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HomeMy WebLinkAbout15986 ORD - 01/21/1981JRB:jkh:1-16-81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT WITH ROBERT CORNELL AND ANITA CORNELL IN SETTLEMENT OF THREE COURT CASES, ALL AS MORE FULLY SET FORTH IN THE COMPROMISE SETTLEMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH 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 hereby is, authorized to execute a compromise settlement agreement with Robert Cornell and Anita Cornell to settle the following cases: Robert Cornell v. City of Corpus Christi, No. 79-4811-E, 148th District Court, Nueces County, Texas; Anita Cornell v. City of Corpus Christi, No. 26924-2, County Court -at -Law No. 2, Nueces County, Texas; and Robert Cornell v. City of Corpus Christi, Civil Action No. C-80-129, U. S. District Court, Southern District of Texas, Corpus Christi Division, for a total sum of Five Thousand Five Hundred Dollars ($5,500); of which Five Hundred Dollars ($500) will be paid by the Texas Municipal League Workers Compensation Fund, as more specifically set forth in the attached compromise settlement agreement, attached hereto as Exhibit "A". SECTION 2. The necessity to execute the compromise settlement agreement hereinabove described in order that matters in controversy may be resolved 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 exist, 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 theday of January, 1981. ATTEST: ( C ty Secretary APPROVED: ).-1 J. BRUC p By ssistant torney v' MICROULivai. SEP 2 71984• TH % TY OF CORPUS CHRISTI, TEXAS k J THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: COMPROMISE SETTLEMENT AGREEMENT This agreement is by and between Robert Cornell and Anita Cornell [hereinafter "Cornells"] and the City of Corpus Christi, Texas [hereinafter' "City"]. Cornells are residents of Nueces County, Texas. City is a home rule city under the laws of the State of Texas, located principally in Nueces County, Texas. Whereas Anita Cornell instituted an action as Plaintiff against City as Defendant styled Anita Cornell v. City of Corpus Christi, No. 26924-2, in the County Court at Law Number 2 of Nueces County, Texas, seeking damages and other relief for physical and emotional injuries allegedly inflicted upon her by a.former employee of City, l•I. N. Scarborough; and Whereas, Robert Cornell instituted an action as Plaintiff against City as Defendant styled Robert Cornell v. City of Corpus Christi, No. 79-4811-E, In The District Court, 148th Judicial District, Nueces County, Texas, seeking work- ers compensation benefits arising out of injuries alleged to have occurred on or about November 9, 1976, while in the course of his employment for City; and Whereas, Robert Cornell instituted an action as Plaintiff against City as Defendant styled Robert Cornell v. City of Corpus Christi, Civil Action No. C-80-129, in the United States District Court for the Southern District of Texas, Corpus Christi Division,seeking damages, declaratory judgment, injunction, attorneys' fees, and various other relief based upon alleged acts of discrimina- • tion on the basis of race, sex, religion and national origin by City against Robert Cornell; and Whereas, the allegations in said cases are set out with greater speci- ficity in the pleadings filed of record in said courts; and Whereas, bona fide disputes and controversies exist between the Cornells and the City, both as to liability and the amount thereof, if any, in the above cases, 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 Cornells have or may have in the future arising out of those matters alleged or which could have been alleged in the above cases, and said parties intend that the full terms and conditions of the compromise and settlement be set forth in this compromise settlement agreement; ir_ Now, Therefore, in consideration of the mutual promises and agree- ments herein contained, including the recitals set forth hereinabove, the Cornelis and the City agree as follows: 1. City agrees to pay Robert Cornell five hundred dollars ($500.00) in full'settlement of Robert Cornell v. City of Corpus Christi, No. 79-4811-E, in the District Court, 148th Judicial District, Nueces County, Texas. Robert Cornell and the City agree that an agreed judgment shall be submitted to the Court in said cause fully and finally dismissing Plaintiff's cause of action against Defendant, with prejudice to the right of Plaintiff to file or refile same or any part, each party to pay his own costs. Such agreed judgment, attached as Exhibit 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. Robert Cornell agrees to execute the affidavit attached to said agreed judgment. Robert Cornell hereby acknowledges receipt of said five hundred dollars ($500.00) concurrently with his execution of this agree- ment. 2. City agrees to pay to Robert Cornell and Anita Cornell jointly the total sum of five thousand dollars ($5,000.00) in full settlement of the two remaining cases described above, to wit: Anita Cornell v. City of Corpus Christi, No. 26924-2, in the County Court at Law Number 2 of Nueces County, Texas, and Robert Cornell v. City of Corpus Christi, Civil Action No. C-80-129, in the United States District Court for the Southern District of Texas, Corpus Christi Division. The Cornelis and the City agree that an agreed judgment shall be submitted to the appropriate court in each said cause fully and finally dismissing the Cor- nelis' causes of action against the City, with prejudice to the right of the Cornelis, both or either of them, to file or refile same or any part, each party to pay his own costs. Such agreed judgments, attached hereto as Exhibit B (County Court at Law case No. 26924-2) and Exhibit C (federal district court case No. C-80-129), are to be executed concurrently with this compromise settle- ment agreement, and submitted to the appropriate court for entry as soon there- after as the court's schedule permits. The Cornells hereby acknowledge receipt of said five thousand dollars ($5,000.00) concurrently with their execution of this agreement. 3. Based upon the consideration set out in this compromise settle- ment agreement, the Cornelis agree to and hereby release, acquit and forever - 2 - discharge the City, all of its officers, employees, servants, and agents, in their individual and official capacities, their agents, servants, and employees, all persons, natural or corporate, in privity with them, or any of them, and their heirs, devisees, representatives, successors, and assigns, from any and all claims or causes of action of any kind whatsoever, at common law; statu- tory, or otherwise, which the Cornelis have or might have, known or unknown, now existing or that may arise hereafter, directly or indirectly attributable to any of the facts or injuries alleged or which could have been alleged in the above-described cases, to wit: Robert Cornell v. City of Corpus Christi, No. 79-4811-E, in the District Court, 148th Judicial District, Nueces County, Texas, Anita Cornell v. City of Corpus Christi, No. 26924-2, in the County Court at Law Number 2 of Nueces County, Texas, and Robert Cornell v. City of Corpus Christi, Civil Action No. C-80-129, in the United States District Court for the Southern District of Texas, Corpus Christi Division, it being intended to release all claims of any kind which the Cornelis, either or both, might have against those hereby released, whether asserted in the above -captioned suits or not, in particular, but not limited to, any claim or cause of action whatsoever arising out of the employment of Robert Cornell by the City, or the failure of the City to hire, retain, promote, or grant any benefit whatsoever to Robert Cornell, or connected in any way, directly or indirectly, with such employment or failure to employ. It is expressly agreed and admitted that the consideration received by the Cornelis pursuant to this agreement, the total sum of five thousand five hundred dollars ($5,500.00), and this agreement itself, are for the benefit of all persons and parties, natural or corporate, released herein. Any and all claims against persons or parties, natural or corporate, not specifically or effectively released herein, if any, are hereby assigned by the Cornelis in full to the City. 4. It is understood and agreed that this compromise settlement agree- ment shall be binding upon the parties and shall inure to the benefit of the parties, the persons and entities released, and their respective heirs, repre- sentatives, successors, and assigns. 5. It is understood and agreed that this compromise settlement agree- ment 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 induce- -3- ments contrary to the terms of this compromise settlement agreement exist. This compromise settlement agreement cannot be changed or terminated orally. 6. 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 admis- sion of liability for or on behalf of the City, all such liability being expressly. and categorically denied. 7. It is understood and agreed that this compromise settlement agree- ment shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas. 8. It -is understood and agreed that this compromise settlement agree- ment may be executed in two identical counterparts, each of which shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties have executed this agreement on Date City of Corpus Christi by R. Marvin Townsend, City Manager Date Date Robert Cornell Anita Cornell THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned Notary Public in and for said County and State, an this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, known to me as the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the City of Corpus Christi for the purposes and con- sideration therein expressed. GIVEN under my hand and seal of office, this day of January, 1981. Notary Public in and for Nueces County, Texas My Commission Expires: - 4 - THE STATE OF TEXAS COUNTY OF NUECES § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared Robert Cornell, 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 January, 1981. Notary Public in and for Nueces County, Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared Anita Cornell, known to me as the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that she has executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this day of January, 1981. Notary Public in and for Nueces County, Texas My Commission Expires: Page 5 of 5 Pages (Compromise Settlement Agreement Between Cornells and City) NO. 79-4811-E ROBERT CORNELL VS. CITY OF CORPUS CHRISTI JUDGMENT IN THE DISTRICT COURT 148TH JUDICIAL DISTRICT NUECES COUNTY, TEXAS On this the day of , came on to be heard the above -styled and numbered cause, and all parties appeared and announced ready for trial, and, having waived a jury, the parties announced to the Court that all matters and things in controversy herein have been settled and compromised by agreement, under the terms of which, Plaintiff to have and recover five hundred dollars ($500.00) from the Defendant, City of Corpus Christi, and each party will pay his own Court costs; and all other relief prayed for by any party hereto is denied, and the liability of Defen- dant, City of Corpus Christi, for the furnishing of past, current or future medical aid, hospital services and nursing services, which may have been or may be required arising out of the injuries alleged by the Plaintiff to have occurred on or about November 9, 1976, shall be fully settled and foreclosed; and the Court, having heard the pleadings, said agreement and the evidence adduced thereon, including evidence in connection with the liability of Defen- dant, and finding that this suit is a suit in which Plaintiff seeks compensa- tion for injuries alleged by him to have been received in Nueces County, Texas, on the 9th day of November, 1976, while in the course of his employment for the City of Corpus Christi; and the Court, being of the opinion that the liability of Defendant and the extent and nature of Plaintiff's injuries are, alike, un- certain, indefinite and incapable of being satisfactorily established, and that said agreement is fair, just and reasonable, is of the opinion that said agree- ment should be approved and judgment entered in accordance therewith; IT IS THEREFORE ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That-Plaintiff,have and recover five hundred dollars ($500.00) from Defendant, City of Corpus Christi and all other relief prayed for by any party hereto is denied. 2. That the agreement of the parties that the City of Corpus Christi will not be responsible for any past or future medical bills incurred as a result of the injuries made the basis of this suit, and shall not have any Exhibit "A" further liability for medical aid, hospital services or nursing services, as a result of the injuries for which compensation is here sought, be and the same is hereby approved by the Court, and it is ORDERED that the Plaintiff do have and recover naught as to past or future medical aid; 3. That each party shall pay its own costs; and 4. That any and all other relief prayed for by any party to this cause, be and the same is hereby denied. And it appearing to the Court that the Defendant, City of Corpus Christi, has heretofore paid five hundred dollars ($500.00) to the Plaintiff and his said attorney of record, it is ORDERED that no execution may issue hereon, except for costs of this suit. SIGNED and ENTERED this _ day of , 1981. Judge Presiding APPROVED AS TO SUBSTANCE AND FORM: Herbert Hawkins Attorney for Plaintiff James F. McKibben, Jr. Attorney for Defendant THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Robert Cornell, who, being by me duly sworn, on oath deposed and stated: "My name is Robert Cornell; I live in Corpus Christi, Nueces County, Texas. I am the Plaintiff in Cause No. 79-4811-E, on the docket of the 148th Judicial District Court of Nueces County, Texas, said cause being styled Robert Cornell vs. City of Corpus Christi. This suit is a workers' compensa- tion case. This workers' compensation case arises out of an injury I received on or about the 9th day of November, 1976, while working for the City of Corpus Christi. I have employed Herbert Hawkins, Attorney at Law, to file my claim with the Industrial Accident Board. Relying upon my own judgment, upon the advice of my attorney, and upon such medical advice as I feel to be reliable, I have decided to settle my workmen's compensation claim on the basis that I will be paid five hundred dollars ($500.00) by the City of Corpus Christi and each party will pay their own court costs. I have also agreed and fully understand that the City of Corpus Christi is paying five hundred dollars ($500.00) in settlement of my claim to avoid the expense of trial and that its agreement to pay such amount does not constitute an admission of liability. I also understand that the City of Corpus Christi will not pay for any medical treatment incurred by me in the past or in the future as a result of any injuries alleged as a basis for this suit, and that this settlement will close all other claims which I have or may have in the future for medical expenses, whether incurred in the past or to be incurred in the future. I understand that I cannot collect any more workers' compensation if this settlement is approved by the Court nor will the City of Corpus Christi be responsible for the payment of any medical aid, hospital services, nursing, chiropractor services, or other bills incurred for treatment of the injuries sustained by me, or any other condition which may have been caused by the injury which I received on November 9, 1976, other than as provided for above. I have not been promised anything in addition to the payment of said five hundred dollars ($500.00) to induce the settlement of this claim by the City of Corpus Christi, and I am entering into this settlement of my own free will and under no coercion whatsoever." Robert Cornell SWORN TO AND SUBSCRIBED BEFORE ME by the said Robert Cornell this _ day of , 1981, to certify which witness my hand and seal of office. Notary Public in and for Nueces County, Texas My Commission Expires: NO. 26924-2 ANITA CORNELL IN THE COUNTY COURT V• AT LAW NUMBER 2 CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS JUDGMENT On this day of , 1981, came on to be heard the above -styled and numbered cause, wherein Anita Cornell is Plaintiff and the City of Corpus Christi, Texas, is Defendant. Anita Cornell and the City of Corpus Christi appeared, by and through their attorneys of record, and announced to the Court that all matters and things in controversy between them have been fully and finally compromised and settled upon the terms of the compromise settle- ment agreement attached hereto. Said compromise settlement has been considered by the Court, and it appearing that said agreement is fair, just and reasonable, the Court is of the opinion that said agreement should be approved and judgment entered in accordance therewith; It is therefore, ORDERED, ADJUDGED AND DECREED: 1. That Plaintiff have and recover from Defendant City of Corpus Christi, jointly with her husband Robert Cornell, the sum of five thousand dollars ($5,000.00) in full and final settlement of this cause of action and Robert Cornell vs. City of Corpus Christi, Civil Action No. C-80-129, In the United States District Court for the Southern District of Texas, Corpus Christi Division, said five thousand dollars ($5,000.00) to be the full amount recover- able for both cases combined; 2. That the City of Corpus Christi shall be and is fully and finally released, acquitted and discharged from all claims or causes of action whatso- ever which Plaintiff has or may have in the future arising out of or connected with the alleged negligent and intentional acts resulting in the alleged emo- tional and physical injuries made the basis of this lawsuit; 3. That all relief not expressly granted herein is denied; 4. That each party shall pay her or its own costs. And it appearing to the Court that the Defendant has heretofore paid monies to Plaintiff in accordance with this judgment, it is ORDERED that no execution may issue hereon, except for costs of suit. Signed and Entered this day of , 1981. Judge Presiding Exhibit "B" APPROVED AS TO SUBSTANCE AND FORM: Herbert Hawkins Attorney for Plaintiff Anita Cornell J. Bruce Aycock Ken Fields, Assistant City Attorney For Defendant City of Corpus Christi IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ROBERT CORNELL VS. $ CIVIL ACTION C-80-129 CITY OF CORPUS CHRISTI JUDGMENT On this day of , 1981, came on to be heard the above -styled and numbered cause, wherein Robert Cornell is Plaintiff and the City of Corpus Christi, Texas, is Defendant. Robert Cornell and the City of Corpus Christi appeared, by and through their attorneys of record, and announced to the Court that all matters and things in controversy between them have been fully and finally compromised and settled upon the terms of the compromise settlement agreement attached hereto. Said compromise settlement agreement has been considered by the Court, and it appearing that said agreement is fair, just and reasonable, the Court is of the opinion that said agreement should be approved and judgment entered in accordance therewith; It is therefore ORDERED, ADJUDGED AND DECREED: 1. That Plaintiff have and recover from Defendant City of Corpus Christi, jointly with his wife Anita Conell, the sum of five thousand dollars ($5,000.00) in full and final settlement of this cause of action and Anita Cornell v. City of Corpus Christi, No. 26924-2, in the County Court at Law Number 2 of Nueces County, Texas, said five thousand dollars ($5,000.00) to be the full amount recoverable for both cases combined; 2. That the City of Corpus Christi shall be and is fully and finally released, acquitted and discharged from all claims or causes of action whatso- ever which Plaintiff has or may have in the future arising out of or connected with alleged employment discrimination on the basis of race, sex, religion, national origin or other impermissible classification by Defendant against Plaintiff; 3. That all relief not expressly granted herein is denied; 4. That each party shall pay his own costs; Exhibit "C" 1 And it appearing to the Court that the Defendant has heretofore paid monies to Plaintiff in accordance with this judgment, it is ORDERED that no execution may issue hereon, except for costs of suit. Signed and Entered this day of , 1981. U.S. District Judge APPROVED AS TO SUBSTANCE AND FORM: Herbert Hawkins, Attorney in Charge For Plaintiff Robert Cornell J. Bruce Aycock, City Attorney R. Bray, Assistant Citi! f ttorney Attey in Charge For Defendant City of Corpushristi Corpus Christi Texas day of , 19p 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. Respectfully, ' THE CI w OF CORPUS CHRISTI, TEXAS The Charter rule was suspend -d by the following vote: Luther Jones ' Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky was passed by the following vote: 3`86