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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