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Home My WebLink About24-1235ORDINANCENO. 24-1235 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASE IMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED “ KEISFLA KIMBROUGH v. CITY OF DENTON; “ CAUSE NO. 24-4150-481, PENDING IN THE 481ST JUDICIAL DISTRICT COURT, DENTON COUNTY, TEXAS; AND DIRECTING THE CITY MANAGER OR DESIGNEE AND THE CITY’S ATTORNEYS TO EFFECTUATE AS NECESSARY AND APPROPRIATE THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE TO EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby ratifies and approves the proposed settlement of litigation styled “Keisha Kimbrough v. City of Denton; “ Cause No. 24-4150-481, pending in the 481st Judicial District Court, Denton County, Texas, under terms set forth in the attached Settlement Agreement and Release. SECTION 2. The City Manager or designee and the City’s Attorneys are hereby authorized to act on the City’s behalf in approving and executing any and all documents necessary or appropriate to effectuate the terms of the settlement, and to take other actions necessary to finalize the settlement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve,this ordinance was made by Br\ h_ B,Lk and seconded by Jot RbI th_, J . This Ordinance was passed and approved by the following vote U - L] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:-Z / ,/ / L/ \/ L/ Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the r & t" d,y of Ju,..._2024 GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY C/al„'bn ,M„da- APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY. PUb& CP. dA72vHh EXHIBIT “A” Settlement Agreement and Release CAUSE NO. 2+415b481 g IN THE DiSTRICr COURT g 6 § t g § CITY OF DENTON. g g Defendant. § DENTON COU]VFY, TEXAS coMPROMISE SETTLEMENT AGREEMENT AND RELEA$E KEISHA KTNrBROUGH Plaintiff, 481’t JUDICIAL DISTRICT STATE OF TEXAS COUNTY OF DENTON ) ) ) KNOW ALL MEN BY THESE PREsnqTS : 1. That I, Julie Wolf, the undelsigned authorized representative ofKeisba Kimbrougb (hereinafter the ''PlaintifF) for and in consideration of the sum of TWENTY-FIVE THOUSAND DOLLARS AND 00/100 ($25,000.00) cash paid to Plaintiff and Wolf Law, PLLC, by the City of Denton (hereinafter the “City”), the receipt of which is hereby acknowledged, do by these presents acknowledge the full and complete settlement of Plaintiffs claim(s) against the City, and hereby release and forever discharge the City, from any and all damages sustained by Plaintiff resulting from thc automobile accident on or about August 17, 2022, at or near Denton, Texas, which allegations are set out more fully in the Plaintiffs Original Petition in this matter filed in the 48 1 " Judicial District Coun in Denton County, Texas. 2. It is the intention of the undersigned to acknowledge the satisfaction in full of all damages of any nature whatsoever which have occurred to the Plaintiff as a result of the above described accident, whether Fully developed at this time or not. It is understood that tIle I considerations stated cover the contingency of a greater or lesser damage to the Plaintiff, whether known or unknown at this time, fully developed or otherwise. 3. The undersigned must deliver settlement payment to Wolf Law, PLLC, 12222 Merit Drive, Suite 1200, Dallas, Texas 75251 - within three weeks of receipt of the original fully executed Agreement to the Office of the City Attorney, 215 E. McKinney, Denton, Texas 76201_ To be considered fully executed, the Agreernent must be signed and da fed by the City’s npresmtative before a notary public, signed and dated by the City’s legal counsel, signed and dated by a representative of Wolf Law, PLLC, and signed and dated by Plaintiff before a notaIy public. 4. PlaintifFwam8nts and represents that she is the sole owner of the claims and causes of action asserted and such claims have not been further assigned, saId, pledged or otherwise encumbered in any way. 5. It is further understood that this settlement is a compromise of a disputed claim, and that payment is not to be construed as an admission of liability on the part of the City and its officers, agents, or employees by whom liability is expressly denied. 6. For the aforesaid consideration, Plaintiff further agrees to dismiss with prejudice Cause No. 24-4150481, pending in the 481*1 District Court in Denton County, Texas, styled Keisha Ki mt)rough y City of Denton ”. All claims Plaintiff has in such suit being hereby released by the undersigned as authorized representative ofPlaintifl 7. It is undel-stood and agreed that this Re]ease contains the entire agreement between the parties and supersedes any and all prior agreements, alrangelnents. or understandings between the parties relating to the subjeci matter. No oral understandings, statenlents, promises Ol l inducements contrary to the terms of this Release exists. This ReI%se cannot be changed or terminated OTally. 8. in making this agHemart of compromise and settlement, Plaintiff has not relied upon any statemart or representation pertaining to this matter made by the persons, firms, organizations or corporations who are hereby released, or by any person or pusons representing them. 9. It is understood and agreed that this Release shall be binding upon and inure to the benefit of the partia and their respective heirs, representatives, successors and assigns. 10. It is understood and agreed that this Release shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas. II . It is understood and agreed that this Release may be executed in a number of identical counterpans, each of which shan be deemed an original for all purposes. 12. The undersigned, further states that in entering into this Settlement Agreement and Release, she has re] icd upon the legal advice of her attorney, who is the attorney of her own choice, and that the terms of this Settlement Agreement have been completely read and explained to the undersigned by her attorney and that the terms are fully understood and voluntarily accepted by the undusigned. :MM&Date of Signature: e)gl 30/ aOIR !BEFORE ME, the undersigned authority, on this day personally appeared biS}la KiWIbl}M , who is known to me to be the person whose name is subscribed to the forggoiug instnrrnenl who is personally known by ale or by providing q)L as qualifying identification. Glvm{ UNDER MY HAND ANDMay _. 2024. SEAL OF OFFICE THIS a DAY OF %W Notary Pute of Texas APPROVED AS TO LEGAL FORM JULIE WOLF, ATrORNEY FOR PLAINTIFF B Y ; n Mi (yE1JLIIb•F##) 4 A Notary PubIIc, State of Comm. Expiras Q7-30-2027 Notary ID 130334079 DEFENDANT SIGNATURE: CITY OF DENTON, TEXAS SIGNATURE Date of Signature AGER Texas BEFORE ME, the undersigned authority, on this day personally appeared Sara Hensley, known to me to be the person whose name is subscribed to the foregoing instrument, who is personally known to me or by providing _ _ _ as qualifying identification. XxV" T “T=Z:~' ;="' '' '":“ ’'' 3(c– ’”* ''. MRBALEnT€n! My key D#r31mat aug APPROVED AS TO LEGAL FORM MACK RFnfw ANn CITY AmORNEY By. Z>&HIb C+ @e+Z& Devin Q. Alexander