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HomeMy WebLinkAbout1999-368ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND WILTON RAINEY IN FINAL SETTLEMENT OF LITIGATION STYLED WILTON RAINEY V CITY OF DENTON AND RANDYA LEAVELL, CASE NO 99-20152-158 FILED IN THE 158T" DISTRICT COURT OF DENTON COUNTY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That in litigation styled Wilton Rainey v City of Denton and Randy A Leavell, Case No 99-20152-158 filed in the 158`h District Court of Denton County, the City Manager is authorized to execute the proposed Compromise Settlement Agreement between the City of Denton and Wilton Ramey, attached hereto and incorporated by reference herein SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Settlement Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 6�&-kt) , 1999 JACK6jktER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY CAUSE NO 99-20152-158 WILTON RAINEY, § IN THE DISTRICT COURT Plaintiff § V § 158TI JUDICIAL DISTRICT CITY OF DENTON AND § RANDY A LEAVELL, § Defendants § DENTON COUNTY, TEXAS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS That it is agreed by and between PLAINTIFF, Wilton Rainey, and the RELEASED PARTIES identified as the City of Denton, Texas, and its past, present, and future officers, elected officials, employees, agents, and attorneys (all in both their official and individual capacities), and their respective insurers, and those in pnvity with any of them, and Randy A Leavell, and his family members, employees, agents, insurers, and attorneys, and those in privity with any of them, as follows 1 The City of Denton, Texas will pay to PLAINTIFF the total aggregate sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000), and will also require Randy A Leavell to undergo additional sensitivity training within the next six (6) months as a condition of his employment by the City of Denton, Texas, the receipt and sufficiency of such consideration being hereby acknowledged 2 For and in consideration of said payment, PLAINTIFF, Wilton Rainey, hereby fully releases, discharges, and acquits the RELEASED PARTIES, from, and agrees that the sum so paid shall be in full and final satisfaction and compromise of all actions, causes of action, claims (including subrogation claims, claims for contribution or indemnity as to money paid in connection with this settlement, claims under the survival of actions statute Tex Civ Prac & Rem Code §71 021, etc), and demands, on account of or in any way growing out of any and all negligence, intentional misconduct, violation of Constitutional or statutory rights, conspiracies, breach of any duty of good faith and fair dealing, death, personal injuries, damage to reputation, pain and suffering, gnef, bereavement, loss of consortium, loss of companionship, damage to familial relationship, mental anguish, psychic injury, loss of earning capacity, loss of household services, loss of wages, loss of profits, loss of money, damage to property, taking of property, attorneys fees, pre- and post judgment interest, and all other causes of action and damages whether known or unknown and whether heretofore asserted or not, owned or possessed by PLAINTIFF against any of said RELEASED PARTIES growing out of or in any way connected with the incident which occurred on or about February 28, 1998, all as more fully described in the pleadings on file herein, to which reference is made for more complete description, any events or litigation connected with or growing out of said incident or this settlement, or any event which occurred prior to the date of this settlement PLAINTIFF does hereby agree to indemnify and save harmless the said RELEASED PARTIES of and from all further claims, demands, costs, or expenses arising out of any injuries and damages sustained by Plaintiff or by any of his respective natural or adoptive family members or relatives, as a result of said incident, any of the events connected with, or growing out of, said incident or this settlement, or any event which occurred prior to the date of this settlement 3 PLAINTIFF understands and agrees that the amount paid under this agreement is in full satisfaction of all injuries and damages ansing on account of the above described events and that he will receive no further sums of money therefrom PLAINTIFF agrees to not assert or prosecute any further claims or lawsuits therefor against anyone whomsoever, whether or not herein or otherwise named, described or identified Any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 2 4 Further, PLAINTIFF expressly warrants that there are no outstanding unpaid hospital liens, medical insurance subrogation claims, or property damage subrogation claims, and it is expressly understood and agreed that PLAINTIFF has already paid or will pay out of the aforementioned sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000) all property damages and medical, doctors' and hospital charges received in the past or to be incurred in the future, and that PLAINTIFF will defend, indemnify, and hold harmless the said RELEASED PARTIES, of and from the payment of such subrogation claims and hospital liens (especially with reference to any liens under the Texas Hospital Lien Law) 5 PLAINTIFF expressly warrants that his spouse, if he has one, has not suffered any loss of consortium as a result of the events in question or PLAINTIFF'S alleged injuries and damages PLAINTIFF also expressly warrants that no member of his family has suffered any psychic injury, mental anguish and/or damage to the familial relationship as a result of the events in question or as a result of PLAINTIFF'S alleged damages and injuries PLAINTIFF agrees to defend, hold harmless and indemnify the RELEASED PARTIES from the payment, and for the defense, including, expenses, and reasonable attorney's fees, of any and all such claims for loss of consortium, psychic injury, mental anguish and/or damage to the familial relationship 6 PLAINTIFF hereby represents and warrants to the RELEASED PARTIES and to the Court that no promises, representations or agreements not set out herein have been made to him, that this Compromise Settlement & Release of All Claims is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefore, that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim, which is incapable of being exactly determined, and for which liability is expressly denied, and that this Compromise COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 3 Settlement & Release of All Claims is made of lus own free will and accord after consulting with and acting upon the advice of his attorneys 7 The parties agree that neither PLAINTIFF nor the RELEASED PARTIES shall release, publish, or otherwise make known to third parties the terms of this Agreement, unless required by a court of competent jurisdiction or the Texas Attorney General, or unless otherwise required by law 8 FOR THE SAME CONSIDERATION, it is agreed that the above -styled suit will be dismissed with prejudice to refiling the same, and that costs of court will be taxed to the City of Denton, Texas 9 Although originally drafted by attorneys for the City of Denton, Texas, this Compromise Settlement & Release of All Claims is a contract wluch is the product of negotiations between the parties and attorneys for the parties and which shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against either party This document contains the entire agreement of the parties hereto THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE CONTRACTUAL AND NOT MERE RECITALS WITNESS OUR HANDS this 1A day of o d (/- ,1999 i�mey pAPPROVED IVY1' ktL�' Attorney for PLAINTIFF COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 4 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ day of ,1999, by Wilton Rainey Notary Public -State of Texas My Commission Expires CITY OF DENTON, TEXAS )J2�a'jv. '' 'rMi ael W Jez, Ccor Lager for City of DXton, Texas THE STATE OV TEXAS FY OF DENTON ) This instrument was acknowledged before me on the z&nay of 1999, by Michael W Jez Im RSYTHE, Stets of TexneleelonSrylree9, 2002 My Commission Expires F 1heredW� Ow OowmrnmV.tl,Bm,onWineYkeadoc COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAMS PAGE 5