1997-138 ORDINANCE NO q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN
THE MATTER OF YAPIT V CITY OF DENTON, TEXAS, AUTHORIZING THE
EXPENDITURE OF BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED $10,229 11,
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 the matter of Yaplt v City of Denton, providing for the settlement and
compromise of the ht~gatlon now pending between and among the parties in the 362nd Dlsmct
Court, Denton County, Texas, Cause No 95-40381-362, in substantial accordance with the terms of
the proposed Compronuse Settlement Agreement attached hereto as Extublt A
SECTION II That the City Manager, with the concurrence and approval of the City
Attorney, is hereby authorized to alter the form of the proposed Compromise Settlement
Agreement, attached hereto as Exhtblt A, as necessary to accomplish the substantive goals of smd
document, and as necessary to secure agreement among the parties and approval by the Court in
which the case is currently pending
SECTION III That the City Council hereby authorizes the expenditure of budgeted funds
in an amount not to exceed $10,229 11 in furtherance of this settlement
SECTION IV That this ordinance shall become effective lmme&ately upon its passage
and approval
PASSED AND APPROVED this, the ~7t- day of ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
NO 95.40381-362
MARY ALICE YAPIT, § IN THE DISTRICT COURT
VS § OF DENTON COUNTY, TEXAS
CITY OF DENTON, §
Defendant § 362nd JUDICIAL DISTRICT
COM~ROM~R ~RI'I~.R_.MR~ & n~.~.RASE OF ALL
KNOW ALL MEN BY THESE PRESENTS
PARTY identified as the City of Denton, (Dofendm) and its pm, premz, and future
I Tho RELEASED PARTY wdl pay to PLAINTWF the total aggregate sum of Twelve
Thousand Throe Hundred FoWj-thtte Dollars and Etghty-s~x Cents ($12,343 ~6) ($2,11475
already paid by the RELEASED PARTY), the rec~pt and sufficiency of wluch ~s hereby
acknowledged
2 For and m cons~denmon of smd payment, PLAINTIFF, Mary Alice Ynptt, hereby fully
releases, chscharges, and acqmts the RELEASED PARTY, from, and agrees that the sum so pard
shall be m full and final saUsfacUon and compronuse of all acUons, causes of actton, chums
(mcluchng subrogaUon clanns, clatms for conmbuUon or mdemmty as to money pard m connection
wtth thts settlement, and demands, on account of or m any way growing out of any and all
neghgence, mtenttonal nusconduct, v~olatton of ConsUtut~onal or statutory rights, conspLrac~es,
breach of any duty of good froth end fmr dealing, death, personal injuries, damage to reputation,
para and suffenng, grief, bereavement, loss of consomum, loss of compamonslup, damage to
SETI'LEMENT AGREEMENT- Page 1
famllml relatlon.~h~p, mental ansmsh, psycl~c injury, loss of earning capacity, loss of household
services, loss of wages, loss of profits, loss of money, damage to propen'y, takm~ of property,
attomey*s fees, pre* and post-judgment interest, and all other causes of action and damages whether
known or unknown and whether heretofore asserted or not, owned or possessed by smd
PLAINTIFF a~unst smd RBLEASED PARTY growing out of or tn any way connected vath a shp
and fail at the Denton Mtm~cipal Swlmmm~o Pool, wiuch occutrcd on or about June 21, 1993, all as
more fully described m the pleadm~s on file hereto, to whtch reference ~s made for more complete
desm/p~/on; any events or hU/atton connected w~th or irowm~ out of smd accident or gm
settlensmt;orauyeve~twlnchoccurredlmortothea_~eofttus settlemc~ PLAINTIFF docs
chums, demands, costs, or expemes arums out of any inJUries and damssm summed by
PLAINTIFF or by any of her respec~ve natural or adoi~ve fiumly members or relatives, as a result
of smd slip and fall and Denton Mumcupal Swimm*%o Pool, my of the events connected with, or
~rown~ out of, said accident or th,s settlement, or any event winch occurred lmor to the date of tins
settlement
3 PLAINTIFF understands and agrees that the amount prod under tins agreement is in full
satisfacUon of all injuries and damages arising on account of the above described events and that
she will recetve no further sums of money therefi~m PLAINTIFF agrees to not assert or prosecute
any further claims or lawsmts therefore against anyone whomsoever, whether or not hereto or
otherwise named, described or ldenttficd Any and all clmms against pames not spectfically
released hereto, ~f any, are hereby assigned m full to the pames hereby released
4 Further, PLAINTIFF expressly warrants that there are no outstanding unpaid hospxtal
hens, me&cai insurance subrogation clatms, or property damage subrosat~on claims and ~t ~s
expressly understood and agreed that PLAINTIFF has already prod or wall pay out of the
SE'UFLEMENT AGREEMENT- Pa~e 2
afo~emant~oned sum of Twelve Thousand Three Hundred Forty-three Dollars and Elghty-s~x Cents
($12,343 86) all prope~ damages and mechcal, doctors' and hospital charges rec~wd m tbe past or
to be inomed m the future and that PLAINTIFF mil d~fend, mdemn, fy, and hold harmless the smd
RELEASED PARTY, of and from the payment of such subrogation clanns and hospital liens
(especially ruth ~-ftn~nce to any liens under the Texas Hospital Llan Law)
5 PLAINTIFF expressly warrants that her spouse, if she Ires one, has not stttfered any loss
of consomum as a result of the events m question or PLAINTIFF'S alleged injuries and damages
PLAINTIFF also expressly wire.ants that no member ofhzr fnmsly has suffen~d any psyclnc injury,
mental angmsh and/o~ damage to the fauulial relation~,p as a result of the events m quesuon or as
a result of PLAINTIFF'S alleged damages and mjunes. PLAINTIFF agrees to defend, hold
including, expenses, and reasonabiz attom~s fees, of any and all such Os~,~. for loss of
consomunt, psycl~e tn. jury, mental angmsh and/or damage to the fanulial relatic~hsp
6 PLAINTIFF hereby ~-presents and warrants to the RELEASED PARTY and to the
Court that no pronuses, rel~esenttmons or agreements not set out he,mn hnve been i~nd~ to ~ t~
tlUS Compronuse Settlement & Release of All Clatms is executed w~thout rehnnce upon any
~_n_!__~nent or representst~on of any person or parties relessed or thetr representatives, concemm~ the
nature and extent of the injuries, damages and/or legnl liability therefore, that acceptance of the
considemt~on set forth hereto is a full accord and sa~sfaction of a disputed clatm, which is
incapable of being exactly determined, and for wluch habxhty is expressly demed, and that this
Comprormse Settlement & Release of All Clatms ~s made of her own ~ w~ll and accord at, er
consulting w~th and nctmg upon the advice of her attorney
7 FOR THE SAME CONSIDERATION, it ms agreed thnt the above=styled stat will be
chsrmssed w~th prejuchce to refilmg the shine, and that costs of court will be taxed to the party
SETTLEMENT AGREEMENT- Page 3
mcumng ~he same
8 Although onginally drafted by attorneys for the R~I.F~.SED PARTY, tim Compromise
Settlemeot & Release of All Clmms is a contract which ts the product of negommons between the
paraes and attomeys for the part~es and which shall, tn the event of any dispute over tts menmn..o or
apphcatmn, be interpreted fairly and reasonably, and nmther more s~ongly for or agamst ather
party Thts document contains the entffe agreement of the. pames hereto THE PROVISIONS OF
THIS COMPROMISE SETFLEMENT & RELEASE OF ALL CLAIMS ARE CONTRACTUAL
AND NOT MERE RECITALS. (~ of'~~
WrrNF. SS OUR HANDS ~his [ day .1997
CITY OF DENTON, TEXAS
TED BENAVIDES,
CITY MANAGER
APPROVED
Jean~' Robb
^ttom,y for PLAINTIFF
e, Jr J
Attorney for DEFEND/~'T
SETTLEMENT AGREEMENT- Pago 4
THE STATE OF TEXAS )
COUNTY OF DENTON ) o~'-'~~
This msmament was acknowledged befor~ me on the ~._ day 7_ ~
1997, by Mary Alice Yap~t. ~/- - '
My Coramlzqlon Expires
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
No~'y Pu~hc-Stateof'l~ /'
My Conmu~s~on Ex'pL--es
~ ..,p~5 ~.~',.... ANN FORSYTHE
~, , '"~ ~1 Notary Public, S~lle of Texas
s.s~lem~t agr~m~nt
SETTLEMENT AGREEMENT- Pnge $