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Home My WebLink About15976 ORD - 01/14/1981�r. AN ORDINANCE APPROVING PROPOSED AGREED JUDGMENT IN CAUSE NO. 79-393-F, CITY OF CORPUS CHRISTI, TEXAS, ET AL V. CORPUS CHRISTI OSTEOPATHIC HOSPITAL, INC., PENDING IN THE 214TH JUDICIAL DISTRICT COURT OF NUECES COUNTY, TEXAS AND EXEMPTION OF CORPUS CHRISTI OSTEOPATHIC HOSPITAL PROPERTY FROM AD VALOREM TAXES AS OF JANUARY 1, 1974, ACCORDING TO A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the proposed agreed judgment in Cause No. 79-393-F, City of Corpus Christi, Texas, et al v. Corpus Christi Osteopathic Hospital, Inc., pending in the 214th Judicial District Court of Nueces County, Texas and exemp- tion of Corpus Christi Osteopathic Hospital property from ad valorem taxes as of January 1, 1974, be hereby approved, according to a substantial copy thereof attached hereto and made a part hereof. SECTION 2. That the necessity to approve the proposed agreed judg- ment as set out hereinabove at the earliest possible date creates a public emergency and an imperative public necessity 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 that such emergency and necessity exist, and 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 infull force and'eeffect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the if/ day of'January, 1981. ATTEST: APPROVED: 14- DAY OF JANUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY ByLat3ri•e444. City torney 115976 MAYOR Pm:iem THE CITY OF CORP S CHRISTI, TEXAS QfILMLu SSP 27W U NO. 79-393-F CITY OF CORPUS CHRISTI X CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CORPUS CHRISTI JUNIOR COLLEGE DISTRICT J( vs. CORPUS CHRISTI OSTEOPATHIC HOSPITAL, INC. X JUDGMENT BE IT REMEMBERED that on the IN THE DISTRICT COURT 214th JUDICIAL DISTRICT NUECES COUNTY, TEXAS day of January, 1981, came on for trial on the merits, the above styled and numbered cause wherein the City of Corpus Christi, Corpus Christi Independent School District, and Corpus Christi Junior College District are Plaintiffs and Corpus Christi Osteopathic Hospital, Inc., is Defendant. Plaintiffs appeared by and through their attorney of record and Defendant appeared by and through their attorney of record and all parties announced ready for trial, and no jury having been demanded and said cause having been submitted to the Court and the Court having heard the pleadings and evidence, is of the opinion and finds that all conditions precedent to the right to levy the taxes herein sued for were complied with as required by law; that Plaintiffs are legally constituted and authorized to levy, assess, and collect said taxes, and all of said taxes were duly and legally assessed against the property hereinafter described and the owner thereof, that all notices required by law have been given by the proper persons and for the time and in the manner provided by law and that the Defendant is the owner of the following described property, to wit: FIRST TRACT: Copps Subdivision, Lot 1, an addition to the City of Corpus Christi; (Account Number: 1685-0000-0010) 2nd TRACT: Copps Subdivision, Lot 2, an addition to the City of Corpus Christi; (Account Number: 1685-0000-0020) 3rd TRACT: Ayers Comm. Center SW 1/2 of Lot 1A, an addition to the City of Corpus Christi; (Account Number 0330-0000-0010) 4th TRACT: Ayers Comm. Center NE 1/2 of Lot 1A, an addition to the City of Corpus Christi; (Account Number 0330-0000-0011) 5th TRACT: ' Personal Property, furniture and fixtures, machinery and equipment; (Account Number C004-6747) and it appearing that Plaintiffs are seeking in this suit delinquent taxes on the first described tract for the years 1971 through 1979; with regard to the second described tract, delinquent taxes for the years 1970 through 1979; with regard to the third described tract, delinquent taxes for the years 1970 through 1979; with regard to the fourth tract, delinquent taxes for the years 1968 through 1979 and with regard to the fifth described tract, delinquent taxes for the years 1970 through 1979; and the Court having considered the pleadings, having heard the evidence and argument of counsel is or the opinion that with regard to the delinquent taxes assessed against the above described fifth account, to wit: Personal. Property, furniture and fixtures, machinery and equipment, that the law and facts are against Plaintiffs cause of action with regard to the tax years 1970, 1971, 1972, 1973, and 1974 in that collection of delinquent ad valorem taxes for said years are barred by the provisions of Article 7298, Vernon's Annotated Texas Civil Statutes. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT Plaintiffs, City of Corpus Christi, Corpus Christi Independent School District, and Corpus Christi Junior College District take nothing from Defendant, Corpus Christi Osteopathic Hospital, Inc., with regard to the above described fifty account, being tax account C004-6747, Personal Property, furniture and fixtures, machinery and equipment, for the tax years 1970 through 1974 and it is further ORDERED that said Plaintiffs remove said tax account C004-6747 from the delinquent tax roll for the years 1970 through 1974. The Court, after having considered the pleadings on file herein, and having heard and understood the evidence and argument of counsel, is of the opinion and hereby finds that Corpus Christi Osteopathic Hospital, Inc., Defendant herein, changed their method of operation such that it is entitled to an exemption from the payment of ad valorem taxes to the Plaintiffs herein and qualifies as a public charity as defined in Article 7150, Vernon's Annotated Texas Civil Statutes, from and since January 1, 1974. From and since that date, Defendant Corpus Christi Osteopathic Hospital, Inc. has operated as a charitable organization and is used exclusively by such charitable organization in providing medical care without regards to the beneficiary's ability to pay and in such respect qualifies for an exemption from the ad valorem taxes sought by Plaintiffs by virtue of the cited Article 7150, Vernon's Annotated Civil Statutes and further as provided by Sec. 11.18, Property Tax Code of the State of Texas. Judgment - 2 - IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiffs, City of Corpus Christi, Corpus Christi Independent School District, and Corpus Christi Junior College District take nothing for ad valorem taxes assessed against Defendant for the years 1974, 1975, 1976, 1977, 1978, and 1979 on the above described tax accounts as prayed for in their petition, and said accounts are ordered removed from the tax rolls. The Court after considering the pleadings on file and hearing and understanding the evidence and argument of counsel is of the opinion and hereby finds that the Defendant, Corpus Christi Osteopathic Hospital, Inc. was and is liable to Plaintiffs, City of Corpus Christi, Corpus Christi Independent School District, and Corpus Christi Junior College District for ad valorem taxes as prayed for in their Petition on the above described First, Second, Third and Fourth Tracts through the tax year 1973 inclusive. It is THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiffs, City of Corpus Christi, Corpus Christi Independent School District, and Corpus Christi Junior College District have and recover of and from the above named Defendant, Corpus Christi Osteopathic hospital, Inc., taxes, penalty, interest and costs as prayed for in their Petition on the above described First Tract for the years 1971 through 1973 and being Tax Account Number 1685-0000-0010; on the above described Second Tract for the years 1970 through 1973 and being Tax Account Number 1685-0000-0020; on the above described Third Tract for the years 1970 through 1973 and being Tax Account Number 0330-0000-0010; and on the above described Fourth Tract, for taxes for the years 1968 through 1973, and being Tax Account Number 0330-0000-0011, for a total amount due said Plaintiffs by said Defendant for taxes, penalty, and interest in the amount of $73,673.05 upon the above described property for the years as shown with interest thereon at the rate of 9% per annum from the date of this Judgment. It is further ORDERED, ADJUDGED, AND DECREED that the said adjudged value or reasonable fair value of each of said above described tracts is hereby set by this Court as follows, to wit: FIRST TRACT: $13273 THIRD TRACT: $ 3,595 SECOND TRACT: $1,084,025 FOURTH TRACT: $3,330 Judgment - 3 - It is further ORDERED, ADJUDGED, and DECREED that a lien exists against each of the above described First, Second, Third and Fourth Tracts, superior to all other liens, charges, or encumbrances of any character for the respective amount of taxes, penalty, interest and costs herein charged to be due on each of said tracts in favor of Plaintiffs for the respective amounts due, which lien is hereby foreclosed on each of said above described First, Second, Third and Fourth Tracts. The Court finds that Plaintiffs and Defendant have entered into an agree— ment with respect to the payment of said delinquent taxes to Plaintiffs by Defendant, a copy of which agreement is attached hereto as Exhibit "A" and made a part here— of the same as if written herein. Based upon said payment agreement as evidenced by the aforesaid Exhibit "A", no Order of Sale of the property subject to the delinquent ad valorem taxes herein is ordered to be issued to the Clerk of this Court. Nothing herein, however, shall prevent or prejudice Plaintiffs, in the event of default of said payment agreement by Defendant after due notice of said default to Defendant by Plaintiffs, from filing an appropriate' Motion with this Court re— questing an appropriate Order of Sale to issue in the event of default of said payment agreement by Defendant, ordering the sale of the property subject to the delinquent ad valorem taxes herein. All Costs of Court in these proceedings are assessed against Defendant, Corpus Christi Osteopathic Hospital, Inc. Signed and Ordered entered this the day of January, 1981. Judge Presiding APPROVED: al l George, Attorney for Plaintiffs (es Porter, Attorney for Defendant Judgment • • • 1! ', . ' . . • " .._.- . - • - • • ; ; . • . • • • • : ' . • • : ; - • • i ' : • .1i. . * • • •••., ,••••• • • • • • . rAn'OF TEXAS i-, • • • • • AGREEMENT, -.;. -.:' ... ' ' DATE: 1/:-• If.rea'Art :::--:•:•- ..: thUNTY OF NDECES' .- - •.. .. i .... . -.". KNOW Am. MEN IJYTHESE PRESENT& - • • , j) • . VA-IERV:ii.S,e-Dzit-iptaV--w_as 911, the i 4:la,' of 1;"1. ..:', • ::: i, --.: 19...It_ indebted in he antbunt of $_7 d IL. ' Li 0-3:-..- • ' to the City of Corpus ',.. '','• '•• . Christi., C. C. Ind. School Dist., C. C. Jr. College Di,:. and Lower 'Nuetes River Water Supply Dist.; duly organivtal taxing ttnits, for delinquent taxes-,..fienalties, inter.-- 's • -..:: ?. tits and costs upon property owned in wItcde or in pail by the undersigned and ' " '•• - -- • 'WI IF:RIAS. the untiersigned !seminally recdgnizes. rconfirmi and admits indebted- • .-...... 1•".. 1 . . _ • -. : •.!. • . • . -en' ess to the above -named taxing unics, and all valid- and existing liens securing such . • • .. .. • . .., ..; ...-: .. Indebtedness against such property. .• , • .- .. - • ..' : -,.;-; ; • - --.. NOW THEREFORE, in -consideration of the iorebeararice of 'dm taxing units in • ..:-. ,•:'..; --,.. -- -filing suit or raking other legal action to collect the 'above stated indebtedness, so long ', . I • '_ . ; .. .. ,; : :' as the payments,ht•teinafter provided are timely Inadcohe'pnclt•rsigned promises to pay. :. .. . • .• . . .•- ; to the -taxing units at Jhe City Tax Office the sum a Vf./-Y-)2'...1Y-• (/...._on or before ' • , • • ., . ss - .- -; ',•• • .• of3J '1/ J,L2 .;17_-..r_a -On or before the /-_____•1 ---' day.a each-. .....,.--iolti, to make such future ,>!,/,141)....,._payincts in du, amott ., until all &Unguent taxes, penalties, interests and cd:as novi-owed or M the future aceru• . • -• --, - •. in g to the undersigned have been paid. • .. . . • . . . . . . ' .4.2 32-.4.4,j • . ... (Applicant) • s'.... ....-: Corpus Christi, Texas pp day of ``lv�r cc<w.,., 19 D/ O e 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, MAYOR Pro•Tem THE CITY OF%CORPUS CHRISTI, TEXAS following vote: The Charter rule was suspended Luther Jones ' -Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the 0-11 # J (1i.r The above ordinance was passed, by the following vote: Luther Jones geze„.4—, Edward L. Sample L{�j��i Dr. Jack Best ( / r Jack K. Dumphy (e%J Leopoldo Luna / e/ Betty N..Turner Cliff Zarsky 15976