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HomeMy WebLinkAbout15947 ORD - 12/17/1980JBA: vp:12/16%80:.1 st AN ORDINANCE ,• ,& APPROVING A SETTLEMENT AND PROPOSED JUDGMENT IN CAUSE NO. 78-4079-C, JAMES D. BLAIR, ET AL V. THE CITY OF CORPUS CHRISTI, TEXAS, ET AL, PENDING IN THE 94TH JUDICIAL DISTRICT COURT OF NUECES COUNTY, TEXAS; AUTHOR- IZING THE CITY MANAGER TO EXECUTE SETTLEMENT AGREEMENT ACCORDING TO THE SUBSTANTIAL COPIES OF SAID DOCUMENTS ATTACHED; AMENDING THE BUDGET FOR THE FISCAL YEAR 1980- 81 TO ALLOW PAYMENT OF THE CITY'S PART OF SUCH SETTLEMENT; APPROPRIATING $200,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE CITY'S WATER FUND IN PAYMENT THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, Plaintiffs in Cause No. 78-4079-C, James D. Blair, et al v. City of Corpus Christi, Texas, et al, pending in the 94th Judicial District Court of Nueces County, Texas, have sued the City of Corpus Christi, W. B. Hoskins d/b/a Sunrise Beach Campground and the Lower Nueces River Water Supply District for the sum of Seventeen Million Five Hundred Thousand Dollars ($17.5 million); and WHEREAS, it is undisputed that the Plaintiff, Ronald Blair, has sus- tained total and permanent injuries which render him paralyzed over most of his body; and WHEREAS, the City Council has been fully advised by counsel for the City and independent counsel employed by the City to advise the City as to the nature and extent of the dangers of an excess,judgment, as well as the City Attorney; that the suit presents a substantial risk of a jury verdict that could result in a judgment against the City of several million dollars; and WHEREAS, the City's primary insurance carrier, the New York Underwriters Insurance Company, a member of the Hartford Insurance Group, has tendered its policy limits in the sum of Three Hundred Thousand Dollars ($300,000) and the next level of insurance, being excess coverage carried by Market Insurance Company, in the sum of Two Hundred Thousand Dollars ($200,000) is presently uncollectible because of Market Insurance Company undergoing liquidation in the State of Illinois; and WHEREAS, the next level of excess coverage is carried by Canadian Universal Insurance Company to the extent of Five Hundred Thousand Dollars ($500,000); and MICROFILMED 1.5947 , sip 271984 WHEREAS, the Canadian Universal Insurance Company, Ltd. has refused to participate in any settlement negotiations or in any way carry out its obligations to the City under its insurance policy; and WHEREAS, the Plaintiffs have agreed to compromise and settle their claims against the City according to the contract and proposed final judgment, substantial copies of which are attached hereto and made a part hereof, under the terms of which the case is settled as to the named Defendants for the sums stated and for further assignment by the City to the Plaintiffs of any cause of action the City has or may have against Canadian Universal Insurance Company, Ltd. and Cravens-Dargan & Co. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 'CORPUS CHRISTI, TEXAS: SECTION 1. That the settlement and proposed final judgment in Cause No. 78-4079-C pending in the 94th Judicial District Court of Nueces County, Texas are hereby approved according to the substantial copies thereof which are attached hereto and made a part hereof. SECTION 2. That the City Manager is hereby authorized to execute said contract on behalf of the City of Corpus Christi. SECTION 3. That Ordinance No. 15679, adopting the 1980-81 budget for the City of Corpus Christi, be and the same is hereby amended by increasing the expenses of the Water Fund in the sum of Two Hundred Thousand Dollars ($200,000) and by appropriating Two Hundred Thousand Dollars ($200,000) from the unappropriated fund balance of the Water Fund for the purpose of providing sums which should have been made available by Market Insurance Company, which is in liquidation. SECTION 4. That the City Manager is hereby authorized to pay the sum of Two Hundred Thousand Dollars ($200,000) on behalf of the City of Corpus Christi in accordance with the contract and proposed final judgment to the order of the District Clerk of Nueces County, Texas for the use and benefit of Ronald Blair. -2- SECTION 5. That the City Council finds it imperative in order to protect the financial condition of the City and that of its citizens and tax- payers to enter into the above compromise settlement agreement immediately and such necessity creates an emergency requiring the amendment of the budget and further requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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 the suspension of such Charter rule 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 ' ACCORDINGLY SO ORDAINED, this the /7 day of December, 19: . ATTEST: j ty "Secretary \ APPROVED: DAY OF DECEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY Bil%ta City Ajorney MAYORPro•Tem I THE CITY OF CORPUS CHRISTI, TEXAS 0 . „pLP:jb 12/16/80 9IRD DRAFT , STATE OF TEXAS SS. COUNTY OF NUECES ) KNOW ALL MEN BY THESE PRESENTS: 2-34 WHEREAS, James D. Blair and Marvene Blair, individually and as next friends of Ronald Blair, their son and Ronald Blair (hereinafter referred to as "Plaintiffs"), have filed suit in Cause No. 78-4079-C in the District Court of Nueces County, Texas, 94th Judicial District, complaining of the City of Corpus Christi, Texas, a municipal corporation (hereinafter referred to as "the City"), W. B. Hoskins, individually and d/b/a Sunrise Beach Camp- ground (hereinafter referred to as "Hoskins"), and the Lower Nueces River Water Supply District (hereinafter referred to as "the' District"), seeking to recover damages for personal injuries suffered by Ronald Blair on or about August 16, 1977, which claims are more fully set out in Plaintiffs' Third Amended Original Petition on file with the District Clerk, reference to which is here made for all purposes; and, WHEREAS, it is undisputed that Ronald Blair has sustained extremely serious and disabling personal injuries which have rendered him totally and permanently paralyzed from approximately the neck down, and have caused him to become what is known in medicine as a quadriplegic; and, WHEREAS, Plaintiffs seek the recovery of damages for such personal injuries in an amount alleged by the Plaintiffs to be at least Seventeen Million Five Hundred Thousand Dollars ($17.5 million); and, WHEREAS, Defendant Hoskins has offered to pay to the Plain- tiffs in compromise and settlement of the claim being made . against him the amount of Three Hundred Thousand Dollars ($300,000.00), representing the full extent of the insurance coverage available to said Defendant; and, WHEREAS, the insurance coverage purchased by the City claimed to be applicable to the occurrence in question is as follows: (1) A primary policy issued by New York Underwriters Insurance Company, a member of the Hartford Insurance Group (hereinafter referred to as "Hartford"), having liability limits of Three Hundred Thousand Dollars ($300,000.00); (2) A first layer excess policy issued by Market Insurance Company (hereinafter referred to as "Market"), having insurance policy limits in the amount of Two Hundred Thousand Dollars ($200,000.00); and, (3) A second layer policy bearing the notation "Excess Third Party Liability Policy" and' bearing Policy Number NXTPL 13325, issued by Canadian Universal Insurance Company Limited (hereinafter referred to as "Canadian"), having insurance policy limits of Five Hundred Thousand Dollars ($500,000.00); Making total insurance coverage purchased by the City claimed to be applicable to this litigation in the total amount of One Million Dollars ($1,000,000.00); and WHEREAS, the City has been advised that Market is in re- ceivership or rehabilitation and unable to expend funds for the fulfillment of its obligations, and the City is forced to rely on its own funds to meet the insurance obligations that should otherwise be met by Market; and, WHEREAS, although the City believes and continues to believe that it is not liable and should not be held liable in any respect for the severe, permanent and disabling injuries suffered by Ronald Blair, trial counsel for the City, and independent counsel employed by the City to advise the City as to the nature and extent of the dangers of an excess judgment, as well as the City Attorney, have all advised the City that the present litigation presents a substantial risk of a jury verdict that could result in a judgment against the City which potentially could be far in excess of the total insurance policy limits available to the City and other defendants; and, WHEREAS, Plaintiffs have offered to compromise the entire litigation for a total of $1.3 million, renting the total amount of insurance purchased by the City combined with the -2- amount of insurance purchased available to Hoskins; and, WHEREAS, trial counsel for the City, and independent counsel employed to advise the City, and the City Attorney, have advised the City that such compromise offer by the Plaintiffs would constitute a fair and reasonable basis upon which to compromise and settle the entire litigation, including all claims against the City, while avoiding any danger of the City incurring a judgment in excess of the amount of insurance originally purchased, by the City; and, _ WHEREAS, the City's primary insurer, Hartford, has tendered its insurance policy limits in aid of such proposed compromise settlement, and the City has tendered the sum of $200,000.00 of its own funds representing the insurance purchased from Market, but not available because of Market's financial condition; and, WHEREAS, the City, its trial counsel, its independent counsel, and the City Attorney, have all called upon Canadian to tender its insurance policy limits in the amount of $500,000.00 which would constitute the only remaining funds necessary to accept the offer of compromise settlement made by Plaintiffs, and to avoid the dangers of an excess judgment; and, WHEREAS, Canadian has refused to make any offer of settle ment whatsoever, or to participate in settlement negotiations, or in any way to carry out its claimed obligations to the City under its insurance policy; and, ,WHEREAS, the failure, refusal and neglect of Canadian to carry out its claimed obligations under its policy of insurance purchased by the City leaves the City exposed to all of the dangers recited heretofore; and, WHEREAS, The City has been advised that the action of Canadian may give rise to certain claims and causes of action in favor of the City against Canadian and may also give rise to certain claims and causes of action in favor of the City against the surplus lines insurance broker through whom the Canadian policy was issued to the City, to -wit: Cravens, Dargan and Company (hereinafter referred to as "Cravens, Dargan"); and, -3- WHEREAS, the City believes it imperative in order to protect the financial condition of the City, its citizens and taxpayers, to enter into a compromise settlement agreement with the Plain- tiffs which will be fair and equitable to all parties and will protect the City's financial condition; and, WHEREAS, the City believes that such financial dangers to the City could, should andwouldhave been avoided if Canadian had lived up to the obligations undertaken by it in the issuance of its insurance policy; NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL AGREEMENTS SET FORTH HEREAFTER, IT IS AGREED AND CONTRACTED AS FOLLOWS: (1) The City will agree and this day has agreed to the entry of a judgment in favor of Plaintiffs Ronald Blair and James D. Blair and Marvene Blair, next friends of Ronald Blair against the City in the amount of Two Million Nine Hundred Fifty Thousand Dollars ($2,950,000.00) in addition to the judgment recovered by all Plaintiffs from Hoskins; (2) The City and Hartford have agreed to and this day have paid into the registry of the Court for the use and benefit of Ronald Blair, with the agreement and consent of James D. Blair and Marvene Blair, as next friends of Ronald Blair, and Ronald Blair and the guardian ad litem appointed herein, the sum of Five Hundred Thousand Dollars ($500,000.00) in cash to be applied as a credit against such judgment, in addition to the funds paid 'to the Plaintiffs by Hoskins; (3) The City has agreed to and does, hereby, bargain, sell, transfer, convey and assign to Ronald Blair and James D. Blair and Marvene Blair, next friends of Ronald Blair, all of the City's right, title and interest in and to any and all claims or causes of action which the City has or may have against Canadian and/or Cravens, Dargan arising out of the injuries suffered by Ronald Blair, the subsequent litigation, the facts surrounding this compromise and settlement as recited above, -4- and the issuance of the Canadian Insurance policy upon the following terms and conditions: (a) Plaintiffs shall'have the full right to prosecute such claims and causes of action in the name of the City, or jointly in the name of the City and Plaintiffs, and to undertake all reasonable, usual and customary action in the City's name in the prosecution of such litigation; (b) The City will fully cooperate with counsel of Plaintiff's choice in the prosecution of such litigation; (c) Plaintiffs Ronald Blair and James D. Blair and Marvene Blair, next friends of Ronald Blair, covenant, agree, bind and obligate themselves to forever indemnify and hold harm- less the City and Hartford from any claims or causes of action made by Canadian, Cravens, Dargan or anyone else as the result of such litigation, including attorney's fees and Court costs involved in the prosecution or defense of such claims and causes of action; - (d) Plaintiff's counsel will keep the City and Hart- ford, through the City Attorney's office, fully informed of all action taken in the name of the City in the prosecution of such litigation; (e) Plaintiffs Ronald Blair and James D. Blair and Marvene Blair, next friends of Ronald Blair, shall be entitled to retain any and all proceeds of such litigation free of any claim of right, title or interest on ,the part of the City; (4) Plaintiffs agree and covenant that they shall not seek, levy, or issue execution, garnishment, mandamus or any other process, including abstract of judgment, against any . assets, or property,,of any kind or description of the City in seeking satisfaction of the judgment rendered in favor of Plain- tiffs against the City in accordance with this Agreement; provided, however, Plaintiffs retain the full right to seek to and obtain satisfaction of their judgment rendered herein against the City out of the claims, causes of action and rights to prosecute the same assigned to Plaintiffs in Paragraph (3) above; -5- (5) All Plaintiffs represent to the City and to Hartford that there are no outstanding medical or hospital liens, or rights of subrogation in favor of any third parties which constitute a claim or lien upon Plaintiffs' claims asserted herein, and Plaintiffs covenant, agree, bind and obligate themselves to forever indemnify and hold harmless the City and Hartford from any liability by reason of the assertion of any such medical or hospital liens,.claims of rights of subrogation or other claims against Plaintiffs' rights asserted herein; (6) Upon the termination of the litigation to be instituted by Plaintiffs and the City against Canadian and/or Cravens, Dargan either by settlement or by the entry of final judgment therein, Plaintiffs Ronald Blair and James D. Blair and Marvene Blair, next friends of Ronald Blair, will execute and deliver to the City appropriate documents releasing Plaintiffs' judgment against the City. TO CERTIFY WHICH, WITNESS OUR HANDS THIS DAY OF 1980: Witness to mark of Ronald Blair Ronald Blair, his mark Witness to mark of James D. Blair Ronald Blair next friend of , individually and as Ronald Blair Marvene Blair, next friend of individually and as Ronald Blair Guardian ad litem for Ronald Blair CITY OF CORPUS CHRISTI By =6- ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Ronald Blair, known to me to be the person whose mark is affixed to the above and foregoing instrument of writing, and having been by me first duly sworn the said Ronald Blair acknowledged to me that he had made his mark on the above and foregoing instrument in writing because he is physically unable to further sign his name, and that he affixed his mark thereto as his signature for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 1980. Notary Public, in and for Nueces County, TEXAS -7- AFFIDAVIT THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned'authority, on this day personally appeared , known to me to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me stated on oath that he saw Ronald Blair, the person who executed the foregoing instru- ment, make his mark on the same, that the said Ronald Blair was physically incapable of signing his name on said document, and that he had signed the same as a. witness at the request of the said Ronald Blair. Given under my hand and seal of office this day of , 1980. Notary Public, in and for Nueces County, TEXAS -8- AFFIDAVI T THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally , known to me to be the person appeared whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me stated on oath that he saw Ronald Blair, the person who executed the foregoing instru- ment, make his mark on the same, that the said Ronald Blair was physically incapable of signing his name on said document, and that he had signed the same as a witness at the request of the said Ronald Blair. Given under my hand and seal of office this day of , 1980. Notary Public, in and for Nueces County, T E X A S -9- • DLP:jb 12/16/80 'IRD DRAFT • JAMES D. BLAIR, ET AL VS. NO. 78-4079-C § .§ IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS THE CITY OF CORPUS CHRISTI, TEXAS, AND W.B. HOSKINS D/B/A SUNRISE BEACH CAMPGROUND AND LOWER NUECES RIVER WATER SUPPLY DISTRICT § 94TH JUDICIAL DISTRICT FINAL JUDGMENT BE IT REMEMBERED that on the date below entered came on to be heard the above -entitled and numbered cause wherein James D. Blair and Marvene Blair, individually and as next friends of Ronald Blair, their son, and Ronald Blair, are Plaintiffs, and the City of Corpus Christi, Texas, a municipal corporation, W.B. Hoskins, individually and d/b/a Sunrise Beach Campground.and the Lower Nueces River Water Supply District are Defendants, and came then the parties, in person, and by and through their attorneys of record, and did announce to the Court that certain agreements had been reached, subject to the approval of the Court, for the purpose of resolving, compromising, and settling the differences between the parties, and no jury being demanded, but being specifically waived, the following proceedings were had: I. The Plaintiffs, James D. Blair and Marvene Blair, his wife, and Ronald Blair, their son, appeared in person, and by and through their attorneys of record, and announced to the Court that Ronald Blair had reached his 18th birthday and is no longer a minor. The parties further announced to the Court that the said Ronald Blair, although possessed of his full mental facilities, and fully able to understand and consider proceedings, and to reach decisions thereon with regard to the settlement of his claim, believes him- self to be incapable presently of managing his remaining financial affairs by reason of the severe nature and extent of his physical incapacity. For such reason, all Plaintiffs, including Ronald Blair, requested that his parents continue to represent his interests as next friends due to his physical incapacity; And the Court having heard the evidence and being of the opinion, and finding as a matter of fact, that the said Ronald Blair is possessed of his full,.natural and normal faculties .and is able to understand the proceedings being had and to reach decisions upon the same, and the Court further -finding as a matter of fact that the present physical incapacities of the said Ronald Blair are so severe as to severely impair his ability to manage his financial affairs, and that the said Ronald Blair has freely, and of his own volition, requested that his parents continue to act for him as next friends due to his physical incapacity, and that proceeding in such manner would be in the best interest of said Ronald Blair and is with his.- agreement; and that a conflict exists between the interest of Ronald Blair on one hand and his next friends on the other; IT WAS THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiffs James D. Blair and Marvene Blair, shall continue to represent the interests of Ronald Blair, their son, as next friend; that attorney at law, be appointed as guardian ad litem for the interest of said Ronald Blair, and that the Court would proceed to hear evidence as to the nature, extent and propriety of the proposed settlement of Ronald Blair's claims; And the said guardian ad litem having appeared in Court and announced ready to proceed, the Court did proceed to hear evidence as to the proposed compromise and settlement of the controversies existing between the parties, and the Court finding that it has been agreed that the following judgments be entered by the Court, and that the entry of such judgment is fair to all parties and is in the best interest of said Ronald Blair; IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that: 1. James D. Blair and Marvene Blair, as next friend of Ronald Blair, their son, and Ronald Blair have judgment of and from the Defendant W.B. Hoskins, individually and d/b/a Sunrise Beach Camp- ground in the amount of Two Hundred Ninety Six Thousand Four 2- Hundred Sixty One and 44/100 ($296,461.44), and James D. Blair and Marvene Blair, individually, have judgment of and from the Defendant W.B. Hoskins, individually and d/b/a Sunrise Beach Camp- ground in the amount of Three Thousand Five Hundred Thirty Eight and 56/100 ($3,538.56) from which sum all incurred but unpaid medical bills of Ronald Blair shall be paid. And it appearing to the Court that such funds have been paid into the registry of the Court for the use and benefit of Ronald Blair by said Defendant, and that such portion of this judgment is fully satisfied and paid, IT IS FURTHER, ORDERED, ADJUDGED AND DECREED that no execution or other process shall issue on the same, except as to costs of Court as hereinafter set forth; 2. That James D. Blair and Marvene Blair, as next friends of Ronald Blair, their son, and Ronald Blair have judgment of and from the Defendant the City of Corpus Christi, Texas, a municipal corporation, in the amount of Two Million Nine Hundred Fifty Thousand Dollars ($2,950;000.00), such judgment being in addition to the judgment recovered above from W.B. Hoskins, so that the City obtain and be entitled to no credit for the amounts paid by Hoskins on the Hoskins judgment; 3. And it appearing to the Court that the City of Corpus Christi, Texas, has paid the sum of Five Hundred Thousand Dollars ($500,000.00) in cash into the registry of the Court for the use and benefit of Ronald Blair with the agreement and consent of James D. Blair and Marvene Blair, Ronald Blair and the guardian ad litem appointed herein and is not entitled to credit for the funds paid by the Defendant W.B. Hoskins, as recited above, and that the remaining unsatisfied portion of said judgment against the City of Corpus Christi, Texas, is in the amount of Two Million Four Hundred Fifty Thousand Dollars ($2,450,000.00); that the parties have reached certain other agreements which are contained in Exhibit A attached hereto, which is incorporated by reference herein, restricting the process which shall issue for the satis- faction of such judgment, and that the following orders are in -3- accord with such agreement; And the City of Corpus Christi, Texas, having assigned to Plaintiffs all of its rights against Canadian Universal Insurance Company Limited and Cravens, Dargan and Company as provided in Exhibit A, attached hereto; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Plaintiffs shall have no right of execution, mandamus, garnish- ment or other process against any assets of the City of Corpus Christi, Texas, except for costs of this suit as hereinafter set forth; 4. That the Plaintiffs take nothing against the Lower Nueces River Water Supply District; 5. That all parties'asseiting claims for contribution and/or indemnity against any other party take nothing; 6. IT IS ORDERED, ADJUDGED AND DECREED that those portions of the judgment rendered herein in favor of the Plaintiffs which have not been satisfied shall bear interest at the rate of nine percent (9%) per annum from and after this date; 7. That the guardian ad litem heretofore appointed by the Court be, and he is hereby, awarded a fee for his services rendered herein in the amount of Dollars ($ ), which fee is taxed as Court costs. 8. Plaintiffs James D. Blair and Marvene Blair, individually, shall take nothing against the City of Corpus Christi, Texas; 9. All costs of suit are taxed equally against the Defendants, the City of Corpus Christi, Texas, a municipal corporation, and W. B. Hoskins, d/b/a Sunrise Beach Campground, for which, if not paid within 30 days, the Clerk of Court shall issue execution and any other appropriate process to recover the same. 10. Any and all other relief not expressly granted herein is denied. SIGNED AND ORDERED ENTERED this day of , 1980. JUDGE PRESIDING -4- APPROVED AND AGREED TO: Ronald Blair, his mark Witness Guardian ad litem James D. Blair, individually and as next friend of Ronald Blair Marvene Blair, individually and as next friend of Ronald Blair EDWARDS & PERRY Attorneys for Plaintiffs P.O. Drawer 480 Corpus Christi, TX 78403 By David L. Perry HEAD, KENDRICK & HEAD 1020 Bank & Trust Tower Corpus Christi, TX 78477 Attorneys for City of Corpus Christi, Texas, a municipal corporation _ By Richard Flint LAW OFFICES OF GUY ALLISON Attorneys for Defendant W. B. Hoskins 920 Leopard Corpus Christi, TX 78401 By Guy Allison WOOD & BURNEY Attorneys for Lower Nueces River Water Supply District 920 Petroleum Tower Corpus Christi, TX 78474 By Allen Wood -5- CITY OF CORPUS CHRISTI, TEXAS. CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 17, 1980 I certify to the City Council that Sp 200,000.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name No. 141 - Water Fund - Unappropriated Fund Balance Project No. Settlement of claim re Cause No. 78-4079-C, James D. Blair, et al v. City of Corpus Christi, et al Project Name from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 , 19(PLI Director of Fin Corpus Christi, exas 11 day o 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 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 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz - Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYORpro•Tem THE CITYOF C/ US CHRISTI, TEXAS suspender by the flowing vote: The above ordinance was pass d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner ' Cliff Zarsky 15947