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