R-83-583 - 2/9/1983■
RESOLUTION NO .3731?
WHEREAS, Linda Haggstrom filed suit in U.S. Federal
District Court against Oscar Eugene Collier, the City of Round
Rock, and present and former councilmembers, 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 desire to compromise and settle all claims and
causes of action of any kind whatsoever, and
WHEREAS, a Compromise Settlement Agreement and
Release has been prepared which the Council has reviewed and
wishes to approve, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute
on behalf of the City, the Compromise Settlement Agreement
and Release a copy of which is attached hereto as Exhibit "A"
and incorporated herein for all purposes.
RESOLVED this 9th day of FebrugFy, 1983.
ATTEST:
LARRY L. TON , Mayor
City of Round Rock, Texas
Attorneys at law, A Professional Corporation, 1100 Guadalupe, Austin, Texas 78701, (512) 476-4873
Mr. Steve Sheets
City Attorney
Round Rock, Texas
1111 N. IH35, Suite 208
Round Rock, Texas 78664
Dear Mr. Sheets:
MSD /jk
Encls: 3
Minton, Burton, Foster & Collins
February 2, 1984
RE: Haggstrom vs. Collier, et al.
FEB 3 REm
Enclosed please find the original of the Compromise
Settlement Agreement and copies of the Stipulation of Dismissal
and the Order of Dismissal in the above mentioned cause.
Please have the Mayor and City Council sign the Compromise
Settlement Agreement and return all originals to me. I felt it
was best for all the Defendants to have a compromise settlement
agreement for their protection, although I do not believe it is
necessary to file it with the Court.
I have received a check from the insurance company for
$1,500.00 so I will await a check from the City for $1,100.00.
Please call me if you have any questions.
Sincerely,
Martha S. Dickie
LINDA HAGGSTROM,
Plaintiff
VS.
OSCAR COLLIER, et al,
Defendants
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
§ CIVIL ACTION NO. A -83 -CA -007
5
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is by and between Linda Haggstrom,
individually, of Round Rock, Texas, hereinafter referred to as
Plaintiff; and Oscar Eugene Collier, former Police Chief, Round
Rock, Texas; Larry Tonn, Mayor, City of Round Rock, Texas; Mike
Robinson, Councilmember, City of Round Rock, Texas; Pete
Correa, Councilmember, City of Round Rock, Texas; Hank Hester,
Councilmember, City of Round Rock, Texas; Bill Burgan,
Councilmember, City of Round Rock, Texas; Tom Lopez,
Councilmember, City of Round Rock, Texas; Steve Pena,
Councilmember, City of Round Rock, Texas; Mike Hielengenstien,
Councilmember, City of Round Rock, Texas; Graham Howell,
Councilmember, City of Round Rock, Texas; Trudy Lee,
Councilmember, City of Round Rock, Texas; and Joe Baker,
Councilmember, City of Round Rock, Texas, and in their official
and individual capacities, and all of whom are hereinafter
referred to as Defendants:
WHEREAS, Plaintiff claims that she was subject to
harassment by Oscar Eugene Collier over a three year period
commencing in October, 1979 while she was an employee of the
City of Round Rock, and that said harassment caused her actual
damages and mental pain and suffering; and
WHEREAS the Plaintiff filed the above styled and numbered
cause seeking judgment against Defendants; 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
such occurrences 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 agreements herein contained, including the recitals set
forth hereinabove, the parties agree to as follows:
1. Defendants agree to pay Plaintiff the total of
$2600.00.
2. Defendant Collier agrees to tender to Plaintiff a
letter of apology.
3. In exchange therefore, Plaintiff hereby releases
Defendants from all claims, demands and causes of action
whatsoever, known or unknown, past, present, or future, arising
out of her employment by the City of Round Rock and the
complaints specified in Plaintiff's First Amended Complaint.
4. It is understood and agreed that this compromise
settlement agreement shall be binding upon and inure to the
benefit of the parties and their respective heirs,
representatives, successors, and assigns.
5. It is understood and agreed that this compromise
settlement agreement contains the entire agreement between the
parties and supercedes 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.
6. It is understood and agreed that this is a compromise
of a doubtful and 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.
7. It is understood and agreed that this compromise
settlement agreement shall be governed by, construed and
enforced in accordance with, and subject to, the laws of the
United States of America.
8. 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.
this agreement on the day of
1984.
IN WITNESS WHEREOF, the following parties have executed
OSCAR EUGENE COLLIER
LARRY TONN, MAYOR
MIKE ROBINSON, COUNCILMEMBER
PETE CORREA, COUNCILMEMBER
HANK HESTER, COUNCILMEMBER
BILL BURGAN, COUNCILMEMBER
TOM LOPEZ, COUNCILMEMBER
STEVE PENA, COUNCILMEMBER
MIKE HIELENGENSTEIN,
COUNCILMEMBER
GRAHAM HOWELL, COUNCILMEMBER
TRUDY LEE, COUNCILMEMBER
JOE BAKER, COUNCILMEMBER
ACKNOWLEDGEMENTS
Before me, the undersigned notary public, on this day
personally appeared OSCAR EUGENE COLLIER, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
OSCAR EUGENE COLLIER
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared LARRY TONN, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on Oath that he executed said instrument for
the purpose and considerations therein expressed.
LARRY TONN
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared MIKE ROBINSON, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
, MIKE ROBINSON
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared PETE CORREA, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
PETE CORREA
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared HANK HESTER, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
HANK HESTER
SUBSCRIBED TO AND SWORN before me this day of
• 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared BILL BURGAN, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
BILL BURGAN
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared TOM LOPEZ, known to me to be the person
whose name is subscribed to the foregoing instrument and -
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
TOM LOPEZ
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared STEVE PENA, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
STEVE PENA
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared MIKE HIELENGENSTEIN, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
MIKE HIELENGENSTEIN
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared GRAHAM HOWELL, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
GRAHAM HOWELL
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared TRUDY LEE, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that she executed said instrument
for the purpose and considerations therein expressed.
TRUDY LEE
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
Before me, the undersigned notary public, on this day
personally appeared JOE BAKER, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that he executed said instrument for
the purpose and considerations therein expressed.
JOE BAKER
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
IN WITNESS WHEREOF, the following person has executed this
agreement on the day of , 1984.
LINDA HAGGSTROM
Before me, the undersigned notary public, on this day
personally appeared LINDA HAGGSTROM, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me on oath that she executed said instrument
for the purpose and considerations therein expressed.
LINDA HAGGSTROM
SUBSCRIBED TO AND SWORN before me this day of
, 1984.
Notary Public in and for
The State of Texas
LINDA HAGGSTROM, §
Plaintiff §
§
VS. §
§
§
§
STIPULATION OF DISMISSAL
TO THE HONORABLE JUDGE OF SAID COURT: •
In accordance with Fed.R.Civ.P. 41(a)(1)(ii), Plaintiff,
Linda Haggstrom, and Defendants Oscar Eugene Collier, Larry
Tonn, Mike Robinson, Pete Correa, Hank Hester, Bill Burgan,
Tom Lopez, Steve Pena, Mike Hielengenstien, Graham Howell,
Trudy.Lee, and Joe Baker, and in their official and individual
capacities hereby stipulate and agree that this cause shall be
dismissed by the entry of the Order of Dismissal of All Claims
with Prejudice in the form attached as Exhibit "A" to this
Stipulation.
OSCAR COLLIER, et al,
Defendants
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
Respectfully submitted:
MINTON, BURTON, FOSTER & COLLINS
1100 Guadalupe Street
Austin, Texas 78701
Phone: (512) 476 -4873
BY
C3VIL ACTION NO. A -83 -CA -007
MARTHA S. DICKIE
State Bar No. 05833100
Attorney for Oscar Eugene Collier
BROWN, MARONEY, ROSE, BARBER
& DYE
1300 American Bank Tower
Austin, Texas 78701
Phone: (512) 472 -5456
BY
BY
RICHARD MCCARROLL
State Bar No.
Attorney for Mayor Larry Tonn and
Councilmembers
LAW OFFICES OF JACK F. COOK, JR.
Suite 302, Jefferson Building
1600 West 38th Street
Austin, Texas 78731
Phone: (512) 451 -7541
SUSAN DASHER
State Bar No.
Attorney for Linda Haggstrom
LINDA HAGGSTROM,
Plaintiff
VS.
OSCAR COLLIER, et al,
Defendants
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
Q
S
F
CIVIL ACTION NO. A -83 -CA -007
ORDER OF DISMISSAL OF ALL CLAIMS WITH PREJUDICE
On the day of , 1984, the Stipulation
of Dismissal was presented to this Court. In accordance with
this Stipulation of Dismissal, it is hereby ORDERED, ADJUDGED,
AND DECREED as follows:
(1) That all of the claims which Plaintiff Linda Haggstrom
has asserted or which she might have asserted in this lawsuit
against Oscar Eugene Collier, Larry Tonn, Mike
Robinson, Pete Correa, Hank Hester, Bill Burgan, Tom Lopez,
Steve Pena, Mike Hielengenstien, Graham Howell, Trudy Lee, and
Joe Baker are hereby DISMISSED WITH PREJUDICE to the right of
Plaintiff to assert them before this or any other Court;
(2) That costs herein shall be borne by the Defendants as
named above;
(3) That all relief not herein specifically granted is
DENIED.
SIGNED on the day of , 1984.
JUDGE PRESIDING
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