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Home My WebLink About03035 ORD - 05/08/1951r 4 . AN ORDINANCE AUTHORIZING AND DIRECTING THE CM MANAGER FOR AND IN BEHALF OF THE CITY TD EXECUTE AN AGREE- MENT COMPROMISING CAUSE NO, 39844 -C, LSR MMw LT n O. CITY OF CORPUS CHRISTI WITH MSiGrmw CAB COMPANY, 0 WHICH AGREBNENT 15 ATTACHED HERETO AND MADE A PART HEREOF, FOR THE PURPOSES AND CONSIDERATIONS SET FORTH THEREIN, AND DECLARING AN MERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, That the City °tanager be and he is hereby authorized and directed for and on behalf of the City of Corpus Christi to execute a settlement agreement with LeRoy Crow dba Yellow Cab Companyi compromis. ing Cause Noe 39844 -C, LeRoy Crow at al ve City of Corpus Christi fbt .the purposes and considerations set forth in said agreement, a copy of which is attached hereto and made a part hereof, reading as follows, to -wit: 3035 THE STATE OF TEXAS COUNTY OF NUMBS Q WHEREAS, a dispute exists between the City of Corpus Christi, Togas, a municipal corporation, and LeRoy Crow, doing business as Yellow Cab Camparp, as to whether or not the City of Corpus Christi is entitled to assoss and collect a two per cent (2%) gross receipts tax or street rental foe upon the gross receipts of the said Yellow Cab Conparp, derived from Bach "cab operations within the City of Corpus Christil mid, 11101W, a suit has boon instituted and is still now pending in the 94th District Court of Nuscos County, Texas, being Cause No. 39844 -C, styled "LeRoy Crow, et al. vs. City of Corpus Christi," in which Plaintiffs seek to enjoin the said City of Corpus Christi from the levying and collection of said two per cent (29) gross receipts tax or street rental charge, and to recover from the City the sums theretofore paid to the said City of Corpus Christi by the said LeRoy Crow, doing business as Yellow Cab Compaq uadar tits terns of the said ordinance levying said two per cent (2,%) gross receiptstax or street rental charge] and, tiI&V S, the parties to this agree:sent desire to settle all disputes existing by and botuean them, including the clatters involved in the above and foregoing causal NOV, THEREFORE, XMIJ ALL Usti BY THESE FRESENTSs That for and in consideration of the mutual covenants and agreements herein contained, and in settlement and cmrproaise of all of said disputes, it is mutually covenanted and agreed by and between the parties hereto as follows: I. . That the said LeRoy Craw, doing business as Yellow Cab Company hereby withdraws any claims for recovery of the amounts paid by said LeRoy Crow, doing buriness as Yellow Cab Company, to the said City of Corpus Christi under said two per cent (2 %) gross receiptstax or street rental charge ordinance between the period of September 19, 1947 and July 31, 1948, and hereby waives arW and all claims for repayment of said sums, and all other demands and claims set oat in said cause except as set oat in Paragraph 12 hereof. II. That from and after the first day of August, 1948, the said LeRoy Crow, doing business as Yellow Cab Company, agrees that he shall pay to the City of Corpus Christi a street rental charge of One and too- tenths (1.2%) per cent upon the gross receipts of said igl].or Cab Company, and in this connection it is stipulated and agreed that said LeRoy Crow, doing business as Yellow Cab Company, has heretofore paid to the said City of Corpus Christi a street rental charge, or gross receipts tax, at the rate of two (2,%) per cent for `the months of dugusti September, October, November and December of 19118, and said LeRoy Grmy doing business as Yellow Cab Company shall be entitled to credit for the difference between a gross receipts charge of two (23) per cent and a gross receipts charge of one and two-tenths (1.2p) per cent for said months. III. That based upon the above and foregoing agreements and undertakings, it is agreed that there is due and owing to the City of Corpus Christi by said LeRoy Crow, doing business as Yellow Cab Company, a balance due and awing upon a recomputation of the liability of said LeRoy Grow, doing business as Yellow Cab Company, under the terms of this agreement, in the sun. of Three Hundred bud Forty ($340.00) Dollars, which said sum covers all liability of the said LeRoy Gras, doing business as Yellow Cab Compsaya to the said City of Corpus Christi, to and including May 31, 1949. IV. The said City of Corpus Christi hereby acknowledges receipt from said LeRoy Crow, doing business as Yellow Cab Company, of said aum of Three R. ad and Forty (0340.00) Dollars, and the said City of Corpus Christi acknowledges that said payment shall be in fun end final discharge of any and all liability of the said LeRoy Crew, doing business as Yellow Cab Cmmpaub to the said City of Carpus Ckristi under said purported two (7,9) per cent gross receiptstax or street rental charge ordinance, as coacted on Septeeaber 19, 79470 and bag Ordinance No. 2753 of the City of Corpus Christi, Nusces County, Texas. Y. That immediately upon the execution of these presents by the respec- tive parties hereto, the said LeRoy Crow, doing business as Yellow Cab Company shell procure the entry of an order of dismissal as to said parties of the above mentioned Cause No. 3981111.-0 on the Docket of the 94th District Court, which dismissal shall be at the cost of the Plaintiffs. -2- WITNESS THE AANM of the parties hereto this day of 1951. CR , D / ms's CAB Co1rn CITY OF CORPUS CHRISTI BY: Citar manager -3- SECTION 2. That the necessity of authorizing the execution of said agreement compromising said suit promptly creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or reaolution shall be passed finally on the date of its introduction and that such ordinance or reso- lution shall be read at three several meetings of the City Council, and the Mayor, declaring'such emergency and necessity to exist, having re- quested the suspension of said Charterrule 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 passage, IT IS ACCORD- INGLY PASSED AND APPROVED This the day of May, 1951. - . ,f- �/ - Ts THE CITY OF CORPUS CHRISTI,TE%AS rebC tasy APPROVED AS TO LEGAL FORM: rna 7.rL..jYP —rY•� � —. t. ..•. Y" •• � W - - . »ben'rvrpMw.nN'^+�.�,i.!TY —�—.rc+ r . �..� - w� �. w- . » f .r M...b�rYrn« d��,y..4.M'.wr�lp�WgwY.r• Corpus Christi, Texas 195 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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 resolution shall be passed finally on the date it is introduced, and that such ordinate or resolution shall be read at.three meetings of the City Council, I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman (n Jack DeForrest Barney Cott Sydney E. Herndon �j George L. Lowman y,N,sJT The above ordinance was passed by the foll(n6ri"n"g vote: Leslie Sfasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman 303