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Home My WebLink About1998-372ORDINANCE NO 7;� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ELLER MEDIA COMPANY IN FINAL SETTLEMENT OF LITIGATION STYLED ELLER MEDIA COMPANY V SIGN BOARD OF APPEALS OF THE CITY OF DENTON AND THE CITY OF DENTON, TEXAS, CASE NO 98-50138-367 FILED IN THE 367TH DISTRICT COURT OF DENTON COUNTY, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN ACCEPTING THE SETTLEMENT AND EXECUTING A RELEASE OF CLAIMS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SSECTION I. That in litigation styled Eller Media Company v Sign Board of Appeals of the City of Denton and the City of Denton, Texas, Case No 98-50138-367 filed in the 367`h Distnct Court of Denton County, the City Manager is authorized to execute the proposed Compromise Settlement Agreement between the City Of Denton and Eller Media Company, attached hereto and incorporated by reference herein, and authorized to execute a release of claims, in a form approved by the City Attorney SECTION II That this ordinance shall become effective immediately upon its passage and approval ,Q� % PASSED AND APPROVED this the 3 `— day of /U�l%e/%%6 , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L.P rOUTY, CTYY ATTORNEY B CAUSE NO 98-50138-367 ELLER MEDIA COMPANY § IN THE DISTRICT COURT OF V § § DENTON COUNTY, TEXAS SIGN BOARD OF APPEALS OF § THE CITY OF DENTON AND, THE CITY OF DENTON, TEXAS § 367T" JUDICIAL DISTRICT COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS That it is agreed by and between PLAINTIFF, Eller Media Company and the RELEASED PARTIES identified as Sign Board of Appeals of the City of Denton and 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 privity with any of them, as follows The RELEASED PARTIES will issue a sign permit to allow PLAINTIFF to repair the sign that is the subject of this litigation, as set forth herem In doing so, PLAINTIFF shall make repairs as reflected in the attached repair order No additional permitting fee shall be required of PLAINTIFF in connection with the granting of this permit 2 For and in consideration of the mutual agreements contained herein, PLAINTIFF, Eller Media Company, hereby fully releases, discharges, and acquits the RELEASED PARTIES, from, and agree that this settlement shall be in full and final satisfaction and compromise of all actions, causes of action, claims, 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, damage to reputation, taking Compromise Settlement Agreement Page I of 4 of property, attorney's fees, pre- and post judgement 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 said RELEASED PARTIES growing out of or in any way connected with the denials of said sign permit and appeal, all as more fully described in the pleadings on file herein, to which reference is made for more complete description PLAINTIFF also states that it has no pending or contemplated actions to challenge the wording of Section 33-95 of the City of Denton sign ordinance as it is currently written and will not make a facial challenge to its constitutionality of Section 33-95 with respect to application of Section 33-95 to the subject sign, but expressly reserves its right to challenge any subsequent activities of the RELEASED PARTIES in interpreting or seeking to enforce this provision 3 PLAINTIFF and the RELEASED PARTIES EACH hereby represent and warrant to each other and to the Court that no promises, representations or agreements not set out herein have been made to them, 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 damages and or legal liability therefor, that acceptance of the consideration set forth herem 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 Settlement & Release of All Claims is made of their own free will and accord after consulting with and acting upon the advice of their attorneys 4 FOR THE SAME CONSIDERATION, it is agreed that the above -styled Compromise Settlement Agreement Page 2 of 4 suit will be dismissed with prejudice to refiling the same, and that costs of court will be taxed to the party incurring the some Although originally drafted by attorneys for the RELEASED PARTIES, this Comprormse Settlement & Release of All Claims is a contract which is 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 Z day of 4b1a, , 1998 ELLER MEDIA COMPANY APPROVED Luis A Galmdo Attorney for PLAINTIFF THE STATE OF TEXAS COUNTY OF Tarra This ins rument was acknowledged before me on the 2 day of t JOVember 1999, by � EUp'>:e P LeeAa h E OFFICIALSEALIYNDA K MASSEY NOTARYPUSUC STATE OF TEXAS My Comm EXphs Sept 29 2001 ..,................ Notary'Public-State of Texas Comprotmse Settlement Agreement Page 3 of 4 My Commission Expires CITY OF DENTON, TEXAS BY 1 W Jez, anager r THE STATE OF TEXAS COUNTY OF DENTON ) ' This instrument was acknowledged before me on this day of 1998, by Michael W Jez, City Manager for the City of Denton, Texas Not Public -State of exas My Commission Expires ANNFORSYTHE „ Notary Public, State of Texas if 4 MY Commission Expires MAY 9, 2002 WWWWWOW Compromise Settlement Agreement Page 4 of 4 ID OCT 16'98 14 44 No 001 P 01 VLAN I wUNK UhUtH BUILD NO dUk+ WILD NU 10S _-_ ulul` T/D NO — r Cd DPnt011 _ I east No 30Jo Region l)F_ y_-- .. A r / PP ovcd__—� Losabor,--- 1435 Expwy-W/L—>Boti 914—F•M-1-173-- — n"i0isx Legal Prop Own( & Add —_ Bld/Lonv/ i I L PP Hl Io PM O,ilrm _ —Tax CoA9_5../395 Mkcooe 56 (mnty Code 55 ,uMlll_3_5 xpwy W L 8m► S/O FM 1179— n/r sl, 0401 C1,s, 11 — BUILD[] CONVERT IBM _ _ -_/1 Sir luM_ — —_ _-_/I BACKUP ❑ INCREMENTS ❑ IBM _ /1 oU (lass OCPT rTAGF INI UATC inelror.l,ons Rehutld One 12x25 Unit at location as described below rder telephone poles as descrIbpd, Use8 a1a- --.` ,..._-___'_R LRCALIST E RCP DIAGRAM nAll roriCMAN L�j.I L1. S 1 1 11 { ^ T 1_I. X 1 'r +;r'rI'.1:T:' I LI 111:1 "_C__• 1 f 1' I i •1 "I ?Y"Ih • II' I� 'I .1. 1J 1 r '- 11 T i I I I I I 1 <T ' rTi t - Tl it Clean up (1) 30-shoot panel, single face 11, Obtain (4) 30' wooden poles set in ground and 10 to deck ] 1 J Hang existing panel 11 r t Repair and replace catwalk rind walk arms xcavate holes to appropriate depth (approx /) ;.1J ; J a Sand and concrete In as required L I Clean up and replace light fixtures a m e I I T Ylt 7j7T kL ' TI till IIII 11' y'fl i— .T:; : I1 T'rr�l t "J ';r i I1 l �r ~�� jllr ��1'+1 i, u11 itl ll '.il+„ + ill'I 1'LII �I ICY 11' _+ti Jtw.r 1. i•a II.71 lilt 'illLJ it JI t,11 IIII �•'j 1l II rr1 r,7 [h r [I a I_ '1 Il r' 1',� �i I I, {I11,� , �I I I � , �1,ia t I I•l;r II' ill{ I ,7 i:. IIII 111I II' i',I �{tl i, I I '_II 11 'r: i I - { 'tdl?'LI irll 'aiT li I 71 i I I I rI I I1li I,'' liII ' '11 '1J I'I r 1, 1 I Ir i t ff:T 3 t I ,ll `i {all 1�'}Lrlij�. 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