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HomeMy WebLinkAbout1997-300ORDINANCE NO 1 `3O© AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN LITIGATION STYLED JOEL DARNELL PATTON AND NELDA JEAN PATTON V THE CITY OF PARIS THE CITY OF DENTON. AND THE CITY OF CORSICANA, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Compromise Settlement Agreement in litigation styled Joel Darnell Patton and Nelda Jean Patton v The City of Paris the City of Denton, and the City of Corsicana, providing for the settlement of this case, in an amount to be apportioned by the Defendants, with Denton's share not to exceed Thirty-five Thousand Dollars ($35,000 00), in substantial accordance with the terms of a Compromise Settlement Release of All Claims, executed in a form to be approved by the City Attorney SECTION II That the City Manager is authorized to make the expenditures as set forth in this ordinance SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of C,/CA94A ., , 1997 JACI IL R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY .� AP VED AS TO LEGALF HERBERT L PROUTY, CITY ATTORNEY m( e \d= IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS PARIS DIVISION JOEL DARNELL PATTON § Plaintiffs, § § VS § § THE CITY OF PARIS, § THE CITY OF DENTON, and § THE CITY OF CORSICANA § Defendants. § CIVIL ACTION NO. 3:96CV66 FULL AND FINAL RELEASE] COMPROMISE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS FULL AND FINAL RELEASE, COMPROMISE AND SETTLEMENT AGREEMENT is executed this day of 1997, by JOEL DARNELL PATTON, hereinafter referred to as the undersigned plaintiff, in favor of (1) the CITY OF DENTON, TEXAS and (2) any and all employees, agents, and/or elected representatives, past and present, of the City of Denton, hereinafter referred to either by name or as Releasees, and for the consideration expressed herein, the undersigned plaintiff does hereby agree as follows: I. For and in consideration of the total sum of Thirty-five Thousand and No/100 Dollars ($35,000), the receipt of which is hereby acknowledged and confessed, the undersigned plaintiff agrees to release, discharge and acquit Releasees of and from any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, and compensation growing out of, or arising from, the arrest and detention of the undersigned plaintiff during 1996 in FULL AND MAL PBLZUR, CCWPADNISY AND SSTTL®MNT AGFE@ONT - Page 1 Denton County and Navarro County, and any incidents related to the arrest and dentention, which incidents are more fully described in the pleadings on file in the above captioned lawsuit. II It is understood by the undersigned plaintiff that this is an unconditional, unqualified release, and also includes all claims, attorney's fees, or other expenses incurred by or on behalf of the undersigned plaintiff in connection with the filing and prosecution of the above mentioned lawsuit, including taxable court costs. It is further understood and agreed that the above described lawsuit will be dismissed with prejudice against same ever being refiled against any of the Releasees, as well as all claims which could have been alleged therein by amendment. The undersigned plaintiff gives full authority to his attorney to execute an Order of Dismissal With Prejudice or any other document required by the Court to effectuate the dismissal of this suit with prejudice. It is warranted, represented, and agreed by the undersigned plaintiff that the proceeds of this settlement shall be applied, to the extent necessary, to satisfy the subrogation interests of any insurer of plaintiff. The undersigned plaintiff expressly agrees to indemnify and hold harmless Releasees of and from any claim which any subrogee of the undersigned plaintiff might now or hereafter assert against the Releasees as a result of any expenses incurred by the undersigned plaintiff. FULL AND PIUM RBLBABB, COMPRONISS AND 96TTLBNBNT AORB&8NT - Page 2 IV. The undersigned plaintiff acknowledges that this Release and payment of the above mentioned consideration is not and does not constitute an admission of liability, but it is expressly agreed that liability is denied by Releasees, and that this is merely the compromise of a doubtful claim V. This Full And Final Release, Compromise And Settlement Agreement contains the entire agreement between the parties hereto, and the terms of this Full And Final Release, Compromise And Settlement Agreement are contractual and not mere recital. VI. It is agreed and stipulated to that this Agreement shall be construed under the laws of the State of Texas which are effective this date. VII. In making this agreement of compromise and settlement, the undersigned plaintiff has not relied upon any statement or representation pertaining to this matter made by the persons, associations, firms, organizations, or corporations which are hereby released, or by any person or persons representing them in any capacity. The undersigned plaintiff further states that he has carefully read the foregoing Full And Final Release, Compromise And Settlement Agreement, knows the contents thereof, and has signed same as his own free act. WHEREFORE, Joel D. Patton, with the intention of binding TOLL AND FXkhL RBLBABB, COMPRONIBB AND BBTTLBNBNT AMB@DRiT - Page 3 himself, his legal representatives, and assigns, expressly releases all claims, benefits, demands, or actions as specified herein. WITNESS THE SIGNATURE ANL 616( day of �'G1 Gn�XJG�� , 199 STATE OF TEXAS COUNTY OF �— FA BEFORE ME, the undersigned authority, a notary public in and for said county and state designated above, on this day personally appeared JOEL D. PATTON, known to me to be the person whose name is subscribed as indicated to the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and consideration therein expressed GIV N UNDER MY HAND AND SEAL OF OFFICE, this the L day of 1997. Nota ubl.�6 - State of Texas G. D:afid Smith Stat Bar No. 18596300 LAW OFFICE OF G. DAVID SMITH 4144 N. Central Expressway, Suite 1250 Dallas, Texas 75204 Telephone: (214) 823-6046 Telecopier: (214) 821-2560 ATTORNEY FOR PLAINTIFF BULL AND PXNAL RRLSASS, COMPR01286 AND SRTTLZMMNT AMRMaNT - Page 4 ,pr .° SHERRY ROBERTS o� °. Notary PTiO *®* STATE OF TEAS �° ur �`, My Commiealon Expl", 11.17.99 WOLFE, CLARK, HENDERSON & TIDWELL, L.L.P 123 North Crockett Street Suite 100 Sherman, Texas 75090 Telephone: (903) 868-1933 Telecopier: (903) 892-2397 amss Corley Vbnderson State Bar No. 09423500 ATTORNEYS FOR RELEASEES FULL AND BINAL RRLRAR®, C00®MUSS AND SZTTLMMNT AORRMUNT - Yaga S