Ordinance No. 6,345920917 -1
ORDINANCE NO. 6345
AN ORDINANCE APPROVING PAYMENT OF A SUM REFLECTED IN THE
ATTACHED EXHIBIT "A" WHICH HAS BEEN DEEMED CONFIDENTIAL
BY COURT ORDER TO SETTLE LOUIS MARTINEZ VS. THE CITY OF
BAYTOWN.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Louis Martinez filed two lawsuits against the City
of Baytown, Cause Number H -88 -4228, in the U.S. District Court
for the Southern District of Texas, Houston Division and Cause
No. 90- 44184, 127th Judicial District Court, Harris County,
Texas; and
WHEREAS, the parties to these suits have agreed to a
settlement of these disputes, whereby the City of Baytown will
pay to the Plaintiff and his Attorneys a sum reflected in the
attached Exhibit "A" which has been deemed confidential by Court
order; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City of Baytown agrees to pay to Louis
Martinez and his Attorneys, Bruce A. Coane and Fritz Barnett, a
sum reflected in the attached Exhibit "A" which has been deemed
confidential by Court order solely to settle disputed claims. In
authorizing this settlement, City Council does not acknowledge or
admit to any liability.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 17th day of
September, 1992.
BOBBY REDILLE, M or
ATTEST:
EILEEN P. HALL, City Clerk
•
ACIO RAMIREZ, , City Attorney
C:1:27 :6
IN THE UNITED STATES DISTRICT COURT
FOR TM SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LOUIS MARTDI=
PlainliM
VS. $ C. A. NO. H-86. =
CITY OF BAYTOWN, f
Defendant.
NO. 90-044184
LOUIS MARTD= f IN TIC DISTRICT COURT OF
Plaintiff
f
VS. I HARRIS COUNTY, T E X A S
f
CITY OF BAY MWN,
Defendant. f 127TH RMICAL DISTRICT
REM4M MM CONTRACr OF
1. 'Ibe parties to this Release and Contract of Settlement (tbe "Agri
are Louis Martinea ("Msrdnea ") and the aty of Baytown, Texas (the uty*), couecdvely
referred to w the "Parties."
2. The Parties have bees ended in the litigation styled Louis Mwdna v.
City► of Bayrtasns, Torus, C.A. No. H- 884228, in the United States District Court for the
Southern District of Texas, Houston Division and Cause No. 90044184, In the 127th
Judicial District Court of Harris County, Texas (the "I.ftip don'). The City has expressly
s
B(HIBTT A
• to Martinez whatsoever for any of the
denied, and continues to deny any liability
charges asserted in the Litigation or otherwise. Nevertheless, mindful of the cost and
eecpenn associated with continued Litigation in federal and state court, the Parties have
agreed to compromise and settle the Litigation an the terms set out in this Agreement.
3. For the mutual consideration expressed in this Agreement, the Parties
have agreed to the following term:;
(a) The Parties have agreed to dismiss the Iitipion with Prejudice
pursuant to agreed stipulations and orders of dismissal in the
forms attached as Exbibdts "A -V "A -V "B -1," and %-2";
(b) The City shalt pay to Louis Martinez and his counsel, Fritz Barnett
of the law firm of Glickman and Barnett, jointly, the sum of
in lull and complete settlement of any and all claims
that Mardass has Asserted, or could have asserted, arising out of
his employmaoat or tarmination by this City. Of that sum, the
amount of �@W be paid and app�ed to Martinez in
resolution of his claims for racial discrimination under the Civil
Righq Act of 1991 and dim nation in C.A. No. H4W-
422B, and the sum of be paid and apportioned to
Mardnez in resolution of his claims for mental anguish and
emotional harm damages;
(e) 7U parties agree that they want to buy their peace, avoid fiiture
litigation, resolve all poteatial dispute:, and separate their
relations cm2plet* and for all time. Mardnez therefore agrees
that he shall not In the flnture reapply to the city for emPloymOnt
in any eapadty and that the City shall have no obligation to rehire
Martiaez for employment in any capacity and, if Martinez
breaches this obligation, he waives any rights to sue for any refusal
by the City to rehire him, covenants not to sue for such refusal,
and releases the City from any claims of any nature arising front
any refusal by the City to rehire Mr. Martinez;
(d) The City agrees that it &hall respond to any request for
employment references regarding Louis Martinez by providing a
neutral reference. In addition, the City agrees to provide to Louis
• Martinez a letter signed by the City Manager which contains the
following statement:
dGn , r .
0
Lour Martinez was employed by the City of
Baytown from Augtut 1968 to February 1987.
During that time he served ae a heavy equipment
operator and was cited for meritorious service to the
City. in February 19879 W. Martinez left the City to
recnpatata from a phydcal itury he nuteined while
on the job for the City. At the time of his departure
from the City, Mr. Martinez was well- regarded as an
experiaaeed beavy equipment operator.
(e) The parties agree to be responsWe for their own attorneys fees
hicurred in eomaction with the Litigadan. Martinea expressly
waives nay claim to seek attorneys fees under 42 V.S.C. 1 1988,
the Rehabilitation Act, or any other federal or state authority;
(f) The Parties agree to bear their own costs of court in CA No. H-
M 4228; the City agrees to bear the taxable court costs in Cause
No. 90-044184;
(g) The terms of this Agreement shall be held in the strictest
cmLidence and all Parties, their counsel, their witnesses, and all of
their agents, servants, employees, and others in privity or acting in
concert with them d" be ordered to keep the term of this
Agreement confidential, in accordance with the tern of this
Agreement and an Order of the 127th Judicial District Court of
Harris County, Texas in the form attached as Bxhibit 'B -7.
4. For the mutual consideration expressed in this Agreement, Martinez
hereby agrees to release, acquit, forever discharge and indemoifjr and hold harmless the
City, all of its public offWals, whether elected or appointed, all of its agents, employees,
servants, attorneys, off1mc successors in interest, and all of their respective heirs,
exeeator, administrator, successors and assigns of and from any and all causes of
action- claims, liabilities, demands, of whatever nature, known or unlmawn, Put,
present, or future, whether contractual,statutory or in tort, or otherwise, which Martinez
has now or may have is the future, whether arising out of or conntctcd in any manner
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With MardmWs physical condition, his relationship. transactions or dealings with the
City, or his employment or termination by the City or otherwise, including but not
limited to (1) any claims arising out of any personal injuries suffered on the job at the
City or physical disability; (2) any claims arising out of the handling or payment of
Plaintiff': worker's oompensatic m claims; (3) the termination of Plaintiff's employMM;
(4) any clam concerning employment benefits; (S) any breach of contract claim; (b)
any claims arising out of MOWS future ability to work for any person or employer;
() any existing or future common law, statutes, evil rights, or tadonal claims
bated on his past employment by the City or any future requests for employment by the
City; (8) any existing or future claims under the Federal Rehabilitation Act or the
Americans With Disabilities Act of 19W, (9) any tort claims of any nature; and (10) all
claims that have been or that could have been asserted in the Utisatioa, to which
reference is expressly main It is expreWy agreed and understood that this release
applies not only to all claims presently asserted against the City but also to any and all
other claims and causes of action that Martinez has or may have against any of the
persons or entities hereby released including any claims for injuries or damages of kind
that at this time are unbwwn and uaantidpated but that may develop in the future
except for any claims for future medical expenses incurred before October 249 1993
pursuant to that certain Compromise Settlement Agreement signed on October 27,1987
in connection with Martinees workers compensation claim for an on-the-job accident
on December 31, 1986.
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y.h.l. 1 r
S. Martinez represents that he has been fully advised by the counsel of his
dxmft regarding the mead and effect of this Agreement, that he relies wholly upon
his own judgment, belief and knowledge of the nature and extent of the damages
al epd and the Nobility questions involved in the Litigation, and covenants that he has
not been in& moed to any extent whatsomr or ind000d to enter this Agreement in
reliance upon any summem pie or rep esamU m of the City or any of the other
pew hereby released. Martinez further represents and warrants that:
(a) He has not conveyed, transferred, assigned. Pledges or otherwise
Wm0a � rights in his claim esWpW to his crnmse
Barnett of the law firm of Glickman do Barnett and Bruce Coane of the
law fine of Coane tit Associates, all of whose interests are being
completely released and discharged by this Agnm uent;
(b) There are no outstanding hospital or medical bills relating to any injury
stable diready or indirectly to the claims in the Litigation, and mo
statutory or common law liens exist to secure payment for any such
(c) Martinez has no outstanding child support obligations, and no liens exist
to segue payment for any Such expenses;
(d) He r fay nsultadonnt with his counsel re thet mmeeavi" amend �
after Rill
of this Agreement and all of its terms:
(e) He shall be solely responsible for any and all federal, state and local tax
aa40s1a -Ikm es that result from his receipt of the settlement hinds paid in
accordance with this Agreement and the apportionment of those funds set
out in Paragraph 3(b).
6. As a condition to this settlement, a settlement hearing "be held before
Judge 5harolyn Wood in which this Agreement shall be read to Mardnez and Martinez
• •S.
JGNI v-
•
must @mrm under oath that all his questions shoat it have been WSWOred, that he
understands it, and that be COMM to it.
7. no PUd" SV= and aokoowledge that thff shall jointly request that the
Court order that the qWM terms of this Settkatiet AVvenunt are to be kept
cwfidentIal and that, all parties shall not discuss, disclose, or reveal the teed& terms
of this settlement, iaduding the hat or amount of the monetary pgynmt to be made
under shit Agreement to any person other than Martinces spouse or counsel and the
anthorased representatim of the City and that they shall hum thm Mn- Mardnez and
the City's authorised rcpMMMtkn, respecdvely, maintain the ° en of the
terms of this settlement IU parch+ further agree, howem, that it shall not be a
violation of the confidentiality provisions of this Agroung kr RuY of the Parties to
disclose that the case bas been settled to the mutual satiahation of all parties or words
to that effect.
L It is further eacpressly uadentood that by entering into this Agreement, the
aty makas no adzrdsgion of any liability of any sort to Martinez, which liability is
expressly denied. Instead, this Agreement represents a ihll and complete settlement of
any and all disputes among the Parties, to resolve once and for all every disputed claim
that Mud= has "lofted or could assert against the City or the released parties. This
Agreement represents the complete agreement of the Parties and the City has not
agreed to do or omit to do anything not expressly net forth in this Agreement.
g, Ibis Agreement shall be governed by the law of the State of Texas.
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S4ped on the , day of September, 1942.
Long.
THE STATE OF TEXAS ¢
I
COUNTY OF HARRIS #
This im=ment was admoawledged before me on the _ day of
1992, by Louts Martinez.
Notary Public in and for
The State of Texas
My corondssion Expim:
THE CPTY OF BAYTOWN, TEXAS
ame•
Title:
THE STATE OF TEXAS I
I
COUNTY OF HARRIS 4
BEFORE ME, the undersigned authority, on this day personally appeared
of the City of Raytown, Taxes, known to me to
be the person whose name is subscribed to the foregaing instrument and acknowledged
to me that he executed the same on behalf of the City of Baytown, Taxes and that he
bas executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
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• GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1992.
Notary Public MR for
Mn State of Teas
My Commission Expires:
GUCKMAN A BARNETT
By,:
tt
1001 Fannin Street, Suite 1460
Houston, Teams 77002 -6708
(713) 658.1122
(713) 658.0925 (fax)
SEWS LL A RIGGS,
A Protenional Corporation
W.
Bury Abrams
Harvey G. Brows
800 Three Allen Canter
333 Clay Avenue, Suite 800
Houston, Texas 77002
(713) 652,8700
(713) 652480$ (fax)
COUNSEL FOR DEFENDANT
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