1997-194 O INANCENO q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
THE CLAIM OF SARA SANGSTER IN AN AMOUNT NOT EXCEEDING $150,000,
AUTHORIZINO THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE
SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE APPROVED AS TO
FORM BY THE CITY ATTORNEY, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the clann for damages of Sara Sangster was subrmtted agmnst the C~ty of
Denton, Texas, and
WHEREAS, the C~ty Council of the C~ty of Denton, Texas beheves that ~t ~s m the best
~nterest of the C~ty to comprormse the clmm ~n an amount not exceeding $150,000 to avmd the
uncemunty of trial, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the proposed settlement of the clmm of Sara Sangster m an amount not
to exceed $150,000 ~s hereby ratified and approved, subject to final execution of a release of all
clatms by adverse parttes, m a form approved by the C~ty Attorney
SECTION II That the C~ty Manager ~s hereby authorized to act on the C~ty's behalf ~n
paying the settlement obhgat~ons anthonzed hereto
SECTION III That ttus ordinance shall become effecuve munedmtely upon ~ts passage and
approval
PASSED AND APPROVED tbas the~_e/~day of
1
997
JP~.K.~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 1 of 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS
That at as agreed by and between CLAIMANT, Sara Sangster and the RELEASED PARTY
~dentlfied as the City of Denton, Texas, and its past, present, and future officers, elected officmls,
employees, agents, and attorneys (all m both their offieaal and ~ndlvldual capacmes), and their
respective insurers, and those ~n pnvlty wath any of them, as follows
1 The RELEASED PARTY wall pay to CLAIMANT the total aggregate sum of ONE
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000), the receipt and
sufficiency of wlueh is hereby acknowledged
2 For and m considerataon of soad payment, CLAIMANT, Sara Sangster, hereby fully
releases, discharges, and acqmts the RELEASED PARTY, from, and agree that the sum so prod
shall be m full and final satisfaction and compromise of all actions, causes of action, claims
0ncludmg subrogation clatms, claims for contribution or lndemmty as to money paid m connection
wath flus settlement, claims under the survaval of actaons statute [Tex C~v Prac& Rem Code
§71 021, ere ], and elanns under the wrongful death statutes [Tex Clv Prac& Rem Code §71 001,
etc ]), and demands, on account of or m any way growing out of any and all neghgence, lntent~onal
misconduct, vaolat~on of Constatutlonal or statutory rights, conspiracies, breach of any duty of good
faith and fair dealing, death, personal injuries, damage to repntat~on, pa~n and suffenng, grief,
bereavement, loss of consortium, loss of compamonsbap, damage to famflml relatlonsbap, mental
anguish, psyebae mjury, loss of earmng capacity, loss of household servaces, loss of wages, loss of
profits, loss of money, damage to property, taking of property, attorney'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 CLAIMANT against smd
RELEASED PARTY growing out of or xn any way connected wath the drowning of Machael
Sangster on or about November 24, 1996, all as more fully described an the letters from Tamothy
Robinson to Herb Prouty dated January 9, 1997 and February 18, 1997, to winch reference as made
for more complete descnptaon, any events or htagataon connected wath or growang out of smd
lnmdent or fins settlement, or any event whach occurred prior to the date of fins settlement
CLAIMANT does hereby agree to mdemmfy and save harmless the smd RELEASED PARTY of
and from all further clmms, demands, costs, or expenses arising out of any injuries and damages
sustaaned by Sara Sangster or by any of her respeetave natural or adoptave family members or
relaUves, as a result of said drowmng, any of the events connected wath, or growing out of, smd
ancadent or thss settlement, or any event wbaeh occurred pnor to the date of fins settlement Tins
mdemmty only relates to the clmm asserted by Sara Sangster and an no way anvolves or relates to
the clmm bemg assertexl by the legal representataves and he~rs of Mlehelle Jameno
3 CLAIMANT understands and agrees that the amount prod under fins agreement as an full
satasfaetmn of all mjunes and damages ansang on account of the above described events and that
she wall receave no further sums of money therefrom CLAIMANT agrees to not assert or
prosecute any further claims or lawsmts therefore against anyone whomsoever, whether or not
herem or otherwase named, described or adentafied
4 Further, CLAIMANT expressly warrants that there are no outstanchng unpmd hospatal hens,
medacal insurance subrogataon clmms, or property damage subrogataon clmms and at as expressly
understood and agreed that CLAIMANT has already prod or wall pay out of the aforementaoned
sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 DOLLARS ($150,000)
all property damages and medxcal, doctors' and hospatal charges receaved an the past or to be
~ncurred m the future and that CLAIMANT wall defend, andemmfy, and hold harmless the said
RELEASED PARTY, of and from the payment of such submgataon chums and hospatal hens
(especmlly w~th reference to any liens under the Texas Hospital Lien Law)
5 CLAIMANT expressly warrants that no member of her family has suffered any psyctuc
injury, mental angtush and/or damage to the familial relatlonsbap as a result of the events m
question or as a result of CLAIMANT's alleged damages and injuries CLAIMANT agrees to
defend, hold harmless and mdemmfy the RELEASED PARTY from the payment, and for the
defense, including, expenses, and reasonable attorney's fees, of any and all such elmms for psycluc
injury, mental anguish and/or damage to the fanuhal relat~onstup Ttus paragraph is hrmted to Sara
Sangster's munechate family
6 CLAIMANT hereby represents and warrants to the RELEASED PARTY that no promises,
representalaons or agreements not set out herein have been made to her, that ttus Compromase
Settlement & Release of All Clatms is executed without reliance upon any statement or
representation of any person or parties released or their representatives, eoncermng the nature and
extent of the injuries, damages and/or legal liability therefor, that acceptance of the conslderataon
set forth herein is a full accord and sat~sfactaon of a disputed clmm, wlueh is incapable of being
exactly determined, and for wbach liability is expressly demed, and that ttus Compromise
Settlement & Release of All Clmms is made of her own free w~ll and accord after consulting w~th
and acting upon the advice of her attorneys
7 The partlas agree that neither CLAIMANT nor the RELEASED PARTY shall release,
publish, or otherwise make known to thtrd parties the terms of this Agreement, unless reqtured by
the Texas Pubhc Information Act or a court of competent jurisdiction
8 The undersigned Sara Sangster in further consldarat~on of the payment herein made to her,
states that she ~s the sole surwwng heir of M~chael Sangster, that no probate or other legal
proceechng ~s penchng as to the estate of Michael Sangster, and that none w~ll be forthcoming
9 Although originally dra~ed by attorneys for the RELEASED PARTY, tl~s Compromise
Settlement & Release of All Claims is a contract wtuch is the product of negotiations between the
parties and attorneys for the parties and wluch shall, in the evem of any chspute over ~ts meamng or
application, be interpreted fmrly and reasonably, and neither more strongly for or agmnst either
party Tins document contains the entire agreement of the partaes hereto
THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL
CLAIMS ARE CONTRACTUAL AND NOT MERE RECITALS
.190-?
Attorney for CLAIMANT
THE STATE OF TEXAS
COUNTY OF DENTON
Tbas mstrumentwas acknowledged before me on the ~r0~day ot~?~0-9-, 199t~7,
by Sara Sangster
Notary Pubhc-Staie of Texas -
My Comrmssaon Expires
~ ~**?~"~'~*h 'hOTARY PUBLIC
~J~..?~.~) ~ State of Texas