HomeMy WebLinkAbout17232 ORD - 09/01/1982AN ORDINANCE
AUTHORIZING THE SETTLEMENT OF CITIZENS STATE BANK,
TRUSTEE, V. CITY OF CORPUS CHRISTI BY AGREEMENT;
APPROPRIATING $22,101.75 FROM PARK TRUST FUNDS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
Compromise Settlement Agreement and Release in settlement of Citizens State
Bank (Cagle 1971 Trust) v. City of Corpus Christi, a substantial copy of
which agreement is attached hereto as Exhibit "A."
SECTION 2. That there is hereby appropriated $21,150.00 from Park
Trust Fund No. 111-241.05, Nueces River Park, and $951.75 from Park Trust
Fund No. 111-241.01, Unrestricted Funds, for said settlement.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the immediate
need for efficient and effective administration of City affairs by settling
the aforementioned lawsuit, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency
measure this the/4Z day of September, 1982.
ATTEST:
,000
&WIC'
Y Secretary MAYOR
THE CITY OF CORUS CHRISTI, TEXAS
APPROVED:J/siDAY OF AUGUST, 1982
J. BRUCE AYCOCK, CITY ATTORNEY
17232
SEP 2 8 1984
MICROFILMED
NO. 82-947-C
CITIZENS STATE BANK OF § IN THE DISTRICT COURT
CORPUS CHRISTI, TRUSTEE FOR
THE CAGLE 1971 TRUST
94TH JUDICIAL DISTRICT
V.
CITY OF CORPUS CHRISTI, TEXAS § NUECES COUNTY, TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is by and between Citizens State Bank of Corpus
Christi, Trustee for the Cagle 1971 Trust (hereinafter referred to as the
Plaintiff) and the City of Corpus Christi, Texas (hereinafter referred to
as the City).
WHEREAS, the Plaintiff owns a parcel of land known as Lot E, Magee
Tract annex, Nueces County, Texas; and
WHEREAS, as a condition to the approval of the plat of said land, the
City required, pursuant to its platting ordinance, Ordinance No. 4168 as
amended, the dedication of adjacent street right-of-way and the payment of
a sum of money in lieu of the dedication of park land; and
WHEREAS, the Plaintiff instituted the above -styled and numbered cause
against the City, seeking thereby to recover the value of the dedicated
street right-of-way and the sum paid to the City in lieu of park land
dedication, with interest; and
WHEREAS, bona fide disputes and controversies exist between the
parties, both as to liability and the amount thereof, if any, and by reason
of such disputes and controversies the parties hereto desire to compromise
and settle all claims and causes of action of any kind whatsoever which
Plaintiff has or may have in the future arising out of such transaction and
intend that the full terms and conditions of the compromise and settlement
be set forth in this compromise settlement agreement.
Now, THEREFORE, the parties agree to compromise and settle this
disputed claim as follows:
1. In consideration of the sum of Twenty -Two Thousand, One Hundred
one and 75/100 ($22,101.75) Dollars, the receipt and sufficiency of which
is hereby acknowledged, Plaintiff has this day released and by these
presents does release acquit, and forever discharge the City, its agents,
servants, and employees, and all persons, natural or corporate, in privity
Fxb.19"
with them or any of them, from any and all claims or causes of action of
any kind whatsoever, at common law, statutory or otherwise, which Plaintiff
has or might have, known or unknown, now existing or that might arise
hereafter, directly or indirectly attributable to the above-described
transaction, it being intended to release all claims of any kind which
Plaintiff might have against those hereby released, whether asserted in the
above -captioned suit or not;
2. The City promises not to seek enforcement of its park dedication
requirement or any requirement of a cash payment in lieu of park dedication
against the above-described property, subject, however, to the provisions
of paragraph (3), below;
3. The Plaintiff promises that in the event it or its assigns should
ever convert or prepare to convert the above-described property or part
thereof to residential use, then the Plaintiff or his assigns shall comply
with any City ordinance in effect at that time imposing a requirement of
dedication of park land or of payment of casff in lieu" thereof as to
residential property, and no building permit shall be issued and no
construction shall commence prior to such compliance;
4. It is expressly understood and agreed that the terms hereof are
contractual and not merely recitals and that the agreements herein
contained and the consideration transferred is to compromise doubtful and
disputed claims and to avoid the expense and inconvenience of litigation,
and that no payments made nor releases or other consideration given shall
be construed as an admission of liability, all liability being expressly
denied.
5. It is further understood and agreed that the Plaintiff will
obtain from the court above designated an order dismissing the
above -captioned lawsuit, with prejudice, and with all costs of suit to be
taxed to the party incurring same.
• ,
6. This Compromise Settlement Agreement and Release is the entire
agreement between the parties and shall be binding upon and inure to the
benefit of their heirs, executors, administrators, successors and assigns.
CITY OF CORPUS CHRISTI, TEXAS
By
Date Edward A. Martin, City Manager
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
DAY OF
,1982
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
4Ki;;;;:
Assistan ity Manager
CITIZENS STATE BANK OF CORPUS CHRISTI
Date By
ATTEST: APPROVED:
Attorney For Plaintiff
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned, a Notary Public, on this day personally
appeared Edward A. Martin, known to me as the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that same
was the act of the City of Corpus Christi, and that he executed the same as
the act of the City of Corpus Christi for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office, this day of
, 1982.
Notary Public
State of Texas
CORPORATE ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned, a Notary Public, on this day personally
appeared , known to me to be the person and
officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of said Citizens State Bank of
Corpus Christi, a corporation, and that he executed the same as the act of
such corporation for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN under my hand and seal of office, this day of
1982.
Notary Public
State of Texas
_
Corpus Christi, Texas
day of
1982
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council. '
Respectfully,.
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
wing
vote:
1'7232