1998-372AN 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 367TM 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
~ That in htlgatton styled Eller Me&a Company v Stgn Board of Appeals of the
Ctty of Denton and the Ctt~ of Denton, Texas, Case No 98-50138-367 filed in the 367th D~slrtct
Court of Denton County, the C~ty Manager ~s authorized to execute the proposed Compromise
Settlement Agreement between the C~ty Of Denton and Eller Medm Company, attached hereto and
incorporated by reference hereto, and anthonzed to execute a release of clmms, in a form approved
by the C~ty Attorney
~ That th~s ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this the '~/ day of /~{/~./J~6~~- ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~/ED A~TO~FORM
CAUSE NO 98-50138-367
ELLER MEDIA COMPANY § IN THE DISTRICT COURT OF
¥ §
§ DENTON COUNTY, TEXAS
SIGN BOARD OF APPEALS OF §
THE CITY OF DENTON AND, §
THE CITY OF DENTON, TEXAS § 367TM JUDICIAL DISTRICT
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS
That tt ts agreed by and between PLAINTIFF, Eller Medm Company and the
RELEASED PARTIES tdentffied as Stgn Board of Appeals of the Ctty of Denton and the
Ctty of Denton, Texas, and its past, present, and future officers, elected offictals,
employees, agents, and attorneys (all m both thetr official and mdtvtdual capacmes), and
thetr respecttve insurers, and those m pnmty with any of them, as follows
1 The RELEASED PARTIES wall tssue a stgn pernut to allow PLAINTIFF
to repatr the sign that ts the subject of this lmgatlon, as set forth herem In doing so,
PLAINTIFF shall make repmrs as reflected m the attached repatr order No addlttonal
perrrattmg fee shall be reqmred of PLAINTIFF m connection with the granting of this
perrmt
2 For and m cons~deration of the mutual agreements contained hereto,
PLAINTIFF, Eller Media Company, hereby fully releases, d~schurges, and acquits the
RELEASED PARTIES, from, and agree that tins settlement shall be m full and fmal
satisfaction and compromise of all actions, causes of action, claims, and demands, on
account of or m any way growing out of any and all negligence, mtentlonal misconduct,
vtolatlon of Conmtut~onal or statutory r~ghts, consptrames, damage to reputation, taking
Compromise Settlement'Agreeraent Page 1 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 smd RELEASED PARTIES growing out
of or tn any way connected wth the detnals of smd s~gn pernut and appeal, all as more
fully descrlhed tn the pleadings on file hereto, to wtuch reference ~s made for more
complete description PLAINTIFF also states that ~t has no pending or contemplated
actions to ehallange the wording of Sectxon 33-95 of the C~ty of Denton sign orchnance as
~t ~s currently wrlttan and w~ll not make a factal challenge to ~ts const~tut~onahty of
Section 33-95 w~th respect to apphcatlon of Section 33-95 to the subject s~gn, but
expressly reserves its r~ght to challenge any subsequent act~vtt~es of the RELEASED
PARTIES tn mterpretmg or seeking to enforce th~s prowslon
3 PLAINTIFF and the RELEASED PARTIES EACH hereby represent and
warrant to each other and to the Court that no prormses, representations or agreements
not set out heretn have been made to them, that th~s Comprormse Settlement & Release
of All Claims Is executed w~thout rehance upon any statement or representation of any
person or part,es released or their representatives coneerntng damages and or legal
habfllty therefor, that acceptance of the consideration set forth hereto ~s a full accord and
satisfaction ora d~sputed clmm, wi'ach ss incapable of hemg exactly determined, and for
whtch habthty ~s expressly deraed, and that ttus Compronuse Settlement & Release of All
Clmms is made of their own t~ee will and accord after consulttng w~th and acting upon
the adwee of their attorneys
4 FOR THE SAME CONSIDERATION, ~t ~s agreed that the above-styled
Compromise SeCaleraent Agreement Page 2 of 4
suit will be &smlssed with prejudice to refilmg the same, and that costs of court will be
taxed to the party recurring the same
5 Although originally drafted by attorneys for the RELEASED PARTIES,
th~s Compronuse Settlement & Release of All Clmms ~s a contract which is product of
negotiatlons between the parties and attorneys for the parties and which shall, m the event
of any dispute over its meaning or appheatlon, be interpreted fatrly and reasonably, and
neither more strongly for or against e~ther party Thxs document contains the enttre
agreement of the part~es hereto
THE PROVISIONS OF Tins COMPROMISE SETTLEMENT & RELEASE OF ALL
CLAIMS ARE CONTRACTUAL AND NOT MERE RECITALS
WITNESS OUR HANDS thts 2~ day of/ffdl~t~Z~, 1998
ELLER MEDIA COMPANY
APPROVED
Lms A Galmd6~
Attorney for PLAINTIFF
THE STATE OF TEXAS )
)
COUNTY OF '-~rra~3~- )
Thts instrument was acknowledged before me on the 2- day of
LYNDA K MASSEY ! ~ ~
NOTARYPU~UC
ST^rEOFT~S ! Notary ~Pubhc-State of Texas 0
My Camm Explles Sept 29 2001
--- .....
Compromise Settlement Agreement Page 3 of 4
My Commission Expires
CITY OF DENTON, TEXAS
Jerry E Drake~
Atto~FENDANT
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
~' of
This instrument was acknowledged before me on this ~ day ~,~
1998, by M]cb. ael W Jez, C~ty Manager for the Cay of Denton, Texas
My Commission Expires
Compromise Settlement Agreement Page 4 of 4
ID OCT 16'98 14 dd No 001 P O1
~'LAIN I V'C~JMR UMU~'M
~ ~o 30~0 ~eg,o,, DFxl e,lv D2~j()T1 ........... a~,ov~O.__
Prop Ow.t~ & Add.
S/0 F~ 17~' ~/r Str C~s~ -- BUILD~ CONVERT~
~o~ ...... /~ s~ ri.~ BACKUP D INCREMENTS
m~,~,o.s Rebu~Jd One 12x25 Untt at localion as described
below Order ~phone i)ole~ as desCribed, ~se "~*LCST .........
- - POSTING
ReAL CST
Clean up (1) 30-bhc'et panel, single face
Obtain (4) 30' wooden poles set ~n ground and 10 to deck
Hang exlshng panel
Repmr and roplace catwalk and walk arms
Fxcavate holes to appropnate depth (approx 7')
Sand and concrete m as required
Clean up and replace light fixtures
BEWARE OF · ._,~10ft].,~ ]DON'T LET EQUIPMENT
H,GH VOLTAG.'FI, MATER/ALS
CLEARANCLn OF POWER LINES t