HomeMy WebLinkAbout1989-0742708L
AN ORDINANCE OF THE CITY
AND COMPROMISE AGREEMENT
AN EFFECTIVE DATE
OF DENTON, TEXAS, APPROVING A SETTLEMENT
WITH PATSY DANIELS, AND PROVIDING FOR
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Compromise Settlement and
Release of All Claims Agreement between the City of Denton and
Patsy Daniels, providing for the settlement and compromise of the
claim now pending between the parties is approved in accordance
with its terms, and the City Manager is authorized to execute the
agreement and all other documents comply
mdmakletrhetheyments terms n said
take
such action as is necessary PlY
agreement
SECTION II That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the l�day of , 1989
RAY STE ENS MAYOR
ATTEST
J I ELER , CITY SECRETARY
A ROVEDASTO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
41J i . /ice. _
2042L
THE STATE OF TEXAS S COMPROMISE SETTLEMENT
AND RELEASE OF ALL CLAIMS
COUNTY OF DENTON S
For and in consideration of the sum of Thirty Thousand
Dollars ($30,000) in hand paid this day in cash, the receipt and
sufficiency of which is hereby acknowledged, Patsy Daniels does
hereby release, acquit and forever discharge the City of Denton,
Texas and all other persons, firms or cootsttamwhether
named
em
herein or not, Keith Smith, his agents, ploYees
mbers
and insurors, all and each of them, of and from any and all
actions, causes of action, claims (including subrogation claims),
and demands, damages, costs, loss of services,
outexpeof nses
and
com-
pensation on account of or in any way growing
ail
personal injuries, pain and suffering, grief, bereavement, loss
of consortium and companionship, mental anguish, loss of earning
capacity and property damage, whether known or unknown and
whether heretofore asserted or not, resulting or to result 89from
the collision which occurred on or about January 24,
in
which, I do hereby agree to indemnify and save harmless the said
City of Denton, Texas of and from all further claims, singcu� couding
the
subrogation claims, demands, costs or expenses
rlresult of said
injuries and damages sustained by thenasa
incident
The undersigned understands and agrees that the amount paid
under this agreement is in full satisfaction for all damages
arising on account of the above described incident
and that undersigned agreesshe
will receive no further sums of moneyre
to
not assert or prosecute any Whether claimsor o lawsureinits
otherwise
against anyone whomsoever,
named, described or identified Any and all claima�e ahereby
gainst
parties not specifically released herein, if any,
assigned in full to the parties hereby released
It is expressly understood and agreed that Patsy Daniels has
already paid or will pay out of the aforementioned sum of Thirty
Thousand Dollars ($30,000) all medical, doctors' and hospital
and
thatgtheyewille defend, e indemnify past r Land beincurred
charmless thefuture
fe said City
of Denton, Texas and Keith Smith and all other persons, firms or
ms
or such
corprations,nd rom
n nder1thefT Texas Hospital Lienespecially
Law
It is expressly warranted by Patsy Daniels that no promise or
inducement has been offered except as herein set forth, that this
Release is executed without reliance upon any statement or repre-
sentation of any person or parties released or their representa-
tives, 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 for which liability is expressly denied
This document contains the entire agreement of the parties
hereto The provisions of this release are contractual and not
mere recitals
WITNESS my hand this day of
1989
Patsy aniels
qj4pV1 Harrell
THE STATE OF TEXAS 5
COUNTY OF DALLAS S
This instr}}ment was acknowlpdged before me by Patsy Daniels
on this the 1 day of 1989
a LINDA NOUSDEN
NOTARY PUBLIC STAGE OF ]TtEWrMFCom *nExomA%NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires oZ 9
THE STATE OF TEXAS S
COUNTY OF DENTON S
On this /J4/ day of June, 1989, before me, the undersigned
Notary Public, personally appeared Lloyd V Harrell, personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument as
City Manager of the City of Denton, Texas, on behalf of the
Municipal Corporation therein named and acknowledged to me that
the corporation executed it
WITNESS my hand and official seal
------------------------
LINDA MOUSDEN
NOTARY PUBLIC, STATE OF TEIlAS
SmyCemma nExpasAug 211991 NOT Y PUBLIC, STATE OF TEXAS
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