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Home My WebLink About2001-468ORDINANCE NO DD /- 0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL RELEASE OF ALL CLAIMS IN LITIGATION STYLED MUNICIPAL ADMINISTRATIVE SERVICES, INC V CITY OF DENTON, CAUSE NO 99- 50263-367, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council hereby approves the Mutual Release of All Claims in litigation styled Municipal Administrative Services, Inc v City of Denton, Cause No 99-50263- 367, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute said Release on behalf of the City SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 0a &R&4, ' 2001 e"" EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY ff"ITY, a I MR, APPROVED AS TO LEGAL FORM HERBERT L PR-QI=. CITY ATTORNEY m S\Our Dm enbOrdmv"s\01M ralenae doe CAUSE NO 99-50263-367 MUNICIPAL ADMINISTRATIVE § IN THE DISTRICT COURT SERVICES, INC § VS § OF DENTON COUNTY, TEXAS CITY OF DENTON § 367T" DISTRICT COURT MUTUAL RELEASE OF ALL CLAIMS It is hereby agreed between Plaintiff in the above -styled and numbered cause, Municipal Administrative Services, Inc (MAS), acting by and through its duly authorized representative, and Defendant, City of Denton (Denton), acting by and through its duly authorized representative, as follows 1 In or about 1987 MAS and Denton entered into a contract for MAS to perform a franchise compliance audit to determine whether General Telephone Company was complying with the terms of its franchise agreement with Denton In 1999 MAS brought suit against the City of Denton based upon claims ansing out of said contract and work performed by MAS for the City of Denton The City of Denton counterclaimed for payment of money paid by Denton to MAS in connection with said contract Reference is made to the pleadings and papers on file in this suit for a more complete description of the events 2 The above -styled case was tried and a judgment was rendered The Court of Appeals reversed and remanded said judgment MAS and Denton have determined that neither wishes to pursue their respective claims further in this matter 3 Denton hereby fully releases, discharges, and acquits MAS from all actions, claims, and demands, including, but not limited to, claims for money paid, breach of any express or implied contract, quantum meruit, illegality, voidness of contract, lost profits, attorneys' fees, court costs, pre- and post -judgment interest, and all other claims, causes of action, and damages, MUTUAL RELEASE OF ALL CLAIMS PAGE 1 AUSUBPEM 1" 15401(IMI54_I DOC) whether known or unknown and whether heretofore asserted or not, owned or possessed by Denton against MAS growing out of or in any way connected with the contract, or work performed by MAS for Denton, or any event or agreement which occurred prior to the date of this release 4 MAS hereby fully releases, discharges, and acquits Denton from all actions, claims, and demands, including, but not limited to, claims for money paid, breach of any express or implied contract, quantum mermt, illegality, voidness of contract, lost profits, attorneys' fees, court costs, pre- and post -judgment interest, and all other claims, causes of action, and damages, whether known or unknown and whether heretofore asserted or not, owned or possessed by MAS against Denton growing out of or in any way connected with the contract, or work performed by MAS for Denton, or any event or agreement which occurred prior to the date of this release 5 MAS and Denton hereby represent and warrant to each other that no promises, representations, or agreements not set out herein have been made to each other, and that this Mutual 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 any damages and/or legal liability therefor, that acceptance of this Mutual Release is a full accord and satisfaction of disputed claims 6 It is further agreed that the above -styled suit will be dismissed with prejudice to refilmg the same, and that costs of court will be taxed to the party incurring the same 7 This Mutual Release of All Claims is a contract which 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 MUTUAL RELEASE OF ALL CLAIMS PAVE 2 AUSLIBIIBFF144154 01(144154_I DOC) strongly for or against either party This document contains the entire agreement of the parties hereto THE PROVISIONS OF THIS MUTUAL RELEASE OF ALL CLAIMS ARE CONTRACTUAL AND NOT MERE RECITALS WITNESS OUR HANDS this - -Zq- day of ut, , 2001. A?�a GeorgeWhite President, Municipal Administrative Services, Inc (CORPORATE SEA:.) STATE OF TEXAS COUNTY OF �2iglc, This instrument was acknowledged before me on the Z4 day of i `UV4,m))T r 2001, by George T White, President of Municipal Administrative Services, Inc, a TEXAS (state of incorporation) corporation, on behalf of said corporation MAPoANN FIELDS 1,^'Notary Public State of Texas Notary Public, State of a October is9� Mayor, City of Denton ATTEST (_ / nab �� / (SEAL) C y Secretary MUTUAL RELEASE OF ALL CLAIMS AUSUBII M]4415401(144154_I DOC) PAGE 3 STATE OF TEXAS COUNTY OF DENTON This Instrument � was acknowledged before me on the �/ day of q6A.--, �/A 2001, by &" {��(1( ✓ as Mayor of the City of Denton ALTERSlag] e DfTexaa E 20029, MUTUAL RELEASE OF ALL CLAIMS AUSLIBI YR14415401(14415A 1DOC) �. 7 _ ,_ ' �_�.� Vl,ff�'Piillfic-, Stat� of Texas PAGE