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1992-096ALL00217 ORDINANCE NO ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AGREEMENTS FOR JUDGMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DAVID SOLIS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the attached Agreements for Judgment between the city of Denton and David Solis, providing for the settlement and compromise of the litigation now pending between the parties before the District Court of Denton County, Texas in Cause No 91- 20425-158, be approved in accordance with the terms The City Man- ager is authorized to execute the agreements and all other docu- ments and make the payments and take such action as is necessary to comply with the terms of said agreements ~ That this ordinance shall become effective imme- diately upon 1ts passage and approv~ PASSED AND APPROVED this the~~ day of , 1992 ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CAUSE NO 91-20425-158 DAVID SOLIS IN THE DISTRICT COURT VS OF DENTON COUNTY, TEXAS CITY OF DENTON (SELF-INSURED) 158TH JUDICIAL DISTRICT COMPROMISE SETT~RNTAGRE~W~NT Plaintiff DAVID SOLIS in the above-entitled and numbered cause, Joined herein by Don E Hickey, Plaintiff attorney of record, and CITY OF DENTON (SELF-INSURED), Defendant herein, acting by and through its attorney of record, do hereby stipulate and agree upon a satisfactory compromise and settlement of all of the issues involved in this case Plaintiff agrees to accept the sum of $32,975 00, payment by Defendant of all reasonable and necessary past unpaid medical expenses arising from the accident of 06/18/90, payment of all future reasonable and necessary medical expenses arising from the accident of 6/18/90 until 4/27/95 at the direction of Dr Major Blair (and subject to approval of the City of Denton Council as necessary) and payment of all court costs by Defendant, in full settlement, compromise and acquittance of all the issues and claims arising from the accident of 06/18/90 which accident is the basis of th~s case, including all claims and demands, actions and cause of action, for damages, workers' compensation benefits and/or medical expenses under the Texas Workers' Compensation Law of the State of Texas, growing out of or connected in anywise with the accident alleged Plaintiff PAGE I COMPROMISE S~,~-j,~.R~NT AGBER~RNT claims to have been injured in the course of his employment for the City of Denton, which employer is alleged to have been insured under the Workers' Compensation Law of the State of Texas It is further understood and agreed between the parties hereto that the liability of Defendant CITY OF DENTON (SELF-INSURED) is indefinite, uncertain and incapable of being satisfactorily established, and the Plaintiff releases CITY OF DENTON (SELF-INSURED), its insurers, attorneys, employees, agents and representatives from any and all liability for all claims and/or damages arising from or related to his accident and injuries, including claims for all reasonable and necessary medical expenses which he may incurr in the future, except as specifically set out herein It is hereby agreed and understood that upon the approval of this Compromise Settlement Agreement by the Court, and entry of the Judgment in accordance with this Agreement, the agreed sums will be paid by this Defendant to the Plaintiff and Plaintiff's Attorney It is further understood and agreed that Judgment will be entered herein carrying into effect this Agreement Plaintiff does hereby represent and warrant that he employed Don E Hickey, attorney, to represent him in connection with this claim, and that Plaintiff agreed to pay said attorney a 25% fee which is within the limits provided by the Workers' Compensation Law of the State of Texas Plaintiff represents and warrants that he has entered Into PAGE 2 COMPROMISE SE'~-r~EMENT AGRERw~.NT this Agreement of his own free will and accord and Plaintiff has not been induced to do so by the statements, acts or representations of the said Defendant or anyone else It is hereby understood and agreed that all the Jurisdictional facts exIst investing th~s Court with Jurisdiction of this su~t and cause of action WITNESS our signatures this __ day of , 1992 DAVID S~LIS! / / // Plaint~ f / DON~ HICKE~ - Attorney for Plaintiff SCOTT A HENDERSON SMITH, SMITH, SMITH & HENDERSON Attorney for Defendant THE STATE OF TEXAS ) ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared DAVID SOLIS known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and cons~deration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this C~~t4 day of ~ ~ %~ ~ ~%%% ---~ ~ .,~n,,< .,%%, ~OTARY PUBLIC IN a~ FoR % ,$~ ~"%)~%%%~n%~9%'~ ~THE STATE OF TEXAS PAGE 3 CO~ROMISE SE'~"t',.R~ AG~R~ CAUSE NO 91-20425-158 DAVID SOLIS IN THE DISTRICT COURT VS OF DENTON COUNTY, TEXAS CITY OF DENTON (SELF-INSURED) 158TH JUDICIAL DISTRICT ~~ On the __ day of , 1992, came on to be heard the above-entitled and numbered cause, and came the Plaintiff DAVID SOLIS, in person and by attorney, and came the Defendant CITY OF DENTON (SELF-INSURED) by attorney, and both parties announced ready for trial A jury having been waived, all matters of fact, as well as of law, were submitted to the Court After considering the pleadings, the evidence and argument of counsel, the Court is of the opinion and finds as follows The Plaintiff and Defendant has entered into a Compromise Settlement Agreement by which all of the claims involved herein have been satisfactorily compromised and settled Said Compromise Settlement Agreement nas been reduced to writing, signed by the parties hereto and their attorneys, and an original copy has been filed herein with the papers in this suit and introduced in evidence The Court has considered said Agreement, together with the evidence in connection therewith, and is of the opinion that said Compromise Settlement Agreement is fair and equitable to all parties, and that all parties have agreed thereto, and that said Agreement should be and is hereby in PAGE 1 FINAL OUI.~'NT DEPT settle Plaintiff's claims and cause of action agaanst saad Defendant and has employer The Court finds that the laabal~ty of Defendant CITY OF DENTON (SELF-INSURED) is indefinite, uncertain and ~ncapable of being satasfactoraly established, and the Court, therefore, specifically approves that portaon of the Compromase Settlement Agreement where~n the Plaintiff releases Defendant and Plaantiff's employer, their lnsurers, attorneys, employees, agents and representatives from any and all further causes of actaon and laab~l~ty for damages arising from or related to Plaantiff's employment and/or alleged accident and anjur~es The Court hereby finds that the Plaintiff has contracted wath Attorney Don E H~ckey to represent Plaintiff before the Industraal Accident Board and an this Court, and Plaintiff agreed to pay sa~d Plaantlff Attorney a 25% fee which Ks within the llmlts provided by law The Court as further of the opinaon that Judgment should be entered herein carrying ~nto effect sa~d Compromise Settlement Agreement It as therefore, ORDERED, ADJUDGED AND DECREED that the Plaintiff DAVID SOLIS does have and recover of and from Defendant CITY OF DENTON (SELF-INSURED) the sum of $32,975 00, all reasonable and necessary past unpaid medical expenses, payment of all future reasonable and necessary medical expenses arising from the accident of 6/18/90 until 4/27/95 at the directaon of Dr Major Blair and payment of all court costs and that out of sa~d sum of money, the PAGE 2 FIHAL 4uuGMENT sa~d Plaintiff shall pay unto Plaintiff attorney of record the sum of $8,243 75 as an attorney's fee, which the Court hereby finds to be a reasonable and fair fee, and the Court hereby further finds that the services rendered by said attorney are reasonably worth the sum of money herein allowed as such fee, and that the said claimant under the compensation law has been benefited to such extent as to justify the allowance of such fee It is further, ORDERED, ADJUDGED AND DECREED that this Judgment releases the Defendant CITY OF DENTON (SELF-INSURED), its insurers, attorneys, employees, agents and representatives from any an¢ all further liability to Plaintiff, including liability for future medical expense incurred by Plaintiff after the date of this Judgment and that this Judgment is a full and final Judgment It is hereby further ORDERED, ADJUDGED AND DECREED that all Court costs herein be and the same are hereby taxed against Defendant The Court hereby further finds that contemporaneously with the entry of this Judgment, Defendant has paid the sum of money herelnabove awarded as herein directed, and that this Judgment has been satisfied in full contemporaneously with its entry It is therefore, further ORDERED, ADJUDGED AND DECREED that no execution shall issue herein upon this Judgment, except for costs not paid The Court hereby further finds that all of the Jurisdictional facts exist investing this Court with jurisdiction of this suit and alleged cause of action PAGE 3 FINAL Ail relief not expressly granted is DENIED SIGNED this day of , 1992 JUDGE PRESIDING AGREe/ TO~ t ~/ DON E HICKEY / ATTORNEY FOR PId%IN~IFF D~VID 80his SCOTT A HENDERSON ATTORNEY FOR DEFENDANT CITY OF DENTON (SELF-INSURED) PAGE 4 FINAL