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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