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HomeMy WebLinkAbout14847 ORD - 03/28/1979AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT TO SETTLE THE FEDERAL COURT SUIT, CAUSE NO. C-78-20, RINALDA HARSHBERGER V. W. N. SCARBOROUGH, JR., DIRECTOR OF MAINTENANCE SERVICE, ET AL, A SUBSTANTIAL COPY OF WHICH COM- PROMISE SETTLEMENT AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. That the City Manager be and he is hereby authorized to enter into a settlement agreement to settle the Federal Court case, Cause No. C-78-20, Rinalda Harshberger v. W. N. Scarborough, Jr., Director of Maintenance Service, et al,'a substantial copy of which Compromise Settle- ment Agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid settlement agreement at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity to exist, and having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 2 day of March, 1979. ATTEST: 94,4a c41 Secretary P D: AY OF MARCH, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By I City At ney MAYOR THE C 1484'0 OF CHRISTI, TEXAS MICROFILMED JUL 0 81980 • IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT.OF TEXAS CORPUS CHRISTI DIVISION RINALDA HARSHBERGER, PLAINTIFF v. W.N. SCARBOROUGH, JR., DEPARTMENT HEAD AND DIRECTOR, MAINTENANCE SERVICE DIVISION, CITY OF CORPUS CHRISTI: R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI: AND CHARLES SPEED, DIR- RECTOR OF PERSONNEL, CITY OF CORPUS CHRISTI, DEFENDANTS CIVIL ACTION NO. C-78-20 COMPROMISE SETTLEMENT AGREEMENT This agreement is by and between Rinalda Harshherger of Corpus Christi, Nueces County. Texas [hereinafter "Plaintiff"] and R. Marvin Townsend, City Manager of the City of Corpus Christi, Nueces County, Texas, and Charles Speed, Personnel Director of the City of Corpus Christi, Nueces County, Texas [hereinafter "Defendants"]. WHEREAS. Plaintiff instituted the above styled and numbered cause against Defendants seeking to recover monetary damages and declaratory and injunctive relief for Defendants' failure to provide Plaintiff with disability leave with pay under the City of Corpus Chrisiti Compensation and Classifica- tion Ordinance for an injury occurring to Plaintiff on or about May 15. 1975, and for Defendants' failure to promote Plaintiff to the "G" longevity pay step on the City of Corpus Christi's salary schedule; 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 said denial of dis- ability leave with pay and denial of step increase and intend that the full terms and conditions of the compromise and settlement be set forth in this compromise settlement agreement; • NOW, THEREFORE, in consideration of the mutual promises and agree- ments herein contained, including the recitals set forth hereinabove, the parties agree as follows: 1. Defendants agree to pay to Plaintiff the sum of five thousand dollars ($5,000.00) as disability leave with pay covering the periods of June 1, 1975, through December 31, 1976, and January 1, 1978, through April 16, 1979, such compensation to be credited at one hundred forty-two dollars and eighty-five cents ($142.85) per month during said periods; provided, however, that five percent (5%) of said amount, two hundred fifty dollars ($250.00), credited at seven dollars and fourteen cents ($7.14) per month, shall be paid to the Texas Municipal Retirement System for Plaintiff's con- tribution to such system for the aforementioned time periods. 2. Defendants agree to elevate Plaintiff to the "F" longevity pay step as set out in the City of Corpus Christi Compensation and Classifi- cation Ordinance, effective October 1, 1975, and to elevate Plaintiff to the "G" longevity step effective October 1. 1977. Such step increases, however, shall not entitle Plaintiff to any other compensation than the five thousand dollars ($5,000.00) to be paid to her under the terms of this compromise settlement agre-anent, such amount being the full monetary amount paid to Plaintiff in compromise and settlement of her claim in the above styled and numbered cause. 3. Plaintiff agrees to and hereby does resign and retire -from employment with the City of Corpus Christi effective April 17, 1979, by which date Plaintiff will have completed twenty-five (25) years service with the City of Corpus, Christi and will be eligible fora 25 year service retirement pension from the Texas Municipal Retirement System. 4. Plaintiff agrees with Defendants that an agreed judgment shall be submitted to the Court for entry in the above styled and numbered cause fully and finally dismissing Plaintiff's cause of action against De- fendants, with prejudice to the rights of Plaintiff to refile same or any part, and taxing costs against Defendants. Such agreed judgment, attached as Exhi- • bit A, is to be executed concurrently with this Compromise Settlement Agreement and submitted to the Court for entry as soon thereafter as the Court's schedule permits. 5. Based upon the consideration set out in this agreement, Plaintiff agrees to and hereby does release, acquit and forever discharge R. Marvin Townsend, individually and in his capacity as City Manager of the City of Corpus Christi; Charles Speed, individually and in his capacity as Personnel Director of the City of Corpus Christi; the estate, heirs, successors, and assigns of U.N. Scarborough, Jr.; the City of Corpus Christi, Texas; Archie W. Walker, individually and in his capacity as Assistant City Manager of the City of Corpus Christi, all other officials and employees of the City of .Cor- pus Christi; in their individual and official capacities; their agents, servants and employees; and all persons, natural or corporate, in privity 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 may arise hereafter, di- rectly or indirectly attributable to the above-described denial of disability leave with pay or denial of longevity pay step increase or denial of any other benefit or claim arising out of the May 15, 1975 injury except Workers' Com- pensation, in particular, but not limited to, claims attributable to denial of -disability leave with pay for the aforesaid periods of June 1, 1975, through December 31, 1976, and January 1, 1978, through April 16, 1979, it being in- tended to release all claims of any kind which Plaintiff might have against those hereby released, whether asserted in the above captioned suit or not. It is expressly agreed and admitted that the consideration received by Plain- tiff pursuant to this agreement and this agreement itself is for the benefit of all persons and parties, natural or corporate, released here`n. Any and all claims against persons or parties, natural or corporate, not specifically released herein, if any, are hereby assigned by Plaintiff in full to the per- sons and parties hereby released. 6. It is hereby expressly agreed by Plaintiff and Defendants that Plaintiff's Workers' Compensation claim based upon injuries suffered on or about May 15, 1975, is not released, and that the parties reserve all their rights pertaining to such claim. • 7. It is understood and agreed that this compromise settlement agreement shall be binding upon the parties and shall inure to the benefit of the parties, the persons and entities released, and their respective heirs, representatives, successors, and assigns. 8. It is understood and agreed that this compromise settlement agreement contains the entire agreement between the parties and supersedes any and all prior agreements. arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements. promises. or inducements contrary to the terms of this compromise settlement agreement exist. This compromise settlement agreement cannot be changed or terminated orally. 9. It is understood and agreed that this is a compromise of a doubtful disputed claim, and that nothing contained herein shall be construed as an admission of liability by or on behalf of Defendants, all such liability being expressly denied. 10. It is understood and agreed that this compromise settlement agreement shall be governed by, construed and enforced in accordance with, and subject to, the law of the State of Texas. 11. This compromise settlement agreement is contingent upon Plaintiff obtaining a longevity retirement pension from the Texas Municipal Retirement System. Plaintiff shall diligently apply for and take all steps necessary to obtain such pension. If Plaintiff should fail, after diligent efforts, to obtain a longevity pension this agreement shall be null and void, upon Plaintiff repaying all monies paid her under this agreement. 12. It is understood and agreed that this compromise settlement agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. IN WITNESS WHEREOF, The parties have executed this agreement on 72142-Le,q— ,LG, /979 Date Mo9Rinalda Harshberger, Plaintf Date R. Marvin Townsend, Defendant Date Charles Speed, Defendant • • STATE OF TEXAS [ COUNTY OF NUECES j BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared Rinalda Harshberaer, known to me as the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she has executed the same for the purposes and con- sideration therein expressed. GIVEN under my hand and seal of office, this A6day of i&t 4-, 197 Notary Public in and for s County, Texas h7/ANGh . STATE OF TEXAS . COUNTY OF NUECES BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared R. Marvin Townsend, known to me as the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he has executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this day of , 19 Notary Public in and for Nueces County, Texas STATE OF TEXAS II COUNTY OF NUECES 1 BEFORE ME,;t'he undersigned Notary Public in and for said County and State, on this day personally appeared Charles Speed, known to me as the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this day of , 19 Notary Public in and for Nueces County,eexas • • IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION RINALDA HARSHBERGER, • PLAINTIFF V. 14. N. SCARBOROUGH, JR., DEPART- MENT HEAD AND DIRECTOR, MAIN- TENANCE SERVICES DIVISION, CITY OF CORPUS CHRISTI: R. MARVIN TOW1SEND, CITY MANAGER, CITY OF CORPUS CHRISTI: AND CHARLES SPEED, DIRECTOR OF PERSONNEL, CITY OF CORPUS CHRISTI, DEFENDANTS JUDGMENT CIVIL ACTION NO. C-78-20 On the day of , 1979, came on to be heard the above -entitled and numbered cause, wherein Rinalda Harshberger is Plaintiff and R. Marvin Townsend, City Manager of the City of Corpus Christi, and Charles Speed, Director of Personnel of the City of Corpus Christi, are Defendants. Plaintiff appeared in her own behalf and Defen- dants through their attorney of record. The parties announced to the Court that all matters of fact and things in controversy between them have been fully and finally compromised and settled. The compromise settlement agreement was exhibited to and examined by the Court, and, based thereon, IT IS ORDERED, ADJUDGED, AND DECREED: 1. That Plaintiff Rinalda Harshberger have and recover from Defendants R. Marvin Townsend, City Manager for the City of Corpus Christi, and Charles Speed, Personnel Director of the City of Corpus Christi, the sum of Five Thousand Dollars ($5',000), constituting disability leave with pay under the Compensation and Classification Ordinance of the City of Corpus Christi, for the periods June 1, 1975, through December 31, 1976, and January 1, 1978, through April 16, 1979. such compensation to be cre- dited at one -hundred forty-two dollars and eighty-five cents ($142.85) pp. month during such periods; provided, however, that five percent (5%) of said amount, two hundred fifty dollars ($250.00),to be credited at seven dollars and fourteen cents ($7.14) per month, shall be paid by Defendant to the Texas Municipal Retirement System for Plaintiff's contribution to such System for the aforementioned time periods; 1 2. That Defendants shall elevate Plaintiff to the "F" longevity pay step as set out in the City of Corpus Christi Compensation and Classification Ordinance effective October 1, 1975, and shall elevate Plaintiff to the "G" longevity step effective October 1, 1977, provided that such step increases shall not entitle Plaintiff to monetary relief in addition to the Five Thousand Dollars ($5,000) awarded hereinabove. 3. That Plaintiff shall resign and retire from employment with the City of Corpus Christi effective April 17, 1979; 4. That. the orders in numbered paragraphs 1, 2 and 3 herein- above having been carried out prior to this date, Defendants R. Marvin Townsend, City Manager of the City of Corpus Christi, and Charles Speed, Personnel Director of the City of Corpus Christi, shall be and are fully and finally released. acquitted and discharged from all claims and causes of action whatsoever which Plaintiff has or may have in the future arising out of denial of disability leave for Plaintiff's injury occurring on or about May 15, 1975, arising out of denial of Plaintiff's increase to the "G" longevity salary step under the City of Corpus Christi Compensation and Classification Ordinance, and arising out of any other claim or cause of action stated in the above captioned and numbered cause. 5. That all relief not expressly granted herein is denied. 6. That all costs of Court are taxed against Defendants. 7. That this judgment shall be conditioned upon Plaintiff obtaining a pension from the Texas Municipal Retirement System, and shall not be final until that date. Signed this,— -day of , 1979.. b. S. District Judge APPROVED AS TO SUBSTANCE AND FORM: Rinalda Harshberger, Plaintiff J. Bruce Aycock, City Attorney James R. Bray, Assistant City Attorney • Attorney in Charge ' Attnrnp ,, fnr nofonrlantc i • Corpus• • _pChristi, Texas "� �D day of / i G/�. > 19 79 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. The Charter rule was suspended by he following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt • Tony Juarez, Jr. Edward L. Sample 111847 41, 40(