R92-19 06-01-92 RESOLUTION NO. R92-19
A RESOLUTION AUTHORIZING AND APPROVING A COMPROMISE AND
SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND,
TEXAS AND JAMES L. HODGES; APPROPRIATING THE AMOUNT OF
$11,8§0.00 FROM THE FUND BALANCE OF THE GENERAL FUND FOR THE
PURPOSE OF PAYMENT.
WHEREAS, Claimant has heretofore made a claim for On-Call Pay
against the City of Pearland for times and in the manner set forth in
that claim; and
WHEREAS, a dispute has arisen between Claimant and City of
Pearland as to payment of that claim; and
WHEREAS, the City and the Claimant have agreed to compromise and
settle their dispute in accordance with that certain Compromise and
Settlement Agreement, incorporated herein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
~ That certain Compromise and Settlement Agreement, a
facsimile of which is annexed hereto, designated Exhibit "A" hereof,
and incorporated herein for all purposes, by and between JAMES L.
HODGES and CITY OF PEARLAND for the disposition of HODGES' claim for
On-Call Pay, is hereby authorized and approved.
~ The Mayor is hereby authorized to execute and the
City Secretary to attest the original of the annexed agreement and
counterparts thereof.
~ There is hereby appropriated the sum of $11,850.00
from the Fund Balance of the General Fund for the purpose of discharg-
ing the City's obligations pursuant to the annexed agreement, and the
appropriate officers of the City are authorized to draw against these
funds to pay and discharge the City's obligations attendant thereto.
PASSED, APPROVED and ADOPTED this the / day of
A. D., 1992.
C. V. CO1/PI4~GER /
MAYOR
ATTEST:
PAT JONES
CITY SECRET~ARY
APPROVED AS ~0 FORM:
LESTER O. RORICK
CITY ATTORNEY
EXHIBIT "A"
COMPROMISE AND SETTLEMENT AGREEMENT/RELEASE
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This COMPROMISE AND SETTLEMENT AGREEMENT/RELEASE is made by and
between JAMES L. HODGES, hereinafter called "CLAIMANT" and CITY OF
PEARLAND, TEXAS, a Texas Home Rule City.
WHEREAS, Claimant has heretofore filed a written claim against
the City of Pearland for the purpose of receiving "On-Call Pay"
pursuant to Section 5. 7 (B) of City of Pearland Personnel Ordinance
No. 456-1, "The Settled Matters" ; and,
WHEREAS, City of Pearland has heretofore expressly denied
liability for "The Settled Matters" ; and,
WHEREAS, the Parties hereby agree and acknowledge that it is in
their mutual best interest to work out a compromise and settlement of
the matters in dispute; and,
WHEREAS, this Agreement is to be construed liberally so as to
affect the fullest possible release of City of Pearland and each
Claimant, one from another.
NOW THEREFORE, KNOW ALL MEN AND WOMEN BY THESE PRESENTS:
In consideration of the rights, obligations and payment described
in this Agreement, Claimants agree to settle and waive against City
of Pearland its property, whether real, personal, mixed, tangible or
intangible, any and all past, present or future disputes, claims,
demands, obligations, actions, causes of action, rights, injuries,
losses, damages of any kind or character, including actual and
punitive damages, liabilities, costs, expenses and compensation of
.
' 1, , ,1 _\
. ..• " n . . .
. , . .
every nature whatsoever, including attorneys' fees, whether based in
contract, tort, or some other theory of recovery, whether arising by
virtue of statute, common law, or otherwise, and whether for actual or
punitive damages, which Claimants have now, or which may hereafter
accrue or otherwise be acquired, and which Claimants could sue for now
or at any time in the future, whether matured or unmatured, liquidated
or unliquidated, vested or contingent, and whether presently known,
unknown or become known in the future, except for any cause of action
based on breach of this Agreement, on account of, arising from, re-
sulting from, relating to, or in any way growing out of, or which are
the subject of, or could, may, or might, have been brought as a part
of or in connection with the Settled Matters.
It is specifically agreed that this is an unqualified,
unconditional general release of all possible claims and causes of
action of every kind and character and is to be interpreted liberally
to effectuate its intent.
CONSIDERATION
The consideration for this Agreement is as follows:
(a) the sum of $11, 850.00;
(b) the settlement, waiver, and release effectuated by this
Agreement;
(c) the agreement of Claimants to the terms of an amendment to
Ordinance No. 456-1 and specifically an amendment thereto
which would have the effect of subjecting all claims for
overtime, whether for on-call pay or otherwise, to the
mandates of State and Federal law;
2
•
•
•
•
• •
•
. r
(d) a settlement, waiver, and release of all Claimants similarly
entitled to on-call pay and an agreement to indemnify and
hold harmless the City of Pearland, it successors and
assigns, and each other, including an obligation to defend
should there be other Claimants for on-call pay during
periods of time compromised and settled by City of Pearland
in favor of this Claimant.
REPRESENTATION OF THE PARTIES
Each Claimant warrants and upon oath states that he/she is the
sole owner and holder of the matters waived, settled and released by
this Agreement, and that same have not been assigned in whole or in
part to any other person or entity. To the extent any claims or
causes of action owned by Claimants against City of Pearland are not
specifically released, settled or waived in this Agreement, if any,
same are hereby assigned in full to City of Pearland for the consider-
ation described in this Agreement.
Each of the Parties warrants that he/she has all requisite
authority to enter into and execute this Agreement, and that upon
execution, this Agreement will be fully effective as between the
Parties.
The Parties warrant that they have carefully read and fully
understand this Agreement, that they have further consulted with an
attorney of their own choosing as to its force and effect, that in
deciding to waive, settle, and release their claims and to execute
this Agreement, each has relied solely upon their own judgment, and
has consulted with their attorney, whom they have selected, that no
3
•
•
.;;;Ij .1'4i1'.._i_- l'1.1'.....71�•,-- 1 TPr' _.,', 4,:'_.,e�•,+
t
•
•
•
.
(411 rim)
inducements other than the consideration recited in this Agreement
have been made to any party by any other party on behalf of the
Parties, and that they now execute it voluntarily and with full under-
standing of its force and effect.
Claimants represent that this document and its supporting
materials have been executed and submitted for the purpose of
receiving compensation.
Claimants, on oath or affirmation, represent that the allegations
of this release and supporting documents are true and correct.
Each Claimant represents under oath that no persons other than
Claimant is/are entitled to compensation for on-call pay during times
and for periods requested by Claimant.
Each Claimant represents that he/she has been fully informed in
the nature of the Agreement made hereby and that he/she further has
been fully informed that his/her execution of this instrument is
secured in part by his/her agreement to waive any existing contrac-
tual rights he/she may have by reason of Ordinance No. 456-1 ,
generally and specifically as it pertains to on-call pay.
Each Claimant agrees hereby to indemnify and save harmless the
City of Pearland and its successors and assigns and each other Claim-
ant from any claims for on-call pay during times and periods of which
Claimant is hereby compensated.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between the
Parties. The Parties acknowledge that they execute this Agreement
without reliance upon custom, course of dealing, or other agreements
or statements by one another or by third parties.
4
,
• : c . .
_} .
•
- �' �l .I • .•• -� : '_l -. -I( . • to
The interpretation and enforcement of this Agreement shall be
governed solely by the laws of the State of Texas, including its
conflict of law rules. It is further agreed that in the event of any
dispute over this Agreement or the Settled Matters, venue is
conclusively agreed to be proper in any State or Federal Court of
competent jurisdiction situated.
Should any provision of this Agreement be held unenforceable,
illegal or invalid under the laws of the United States of America or
the State of Texas or under any other applicable laws of any other
jurisdiction, then the Parties hereto agree that such provision shall
be deemed modified for purpose of performance of this Agreement in
such jurisdiction to the extent necessary to render it lawful and
enforceable; or if such a modification is not possible without
materially altering the intention of the Parties hereto, then such
provision shall be severed herefrom for purpose of performance of this
Agreement in such jurisdiction. The validity of the remaining
provisions of this Agreement shall not be affected by any such
modification or severance. The Parties intend that this Agreement be
given the interpretation most appropriate for enforcing the validity
of the agreement contemplated in this Agreement.
The section heading contained herein are for the purpose of
convenience only, and shall not be deemed to constitute a substantive
part of this Agreement or to affect the meaning or interpretation of
this Agreement in any way.
All references in this Agreement to the masculine, feminine, or
neuter genders shall, where appropriate, be deemed to include all
5
, •
1 { ,
•
.
.. t: ' ,
`.. - t' I
other genders. All plurals used in this Agreement shall, where
appropriate, be deemed to be singular, and vice versa.
This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. This Agreement shall be
binding when one or more counterparts hereof, individually or taken
together, shall bear the signatures of the Parties reflected hereon as
signatories.
The Parties have executed this Agreement effective on the /
day of92,7,,A—.1 , 1992.
CITY OF PEARLAND: JAMES L. IlDIP'
BY: ( //‘
C. V. COP I , MAYO
THE STATE OF TEXAS p
COUNTY OF BRAZORIA 1
BEFORE ME, the undersigned authority, on this day personally
appeared JAMES L. HODGES, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the / day of
t _v , 1992.
0000000000000000c000cc0000a00000
Q•i" '° PATSY JONES
Notary Public,Stato at Tens NOTARY IN AND FOR
al" My Commission Expires 05-29-1904 THE TA OF TEXAS
0011100000x0000000000000:30000
6
THE STATE OF TEXAS 1
COUNTY OF BRAZORIA 1
BEFORE ME, the undersigned authority, on this day personally
appeared C. V. COPPINGER, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the / day of
9V- -p—e...- , 1992.
c00000000e00000000000000c0000000
$ PATSY.ZONES ,,, „ „ /
+� • Notary Puhiic,State of Texas NOTARY P I IN AND FOR
My Commission Expires 05.29-1994 THE AT OF TEXAS
c0000rzoozoocteoccooccocaccooac000
f
e t '
(411.1) ACKNOWLEDGMENT
I certify that the amount owed to me for being on call for the four
year period between November 16, .1987 and November .19, 1991 is
CLAIMANT AMOUNT "! SIGNATURE . .
Anderson K.
Anderson P.
Caballero J.J. 9 34,./.04 411_1, Cezewz...
Colson W. kg Z Of ....--------
Cuna R. 3 4W; Po •/ 1011:-..Areir _AWAIRIllo_ b-
Hodges J. A702 ,7
Jones D. 1.241/418 _a WI 7
-4,57xiifiarar
Lowery K. 9 9, -2-/ IIIVAI
1. 6 . 1.
/
‘---•
.
.Rosser C.
Walter R. `7122- igt, / /'/. teicabl
1
Alvarado R. ;, , ...i.,;. . ,, IP.2'1 o S. a • .
f•
,r Cowan cf1(eq-6' ( ' .
J. ,
: •
.g
Johnson M. 5-6-e, - f .
Wagner S. $ 027 i/e. is
_
•
\