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Home My WebLink About15956 ORD - 12/24/1980jkh:12-23-80;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY AND ALAMO FIRE- WORKS, INC., A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a Compromise Settlement Agreement between the City and Alamo Fireworks, Inc., a substantial copy of which agreement is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. The necessity to authorize immediate execution of the aforesaid agreement creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule that no ordinance or resolu- tion 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 that such emergency and necessity exist, having requested the suspension of the 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 2.1" day of December, 1980. ATTEST: qjty-Secretary APPROVED: 23rd DAY OF DECEMBER, 1980: J. BR CE AYCOCK,,CITY ATTORNEY By 1 . 1,� stant City Atto ,Q,'• 15956 CITY OF CORPUS CHRISTI, TEXAS OF LMED FSP 271994 COMPROMISE SETTLEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, Texas (hereinafter "City"), is a municipal corporation and home rule city operating under the laws of the State of Texas, and Alamo Fireworks, Inc. (hereinafter "Alamo"), is a business corporation operating under the laws of the State of Texas and engaging in the business of selling fireworks; and WHEREAS, on December 12, 1980, City seized a semi -trailer full of fireworks stored and possessed by Alamo at 1310 Sealane, a residence within the City limits of City; and WHEREAS, possession of such fireworks violates Chapter 17 of City's Fire Prevention Code; and - WHEREAS, Section 17.06 of said Code directs City officials to seize and destroy such fireworks; and WHEREAS, City and Alamo have a bona fide dispute as to whether the City has legal authority to destroy such fireworks: It is, therefore, agreed, in compromise and settlement of such dispute, that: 1. Alamo shall agree to entry of a permanent injunction in favor of City enjoining Alamo, its employees, servants, agents, successors and assigns from ever possessing, storing, assembling, manufacturing, receiving, selling, dispensing, transporting within or through, or otherwise handling any fireworks, as now or hereafter defined by state law or City of Corpus Christi ordinance, within the city limits of Corpus Christi, Texas, or within five thousand (5,000) feet of said city limits, specifically in accordance with the terms of the court order, attached hereto as Exhibit "A", and made a part hereof. 2. Alamo shall pay the City $1,350.00 as its expenses in seizing, transporting, and storing the fireworks described above. 3. Alamo shall pay to City $500.00 in lieu of criminal fines for fireworks violations relating to said fireworks. 4. City shall permit Alamo to transport the disputed fireworks to a safe place outside the City's jurisdiction, such transportation to be under the direction and escort of the City. 5. When finally transferred to Alamo outside City jurisdiction, Alamo shall transport said fireworks to its place of business in Bexar County, Texas. EXECUTED this the day of December, 1980. CITY OF CORPUS CHRISTI ALAMO FIREWORKS, INC. City Manager President City Secretary APPROVED: City Attorney NO: CITY OF CORPUS CHRISTI, TEXAS V. ALAMO FIREWORKS, INC. ORDER IN THE DISTRICT COURT JUDICIAL DISTRICT NUECES COUNTY, TEXAS This cause, wherein the City of Corpus Christi, Texas, is Plaintiff, and Alamo Fireworks, Inc., is Defendant, came on for trial on December , 1980, and said parties appeared by their attorneys, and announced to the Court that it was agreed by the parties that a permanent injunction should be granted in favor of Plaintiff against Defendant as more fully set out herein, and it appearing to the Court that irreparable harm will occur if the injunction is not granted because the City of Corpus Christi has no adequate remedy at law to vindicate its interest in the public safety, and it appearing to the Court that a permanent injunction should be granted; It is, therefore, ORDERED, ADJUDGED and DECREED that Defendant, Alamo Fireworks, Inc., its employees, servants, agents, successors and assigns be permanently enjoined from ever possessing storing, assembling, manufactur- ing, receiving, selling, dispensing, transporting within or through, or otherwise handling, any fireworks, as now or hereafter defined by state law or City of Corpus Christi ordinance, within the city limits of the City of Corpus Christi, Texas, or within five thousand (5,000) feet of said city limits. It is further ORDERED, ADJUDGED and DECREED that it shall be the duty of Defendant Alamo Fireworks, Inc., to determine where said boundary lines are located, by survey.if necessary, and said Defendant shall not rely on any signs posted by the City near or upon roadways. It is further ORDERED that Plaintiff recover its costs of Defendant. SIGNED this day of December, 1980. Judge Presiding Corpus Christi, exas 2Y day off,�;,jyncuc , 19g 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. Respectfully, THE C OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr..Jack Best David Diaz • Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15958