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1992-008e ~pdocs\Lt~\gorderord ORDINANCE NO ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A RELEASE AND SETTLEMENT AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND MICHAEL L GORDER, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the attached Release and Settlement Agreement between the city of Denton and Michael L Gorder, providing for the release and settlement of the litigation now pending between the parties before the District Court of Denton County, Texas in Cause No 89-4297-16, is approved in accordance with its terms The City Manager is authorized to execute the agreement and all other docu- ments and make the payments and take such action as is necessary to comply with the terms of said agreement ~ That this ordinance shall become effective immediately upon its passage and approval ~ PASSED AND APPROVED this the~ day o~, 1992 BOB CASTLEBERRY, MA~ ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~ED AS T~O LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CAUSE NO 89-429716 MIKE GORDER § IN THE DISTRICT COURT VS § 16TH JUDICIAL DISTRICT CITY OF DENTON § DENTON COUNTY, TEXAS RELEASE AND SETTLEMENT AGREEMENT The undersigned, for and an consideration of the sum of Naneteen Thousand Three Hundred and Twenty Four ($19,324 00) Dollars plus Courts costs, to me an hand paid, the receipt of which is hereby acknowledged and confessed, does hereby covenant that this as a Release and Settlement Agreement made under a denaal of liability and shall never be construed as an admassaon of liability and as made for the purpose of buyang the peace of all parties and persons hereby released and to avoad further expense In consideration of said sum and the premises, the undersigned does hereby receive said sum in full, f~nal and complete release, d~scharge, compromise and satisfaction of any claams, actions, demands or causes of action which have arisen or may hereafter arise, known or unknown, by the undersigned, his hears, assigns or representatives for damages, actual or exemplary, costs, expenses of any element of damages ancludlng fees of any character, by reason of or ~row~ng out of this cause of action which involves a worker's compensation claim which has been appealed by Mlchael Leroy Gorder And, the undersigned hereby covenants, warrants and agrees that no promise, inducement, representation, conduct by the persons hereby released, their agents or attorneys or any person in pr~v~ty RELEASE AND SETTLEMENT AGREEMENT - Page 1 with them, has induced this release, except as hereinafter set forth The undersigned, for himself and his heirs, assigns and representatives, covenants not to sue the said released party for the claim he made for workers' compensation arising out of an alleged accident which occurred on or about 01-26-87 Further, Defendant, City of Denton, shall pay all outstanding medical expenses for the reasonable and necessary medical treatment of the injury, made the basis of thls lawsuit, in the above styled and numbered cause I further agree that a Judgment may be entered In this case reflecting the te~s of th~s Release ~nd Settlement Agreement STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, on th~s day personally appeared Michael Leroy Gorder, known to me to be the person whose name is subscribed to the foregoing ~nstrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on 7 , 1991 NOT~Y PUBLId IN ~D/~R  TE OF TEXAS CO~ISSION EXPIRES MY /,_ /_ /: ~ ~[&~ NOTARY PUBL,C CAUSE NO 89-429716 MIKE GORDER § IN THE DISTRICT COURT VS § 16TH JUDICIAL DISTRICT CITY OF DENTON § DENTON COUNTY, TEXAS THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for the above mentioned County and State, on this day personally appeared Michael Leroy Gorder, who after being duly sworn, on oath says that he is above the age of eighteen (18) years and not mentally incapacitated in any way Affiant further says: "My name is Michael Leroy Gorder I am a male and reside at 3012 Bob-O-Link, Denton, Texas 76201 My Social Security No is 461-78-2375 I am the Plaintiff and Claimant in Cause No 89-429716, styled Michael Leroy Gorder vs City of Denton pending in the 16th Judicial District Court of Denton County, Texas, which suit is an appeal from the Final Award entered by the Texas Worker's Compensation Commission in Board No 87-055875-N1, styled "Mlke (M~chael) (Leroy) Gorder, Employee, C~ty of Denton - Self Insured, Employer, in a claim growing out of injuries sustained by me on or about 01-26-87 That on or about 01-26-87, as alleged in my report of injury, I received an injury to my hands and right foot while working in the course and scope of my employment As a result of these injuries, I have been dlsabled as described in my pleadings on file in thls lawsuit AFFIDAVIT - Page 1 "I recognize, acknowledge and understand that the l~abalzty of this claim zs andefinate and ancapable of being satasfactoraly established, and that there ~s a bona fzde dzspute ~n connection w~th the extent and duration of dzsab~l~ty that I claim to have sustaaned as a result of the accidental anJuraes referred to herelnabove " "I have made and entered ~nto a Release and Settlement Agreement subject to the approval of the Court ~n whach th~s case zs pendang wzth the City of Denton an the total sum of Nineteen Thousand Three Hundred and Twenty Four Dollars ($19,324 00) plus court costs (an addition to any compensation that may have heretofore been paad) I understand and agree that such total payment ~s bezng made to me and my attorney, George A Preston 'I further understand and agree that the Caty of Denton shall pay and be lzable for the following medical balls and expenses and none other "The C~ty of Denton shall pay all outstanding medical expenses for the reasonable and necessary medical treatment of the injury, made the bas~s of this lawsuat, ~n the above styled and numbered cause " 'In making th~s Release and Settlement Agreement, I realize that I will never be able to get any further or additional sums of money from the City of Denton I further understand and agree that the effect of thls Release and Settlement Agreement will forever close this matter and thas can never be reopened at any tame an the future for any reason ' AFFIDAVIT - Page 2 close this matter and this can never be reopened at any time in the future for any reason" "I further understand that this case could be tried before a Jury and that I have a right to require my attorney, or some other attorney, to try this case before a Jury, but I wish to waive the right and waive a Jury trial and submit th~s Release and Settlement Agreement to the Court for its approval In making this Release and Settlement Agreement, I have relied upon my own knowledge of the matters in controversy, I have been represented by an attorney of my own choice and have been advised of my legal r~ghts Knowing all of these matters and having the benefit of my legal rights, I believe this settlement to be fair and reasonable and it is one that I desire to make I hereby request the Court to approve this Release and Settlement Agreement which I have entered into with the City of Denton "In making this Release and Settlement Agreement, I have not and am not relying upon any promises, representations, inducements or offers of any kind whatsoever made to me by any officer, agent, physician or attorney or anyone representing the City of Denton either as to the liability of the City of Denton or the nature and extent of the injuries, but rather I am relying upon my own good Judgment as influenced by the attorneys and doctors of my own choice " 'I have employed George A Preston to represent me in this matte~ and I have agreed to pay h~m an attorney's fee of 25% of the recovery herein The services of th~s attorney have been, in every respect, satisfactory to me and I request the Court to approve the AFFIDAVIT - Page 3 contract in which I have entered w~th h~m and to award my attorney 25% of the recovery herein ' "This Release and Settlement Agreement for Judgment which w~ll be f~led an this cause bears my s~gnature and I have read the Release and Settlement Agreement and understand at, and ~ts contents and effects have been explained to me by my attorney and I here and now request the Court to enter Judgment in accordance with the Release and Settlement Agree~nt ' SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority by the said Michael Leroy Gorder on this the ~ ~L day of , 1991, to certify which wltness my hand and seal of off~ce MY COMMISSION EXPIRES NOTARY PUBLIC IN AN~R THE STATE OF TEXAS ~/ AFFIDAVIT - Page 4 CAUSE NO 89-429716 ~ ~t~l L -~1~3 TX MIKE GORDER § IN THE DISTRICT COURT OF VS § DENTON COUNTY, TEXAS CITY OF DENTON § 16TH JUDICIAL DISTRICT RELEASE AND SETTLEMENT AGREEMENT For and in consideration of the sum of Nineteen Thousand Three Hundred and Twenty Four ($19,324 00) Dollars plus Court costs, to be paid in two installments, the first of which, in the amount of Nine Thousand Five Hundred Dollars ($9,500 00), has this day been paid to me in hand, and its receipt is hereby acknowledged and con- fessed, and the second of which, for the remaining balance of the sum first recited, to be paid at the future date after formal approval by the City Council of the City of Denton, Texas, the undersigned does hereby covenant that this is a Release and Settle- ment Agreement made under a denial of l~ability and shall never be constln/ed as an admission of liability and is made for the purpose of buying the peace of all parties and persons hereby released and to avoid further expenses In consideration of sa~d sum and the premises, the undersigned does hereby receive said sum in full, final and complete release, discharge, compromise and satisfaction of any claims, actions, demands or causes of action which have arisen or may hereafter arise, known or unknown, by the undersigned, his heirs, assigns or representatives for damages, actual or exemplary, costs, expenses of any element of damages including fees of any character, by reason of or growing out of this cause o~ action which involves a worker's compensation claim which has been appealed by Michael Leroy Gorder And, the undersigned hereby covenants, warrants and agrees that no promise, inducement, representation, conduct by the persons hereby released, their agents or attorneys or any person in privlty with them, has induced th~s release, except s hereinafter set forth The undersigned, for himself and his heirs, assigns and repre- sentatives, covenants not to sue the said released party for the claim he made for workers~ compensation arising out of an alleged accident which occurred on or about January 26, 1987 Further, Defendant, city of Denton, shall pay all outstanding medical expenses for the reasonable and necessary medical treatment of the injury, made the basis of this lawsuit, in the above styled and numbered cause I further agree that a Judgment may be entered in this case reflecting the terms of this Release and Settlement Agreement I further waive any potential claim of bad faith against the City o£ Denton, Texas in connection with the investigation, payment or handling of the instant cause ~"~ da EXECUTED this~F__ y of December, 1991 ~¥ GORD~R - RELEA~ AJiD SETTLEHEMT ASIEBIEIlT PME 2 THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Michael Leroy Gorder, known to me to be the person whose name Ks subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed ~ SWOP~N TO AND SUBSCRIBED BEFORE ME, this the day of December, 1991 RELEASE ldo SETTLENEWT ~ pAGE