WILLIAMS DRIVE, FROM AIRLINE ROAD TO A POINT
APPROXIMATELY 175' NORTHWEST OF NORTHWEST PROPERTY
LINE OF GULFWAY- AIRLINE PARK, BLOCK 4, LOT 19,
8. ROOSEVELT DRIVE, FROM VANDERBILT DRIVE TO RAMSEY
STREET (NORTHEAST SIDE ONLY),
9. SURFSIDE BOULEVARD, FROM BREAKWATER AVENUE TO
ELM STREET (SOUTHEAST SIDE ONLY),
WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID STREETS, WITHIN
THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY THE CONSTRUCTION, RECONSTRUCTION,
REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, WHERE THE DIRECTOR OF ENGINEERING
SERVICES DETERMINES ADEQUATE SIDEWALKS ARE NOT NOW INSTALLED ON PROPER GRADE
AND LINE, AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVE-
MENTS THEREOF AS PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES.
'SAID ORDINANCE FURTHER PROVIDES THAT A PORTION OF THE COST OF SAID
IMPROVEMENTS IS TO BE SPECIALLY ASSESSED AS A LIEN UPON THE PROPERTY ABUTTING
SAID STREETS AND AS A PERSONAL LIABILITY AGAINST THE OWNERS OF SUCH ABUTTING
PROPERTY, SUCH ASSESSMENTS TO of PAYABLE TO THE CITY OF CORPUS CHRISTI,
WHEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND
THROUGH ITS CITY COUNCIL HAS CAUSED THIS NOTICE TO BE SIGNED BY THE CITY
SECRETARY IN THE NAME OF THE CITY OF CORPUS CHRISTI AND TO HAVE THE OFFICIAL
DEED RECORDS
VOL1423 PACE443
ROLL224IMACE 706
DEED RECORDS
VOL1423 PAGE444
SEAL OF THE CITY OF CORPUS CHRISTI HERTO AFFIXED THIS THE 23TH DAY OF
"..�_4... . FEIdRUAAY, 1972.
�s
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI, TEXAS
BY
R. RAY KRING, (;V SECR ARY 7
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS 3 fI
N
CHRISTI, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN
CAPACITY THEREIN STATED.•
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 23RD DAY oF'"
FEBRUARY, 1972• u�..i;,
s:
14Al
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
11
w
.IAI. OF IF,IAa
COUNTY OF NUECES
I heraby certify that this Instrument was FILID m tM
date and at the time stamped hereon by me; and was dull
RECORDED. In the Volume and Page of the named RECDRDII
of Nueres County, Te-- as stamped hereon by me. on
FEB 241972
`�.
COUNTY CLERK,
NUFZU COUNTY. Ti1AL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS
Section 1. That the settlement of the suit filed on behalf
of the City in the District Court of the Northern District of
Texas, Dallas Division, against United Concrete Pipe Corporation,
Gifford - Hill - American, Inc. et al., No. CA- 3-2356 -C r , Civil,
as set forth in the settlement agreement dated February 9th ,
1972, entered into on behalf of the said plaintiff by its attorneys,
McGinnis, Lochridge & Kilgore, whereby the City shall receive
64.523.00 _, is hereby authorized, approved and ratified.
Section 2. That the City Manager, R. Marvin Townsend, be and
he is hereby authorized to execute and deliver Full and Final
Release approved by special counsel, McGinnis, Lochridge & Kilgore
and to cause the suit to be dismissed with prejudice, each party
to bear its own costs and attorney fees.
Section 3. That this resolution shall take effect from
�sr
and after its passage cam, � ��j� y, -
��� ee� ✓arn,uq�'rc - u�iKeces4' — ��/ C��d �.., wriZ.u� � � G,l` �1�a
Dated oi- /' Cif % 179 Y �
-1W y:
ATTEST:
APPRTVED: "
_DAY OF FEBRUARY, 1972:
CW Attorney
li2o THE I 0 RPUS CHRISTI, TEXAS
-sw E
I G71
,
SETTLEMEPIT AGREEMENT
WHEREAS, there are presently pending twenty -four (24) separate
civil actions in the District Court of the United States for the
Northern District of Texas, Dallas Division, as shown on the list
attached hereto as Exhibit A, by the plaintiffs shown thereon
(plaintiffs) against the defendants, United Concrete Pipe Corpo-
ration (UCP), United States Pipe and Foundry Company, Gifford -
Hill- American, Inc. (GHA), Gifford -Hill Pipe Company and American
Pipe & Construction Company, ( "all 24 cases "); and
WHEREAS, nine (9) of those cases have been consolidated and
are presently being tried before a jury in the United States
District Court, Northern District of Texas, Dallas Division,
Honorable William M. Taylor, Jr., presiding; and
• WHEREAS, attorneys of record for each of the parties in all
24 cases have agreed to settle and compromise such cases in accordance
with the terms hereof, subject td ratification and confirmation by
each of the plaintiffs and by UCP and GHA; and
WHEREAS, such agreement has been reached solely in order to
avoid the expense, inconvenience and uncertainty and delay incident
upon further litigation of these claims, and without any admission
of any liability on the part of any defendant;
NOW, THEREFORE, IT IS AGREED by, between and among attorneys
for each of the plaintiffs shown on the list attached hereto as
Exhibit A, and attorneys for each of the defendants, United Concrete
Pipe Corporation (UCP), United States Pipe and Foundry Company,
Gifford -Hill- American, Inc. (GHA), Gifford -Hill Pipe Company and
American Pipe & Construction Company, that:
-1-
1. GHA shall pay to Texas State Bank of Austin, at Austin,
Texas (or its substitute), as disbursing agent for plaintiffs;
a) At closing, Seven Hundred Forty -Nine Thousand, One
Hundred Fifty -Six & 50/100 Dollars ($749,156.50) cash; and
b) One year after closing, Four Hundred Eighty -Seven
Thousand, Three Hundred Seventeen & 37/100 Dollars ($487,317.37),
without interest; and
C) Two years after closing, Four Hundred Eighty -Seven
Thousand, Three Hundred Seventeen & 38/100 Dollars ($487,317.38),
plus interest from one year after closing, until payment thereof,
at the rate of three and three- fourths per cent (3 -3/4n) per
annum, provided that the applicable rate of interest shall be
adjusted as of the effective date of any change in the prime
interest rate established by The Chase Manhattan Bank National
Association, New York, New York, so that at all times from one
year after the date of closing, to maturity, the applicable interest
rate hereof shall be a rate which is one per cent (1 %) less than
the effective prime interest rate of The Chase Manhattan Bank
National Association in New York, New York, and in no event greater
than the maximum rate of interest permitted by applicable law. Any
amount thereof may be prepaid at a y time without penalty.
d) These agreements shall each be enforceable by Texas
State Bank of Austin or its substitute for the use and benefit of
each of the plaintiffs in accordance with its disbursing authority
from such plaintiffs herein granted, without the necessity of joinder
of the plaintiffs individually. In this connection, GHA agrees
that in the event of its default in any one of its foregoing obli-
gations and such default is not cured within thirty (30) days after
receipt of written notice of default from said Bank or its substitute,
then, and in such event, such default shall have the effect of;
-2-
(1) Accelerating the maturity of all unpaid
amounts, making same immediately due and payable;
(2) All unpaid amounts shall bear interest from
the date of the default at the rate of eight per cent (8 %) per
annum until paid in full.
(3) GHA shall pay all costs incurred by Texas
State Bank of Austin or its substitute in the collection of the
amounts due, including a reasonable attorney's fee not exceeding
ten per cent (10%) of the unpaid amounts plus accrued interest.
e) The agreements herein contained shall be binding
upon GHA, its successors and assigns. The authority of the
officers of GHA to enter into this agreement will be evidenced
by resolution of its Board of Directors in substantially the
form attached hereto marked Exhibit B.
f) In the event Texas State Bank of Austin should be
unwilling to continue to act as disbursing agent hereunder it shall
appoint a substitute bank with trust powers and give GHA written
notice thereof by registered mail, return receipt requested, at
P. 0. Box 47127, Dallas, Texas 75247. Thereafter, GHA shall
make the agreed payments to such substitute so designated by Texas
State Bank of Austin.
2. UCP shall pay to Texas State Bank of Austin, at Austin,
Texas, as disbursing agent for plaintiffs:
a) At closing, Three Hundred Five Thousand, Nine Hundred
Ninety -Three & 50 /100 Dollars ($305,993.50) cash; and
b) One year after closing, One Hundred Ninety -Nine
Thousand, Forty -five & 12/100 Dollars ($199,045.12), without
interest; and
c) Two years after closing, One Hundred Ninety -Nine
Thousand, Forty -five & 13/100 Dollars ($199,045.13), plus interest
from one year after closing, until payment thereof, at the rate of
three and three - fourths per cent (3 -3/4%) per annum, provided
-3-
that the applicable rate of interest shall be adjusted as of
the effective date of any change in the prime interest rate
established by The Chase Manhattan Bank National Association,
New York, New York, so that at all times from one year after
the date of closing, to maturity, the applicable interest
rate hereof shall be a rate which is one per cent (1%) less than
the effective prime interest rate of The Chase Manhattan
Bank National Association in New York, New York, and in no event greater
than the maximum rate of interest permitted by applicable law. Any
amount thereof may be prepaid at any time without penalty.
d) These agreements shall each be enforceable by Texas
State Bank of Austin or its substitute for the use and benefit of
each of the plaintiffs in accordance with its disbursing authority
from such plaintiffs herein granted, without the necessity of joinder
of the plaintiffs individually. In this connection, UCP agrees
that in the event of its default in any one of its foregoing obliga-
tions and such default is not cured within thirty (30) days after
receipt of written notice of default from said Bank or its substitute,
then, and in such event, such default shall have the effect of;
(1) Accelerating the maturity of all unpaid
amounts, making same immediately due and payable;
(2) All unpaid amounts shall bear interest from
the date of the default at the rate of eight per cent (8%) per
annum until paid in full.
(3) UCP shall pay all costs incurred by Texas
State Bank of Austin or its substitute in the collection of the
amounts due, including a reasonable attorneyts fee not exceeding
ten per cent (10 %) of the unpaid amounts plus accrued interest.
e) The agreements herein contained shall be binding
upon UCP, its successors and assigns. The authority of the
officers of UCP to enter into this agreement will be evidenced
by resolution of its Board of Directors in suostantially the
form attached hereto marked Exhibit C.
-4-
f) in the event Texas State Bank of Austin should be
unwilling to continue to act as disbursing agent hereunder it shall
appoint a substitute bank with trust powers and give UCP written
notice thereof by registered mail, return receipt requested, at
P. o. Box 429, Baldwin Park, California 91706, Thereafter, UCP
shall make the agreed payments to such substitute so designated
by Texas State Bank of Austin.
3. Upon receipt of the aforesaid amounts, the Texas State
Bank of Austin, Austin, Texas, or its substitute, is authorized
to- disburse-such ..funds_„in, accordance ,with .viritten instructions
from a partner of the law firm of McGinnis, Lochridge & Kilgore
so as to effect payment of the amount provided in order of Dis-
missal and Final Judgment applicable to each plaintiff in accordance
with the time schedule and with interest, if applicable, as pro-
vided in paragraphs 1 and 2. Such instructions may include direc-
tions to pay to the law firm of McGinnis,-Lochridge & Kilgore,
the amount due plaintiffs' attorneys under their fee agreements
with plaintiffs.
4. Said disbursements to be made by said Bank shall be without
cost to defendants. Furthermore, said Bank or its substitute shall
never be liable to the parties hereto for any actions it takes here-
under (except willful breach of its duties) and in this regard, the
plaintiffs shall jointly and severally indemnify and hold said
Bank and defendants harmless from any and'all liability arising
from or out of the Bank's undertaking to act as disbursing agent.
This agreement shall in no wise modify or alter the agreements of
GHA and UCP as provided in preceding paragraphs 1 and 2 hereof.
5. At closing, McGinnis, Lochridge & Kilgore shall deliver
to defendants separate releases duly executed by an authorized
officer of each of the 24 plaintiffs in substantially the form
attached hereto as Exhibit D,'with appropriate certified copy of
-5-
Resolution of the City Council or other goverr..ing body substantially
in the form attached hereto as Exhibit F, specifically authorizing and
approving and ratifying this settlement agreement and the execution of
such release and approving and authorizing the entry of Order of Dis-
missal and Final Judgment pursuant to paragraph 6 hereinbelow. In the
event that the charter or applicable law of any plaintiff empowers the
City Attorney or any other officer to compromise and settle litigation
such as this without a resolution, an unqualified opinion to this effect
by the attorney for any such plaintiff that the officer executing the
release is duly authorized so to do may be substituted in lieu of the
aforesaid resolution.
6. Each of the 24 civil actions described in Exhibit A attached
hereto shall be dismissed with prejudice to the refiling of same,
with each party to pay its own costs and attorney fees. At closing,
McGinnis, Lochridge & Kilgore shall deliver to defendants a separate
Order of Dismissal and Final Judgment for each of the 24 cases, in
the form attached hereto as Exhibit E, duly signed by all attorneys
of record specifically approving and authorizing the entry of same.
7. Counsel for plaintiffs and defendants agree jointly to
request the Court to recess the trial of the 9 cases and not
discharge the jury unless and until the "Closing Date" occurs.
8. Counsel for the parties hereto each agree to recommend
in good faith, without qualification, and with full measure of
support, the settlement set forth herein to their respective
client or clients, it being expressly understood that ratification
by all clients is necessary. Counsel for the parties hereto each
agree to use every effort to obtain necessary ratification of the
settlement by their respective clients as expeditiously as possible.
9. "Closing Date" as referred to herein shall be five (5)
days from and after the date on which counsel for plaintiffs notify
counsel for defendants that all plaintiffs have ratified the settle-
ment. The Order of Dismissal and Final Judgment shall be entered
on the Closing Date.
10. It is agreed that this settlement agreement (unless, in
the opinion of counsel for any party it is required by law, statute,
ordinance or regulation) shall not be filed with the court papers
and shall not be furnished or disclosed to anyone other than the
parties to these actions and their attorneys and necessary officers
and agents. The only settlement papers to be filed with the court
-G-
papers shall be the order of Dismissal and Final Judgment in the
form attached hereto as Exhibit E.
Signed this 9th day of February, 1972.
SHER & HARRIS
and
IS LOCHRIDG L RE
sy tit�i!
Attorneys for all 24 plaintiffs.
Attorney for efendant
Gifford -Hill- American, Inc.
Attorney for Defendant
United Concrete Pipe Corporation
Attorney for Defendant
United States Pipe and Foundry Company
Attorney for Defendant
Gifford -Hill Pipe Company
Ally for Defendant
American Pipe & Construction Company
-7-
0
Each agreement by Gifford - Hill - American, Inc. contained
above is hereby approved and ratified. February , 1972.
GIFFORD- HILL - AMERICAN, INC.
By
President
Each agreement by United Concrete Pipe Corporation contained
above is hereby approved and ratified. February , 1972.
UNITED CONCRETE PIPE CORPORATION
By
10
President
EXHIBIT A
Name
of
Plaintiff
Civil Action No.
City
of
Amarillo, Texas
CA -3- 2286 -C
City
of
Austin, Texas
CA- 3- 2285 -C
City
of
Big Spring, Texas
CA -3- 2360 -C
City
of
Borger, Texas
CA -3- 2612 -C
Colorado River Municipal
CA- 3- 2291 -C
Water
District
CA- 3- 2358 -C
City
City
of Corpus Christi, Texas
_- __CA -3- 2356 -C
City
of Dallas, Texas
CA- 3- 2354 -c
City
of E1 Paso, Texas
CA -3- 2423 -C
City
of Fort Worth, Texas
CA- 3- 2287 -C
City
of Garland, Texas
CA -3- 2288 -C
Greenbelt Municipal and
CA -3- 2946 -C
Industrial Water Authority
City
of Greenville, Texas
CA- 3- 3822 -C
City
of Irving, Texas
CA- 3- 2358 -C
City
of Lubbock, Texas
CA- 3- 2289 -c
City
of Mesquite, Texas
CA- 3- 2465 -C
City
of Midland, Texas
CA- 3- 2290 -C
National Water Corporation and
CA -3- 2466 -C
Great
Plains Water Company, Inc.
North Texas Municipal Water District
CA- 3- 2361 -c
City
of Odessa, Texas
CA- 3- 2948 -C
City
of San Antonio, Texas
CA- 3- 2355 -C
San Patricio Municipal
CA -3- 2947 -C
Water
District
City of Waco, Texas CA -3- 2357 -C
White River Municipal Water District CA -3- 2362 -C
City of Wichita Falls, Texas CA- 3- 2359 -C
EXHIPIT_A-
CERTIFICATE
GIFFORD- HILL - AFRICAN, INC.
I, , Assistant Secretary of
Gifford -Hill- American, Inc. (the "Company "), a Texas corporation,
do hereby certify as follows:
i) That I am a duly elected and qualified Assistant
Secretary of the Company;
ii) That a Special Meeting of the Board of Directors
of the Company was duly called and held on
and at such meeting a quorum of the Board of Directors was present
and acting throughout;
iii) That set forth below is a true, correct and complete
copy of an excerpt from the minutes of such Special Meeting:
"Upon motion duly made, seconded and unanimously
carried, it was:
"RESOLVED, that this Board of Directors does
hereby authorize, approve and ratify that certain
Settlement Agreement dated February 9th , 1972,
which has been entered into among theparties to
the 24 civil actions styled tCity of Austin et al.
vs. United Concrete Pipe Corporation et al.,tCA -3- 2285 -C,
pending in the United States District Court for the
Northern District of Texas, Dallas Division.
"FURTHER RESOLVED, that ,
President of the Company, oe, and he
hereby authorized to approve and execute such
Settlement Agreement on behalf of and in the name of
the Company."
IN WITNESS 1 -=EOF, I have hereunto set my hand and the
seal of the Company this day of , 1972.
Assistant Secretary
EXHIBIT B
e
CERTIFICATE
UNITED CONCRETE PIPE CORPORATION
I, , Assistant Secretary of
United Concrete Pipe Corporation (the "Company "), a California
corporation, do hereby certify as follows:
i) That I an a duly elected and qualified Assistant
Secretary of the Company;
ii) That a Special Meeting of the Board of Directors
of the Company was duly called and held on
and at such meeting a quorum of the Board of Directors was present
and acting throughout;
iii) That set forth below is a true, correct and complete
copy of an excerpt from the minutes of such Special Meeting:
"Upon motion duly made, seconded and unanimously
carried, it was:
"RESOLVED, that this Board of Directors does
hereby authorize, approve and ratify that certain
Settlement Agreement dated February 9th , 1972,
which has been entered into among the parties to
the 24 civil actions styled 'City of Austin et al.
vs. United Concrete Pipe Corporation et al.,'CA -3- 2285 -C,
pending in the United States District Court for the
Northern District of Texas, Dallas Division.
"FURTHER RESOLVED, that ,
President of tFie Company, oe, an7 he
hereby is, aub orized to approve and execute such
Settlement Agreement on behalf of and in the name of
the Company."
IN WITNESS I-1HEREOF, I have hereunto set my hand and the
seal of the Company this day of , 1972.
Assistant Secretary
EXIIIBIT C
IN THE U1,1ITED STATES DISTRICT COURT
FOR THE NORTHERi•I DISTRICT OF TEXAS,
DALLAS DIVISION
Plaintiff
V.
CA -3-
UNITS COT tiCRTE PIPE' COR20RATIO5,
Ui1I`_'EJ ST,'TES PIPE AP7 FCUIT RY COMPANY,
GIFFORD- HILL- Al•ERICA I, I3 C.,
GIF^ORD -HILL PIPE CO'PYM!Y and
A11ERICI_T PIPE & COiISTRUC_IC11 C014PA11Y,
Defendants
FULL AND FINAL RELEASE
For valuable consideration, the receipt of which is hereby
acknowledged,
acting by and through its duly. authorized undersigned officer,
does hereby release and discharge United Concrete Pipe Corporation,
United States Pipe and Foundry Company, Gifford -Hill- American,
Inc., Gifford -Hill Pipe Company and Ameron (formerly American Pipe
and Construction Co.), and each of them, and the present and
former officers, directors, employees, agents, attorneys, sub-
sidiaries, affiliates, and successors of each, from all claims,
demands, causes of action, obligations, costs, damages, losses
and liabilities, of whatever nature, anticipated or unanticipated,
known or unknown, asserted in the above entitled and numbered action
and all - claims and demands which could have been asserted therein
by amendment, and all claims and demands based in whole or in part
on the facts or any of them referred to in the pleadings or any
other papers on file in the aforesaid action.
Executed this day of February, 1972.
Attorney
By
Its Duly Authorized Officer
EXHIBIT_Q._
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS,
DALLAS DIVISION
Plaintiff
V.
CA -3-
UNITED CONCRETE PIPE CORPORATION,
UNITED STATES PIPE AND FOUNDRY COMPANY,
GIFFORD- HILL - AMERICAN, INC.,
GIFFORD -HILL PIPE COI- IPAIIY and
AMERICAN PIPE & CONS^1RUCTION COMPANY,
Defendants
ORDER OF DISMISSAL AND FINAL JUDGMENT
This cause came on to be heard on plainti£fts Motion to Dismiss
the action.
IT IS ORDERED that this action, having been compromised and
settled for the sum of $ payable to plaintiff by cer-
tain defendants, the same shall be and the same is hereby dismissed
with prejudice. Each party shall bear its own costs.
Dated February , 1972.
Approved:
Attorney for Plaintiff
ITILLIAI4 P. FONVILLE
PHILIP L. IMTON
STANLEY E. NEELY
JAMES 0. SULLIVAN
STEPHEN H. PHILBIN II
By
Attorneys for Defendants
United States District Judge
EXHIBIT
BE IT RESOLVED BY
Section 1. That the settlement of the suit filed on behalf
of the City in the District Court of the Northern District of
Texas, Dallas Division, against United Concrete Pipe Corporation,
Gifford -Hill- American, Inc. et al., No. CA -3- , Civil,
as set forth in the settlement agreement dated February 9th ,
1972, entered into on behalf of the said plaintiff by its attorneys,
McGinnis, Lochridge & Kilgore, whereby the City shall receive
, is hereby authorized, approved and ratified.
Section 2. That be and
he is hereby authorized to execute and deliver Full and Final
Release approved by special counsel, McGinnis, Lochridge & Kilgore
and to cause the suit to be dismissed with prejudice, each party
to bear its own costs and attorney fees.
Section 3. That this resolution shall take effect from
and after its passage.
EXHIBIT F
IN TEE UIIITI-) ST ":T 7.3 DISTRICT CCURT
FOR THE IiORTHERMIT DISTRICT Or TEXAS,
DALLAS DIVISION
CITY OF CORPUS CHRISTI, TEXAS,
Plaintiff
V.
UNITED COI;C=E PIPE CORPORATION,
UNITED S =ES PIrE AI•:D FOMMORY CO2•IPA17Y,
GIFFORD- ?ILL- AI•'RIC NT, INC.,
GIF FOR0 -RILL PIPE COI•:PA!!Y and
Al-MRICAN PIPE & CONSTRUCTION COMPANY,
Defendants
FULL AND FINAL RELEASE
CA -3- 2356 -c
For valuable consideration, the receipt of which is hereby
acknowledged, CITY OF CORPUS CHRISTI, TEXAS
acting by and through its-duly authorized undersigned officer,
does hereby release and discharge United Concrete Pipe Corporation,
United States Pipe and Foundry Company, Gifford -Hill- American,
Inc., Gifford -Hill Pipe Company and Ameron (formerly American Pipe
and Construction Co.), and each of them, and the present and
former officers, directors, employees, agents, attorneys, sub-
sidiaries, affiliates, and successors of each, from all claims,
demands, causes of action, obligations, costs, damages, losses
and liabilities, oi' whatever'nature, anticipated or unanticipated,
knotim or unknorm, asserted in the above entitled and numbered action
and all claims and demands which could have been asserted therein
by amendment, and all claims and demands based in whole or in part
on the facts or any of them referred to in the pleadings or any
other papers on file in the aforesaid action.
Executed this f1
L7.- day of February, 1972.
Byleizev rO�i.r.i� cey uo
'
ornc
CORPUS CHRISTI, TEXAS
DAY OF C , 1979-
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFU ,
R
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: NG
RONNIE SIZEMORE C-1-4-
CHARLES A. BONNIWELL ✓ 1i
ROBERTO BOSQUEZ, M.D. 1/
REV. HAROLD T. BRANCH /
THOMAS V. GONZALES f
GABE LOZANO, SR. /
J. HOWARD STARK /
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE:
RONNIE SIZEMORE .1
CHARLES A. BONNIWELL 1 /
ROBERTO BOSQUEZ, M.D. /
REV. HAROLD T. BRANCH ✓
THOMAS V. GONZALES ✓
• GABE LOZANO, SR. ✓ CIL
J. HOWARD STARK