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.
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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
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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,
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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
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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
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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
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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
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• 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 ($2,450,000.00); that the
parties have reached certain other agreements which are contained
in Exhibit A attached hereto, which is incorporated by reference
herein, restricting the process which shall issue for the satis-
faction of such judgment, and that the following orders are in
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accord with such agreement;
And the City of Corpus Christi, Texas, having assigned to
Plaintiffs all of its rights against Canadian Universal Insurance
Company Limited and Cravens, Dargan and Company as provided in
Exhibit A, attached hereto;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
Plaintiffs shall have no right of execution, mandamus, garnish-
ment or other process against any assets of the City of Corpus
Christi, Texas, except for costs of this suit as hereinafter
set forth;
4. That the Plaintiffs take nothing against the Lower Nueces
River Water Supply District;
5. That all parties'asseiting claims for contribution
and/or indemnity against any other party take nothing;
6. IT IS ORDERED, ADJUDGED AND DECREED that those portions
of the judgment rendered herein in favor of the Plaintiffs which
have not been satisfied shall bear interest at the rate of nine
percent (9%) per annum from and after this date;
7. That the guardian ad litem heretofore appointed by the
Court be, and he is hereby, awarded a fee for his services
rendered herein in the amount of
Dollars ($ ), 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
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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
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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