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HomeMy WebLinkAbout02290 RES - 06/08/1948A RESOLUTION ;' 0 -2— 2� 0 AFFROVING A CO*ROMISE 'U121 BET THE CITY OF CORPIIS CHRISTI AND VICTOR MORENO, D/B/A RED TOP TAXI COMPANY, AND DECLARING AN EMERGENCY. ' wHEREAS, a dispute exists between the City of Corpus Christi, Texas, a municipal corporation, and Victor Moreno, d/b/a Red Top Taxi Company, as to whether or not the City of Corpus Christi is entitled to keep or whether Victor Moreno, d/b/a Red Top Taxi Company is entitled to recover from the City of Corpus Christi the sum of Cote Hundred and Two Dollars end .Fourteen Cents 0102.14), the same being gross receipts taxes or street rental fees or license fees paid by said Victor Moreno, d/b/a Red Top Taxi Company to the City of Corpus Christi from May, 1946, to the 15th day of September, 1947; and, l'Y- dEREAS, said Victor Moreno, d/b/a Red Top Taxi Company has agreed to accept the sum of One Hundred and Two Dollars and Fourteen Cents (,$102.114) in full payment of said claim and has agreed that the monies to be paid to it under this compromise settlement shall not actually be delivered to said Victor Moreno, d/b/a Red Top Taxi Company, but the same shall be set up on the -books of the City of Corpus Christi as a credit to Victor Sore dA/a Red Top Taxi Company and that same shall be credited to the payment of any and all street rental fees or license fees or like charges legally made against Victor Moreno, d/b/a Red Top Taxi Company as they accrue until the principal sum above mentioned has been exhausted; NaV, THEREFORE, BE IT RESOLVED BY ''M CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION I. That the facts set out in the preamble to this Resolution are true and correct and are hereby approved. SECTION 2. That the City Manager is authorized to make such compromise and is authorized to accept a release from said Taxi Company and to do the things requisite to consu� ate said compromise settlement, a COPY of said release being attached hereto and made a part of this Resolution for all intents and purposes, STATE OF TEYAS a COUNTY OF RIISChS VIRMI&S, a dispute exists between the City of Corpus Christi, Texas, a numicipal corporation, end Victor Moreno, d/b/a the lied Top Taxi Company, a private corporation duly incorporated under the lawe of the State of Teas, se to whether or not the City of Corpus Christi is entitled to keep or whether the Rod Top Taxi Company is entitled to re- cover from the City of Corpus Christi the sum of CnO Hundred and Two Dollars and Fourteen Cents ($102.14). the acme being gross receipts texss or street rental fees or license fees paid by said Red Top Taxi Company to the City of Corpus Christi from Hay, 1946, to the 15th day of September, 1947; and, WIMRRAS, the parties to this agreement desire to settle this disagreement. NOW, THEREFORE, ]MOW ALL NEW BY THESE PRESENTS, That for and in consideration of the sum of One Hundred and Two Dollars and Fourteen Cents ($102.24) to it in hand paid by the City of Corpus Christi, the receipt of which is hereby acknawlodgod, the Bed Top TaxiCompany, a corporation noting by and through Victor Moreno, its president, duly authorized to act in the premises, has released and discharged and by thews present' doe- for itself and its assigns, release and forever die - Charge the City of Corpus Christi, Texas, from any and all olaia, demands, actions or causes of action for the recovery of any street rental fees, gross receipts taxes or other license fees or charges collected by the City of Corpus Christi from the Red Top Text Company prior to the 16th day of September, 1947• As a part of the consideration for this agreement, the Red Top T°_. Company hereby agrees that the monies paid to it under this oompro"iee settlement agreement will not be actually delivered to the said Red Top Tazi Company, but that Some shall be set up on the books of the City of Corpus Christi as a credit to the Red Top Taxi Company, and that sacs &hall be credited to the payment of any and all street rental foes or license fees or other like charges legally made against the red. Top Tali Company se they accrue Until the principal etch above mentioned has been exhausted. That Vietor morvao. dAA the Red Top Taxi. CmPeRY. understands, oovenaats end agne■ that - is to sademify and save harmless the City of Corpus Christi frog any olaim or demand or any kW or character which may ever be asserted against the City of Carpus Christi for the recovery of the -miss paid vut mdsr this vo pro®iew settlement agawemsnt. WITNESS XW head this the dsy of dune, A. D. 19h8. v r recto STATE Cr Tau CCOM CP Nmels lfw f HSPCRE MR, the .dsr.l9u d authority a Rotary Pablio in and or eea Comty, Texas, on. this day personally appeared Victor Soreaof lmo to mm to be the perem whose name is subsoribed to the foregoing instrumat and acknowledged to me that he executed the same for the purposes therein expressed. Given under my hand end goal of office We the —day of Juoa, A. D. 1948: 0 a or ueaea Comty, Texas SECTION j. The necessity for settling differences which have arisen between the City and Victor Moreno, d/b/a Red Top Taxi Company' regarding licenses and fees paid in order to expedite further collection of license fees creates a public emergency and public imperative necessity requiring the suspension of the Charter rule 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 several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this Resolution be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS =ORDINGLY 50 RESOLVED. PASSED A= APP -aCVED thia_j_day of June, A. D. 1948. WOR City of Corpus Christi, Texas ATTEST, ty �j APPROVED AS To LEGAL rCRtj: A—C-tyey rney Corpus Christi, Texas June_ 1948 TO THE ME eERS OF Ttw CITY COUTCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing resolution, a public emergency and imperative necessity exist for the suspension 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 rcuolut" on shall be read at three meetings of the City Council; T, therefore, hereby request that you suspend said `'halter rule or requirement and pass this Resolution .finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Z OR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley B. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above resolution was passed the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson 0-1-1�19b