1997-300 ORDINANCE NO qq-,._~O0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING SETTLEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT
AGREEMENT IN LITIGATION STYLED JOEL DARNEI.L PATTON AND NELDA JEAN
PATTON V THE CITY OF PARIS. THE CITY OF DENTON, AND THE CITY OF
CORSICANA, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authonzed to execute a Compromise
Settlement Agreement in litigation styled Joel Damell Patton and Nelda Jean Patton v The City
of Paris, We City of Denton. and the City of Comcana, providing for the settlement of this case,
in an mount to be apportioned by the Defendants, unth Denton's share not to exceed Thirty-five
Thousand Dollars ($35,000 00), in substantial accordance with the terms of a Compromise
Settlement Release of All Clmms, executed in a form to be approved by the Caty Attorney
S]~CTION II That the City Manager is authorized to make the expenditures as set forth
in this ordinance
SECTION III That th~s ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th, sthe /M/t-p-- dayof ~~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
e \docs\ord\pat~n settloment ordin~
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
PARIS DIVISION
JOEL DARNELL PATTON §
Plaintiffs, §
VS § CIVIL ACTION NO. 3:96CV66
THE CITY OF PARIS, §
THE CITY OF DENTON, and §
THE CITY OF CORSICANA §
Defendants. §
FULL AND FINAL RELEASEr
COMPROMISE AND SETTLEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS FULL AND FINAL RELEASE, COMPROMISE AND SETTLEMENT
AGREEMENT is executed this day of , 1997,
by JOEL DARNELL PATTON, hereinafter referred to as the undersigned
plaintiff, in favor of (1) the CITY OF DENTON, TEXAS and (2) any
and all employees, agents, and/or elected representatives, past and
present, of the City of Denton, hereinafter referred to either by
name or as Releasees, and for the consideration expressed herein,
the undersigned plaintiff does hereby agree as follows:
I.
For and in consideration of the total sum of Thirty-five
Thousand and No/100 Dollars ($35,000), the receipt of which is
hereby acknowledged and confessed, the undersigned plaintiff agrees
to release, discharge and acquit Releasees of and from any and all
claims, suits, actions, causes of action, demands, damages, costs,
expenses, and compensation growing out of, or arising from, the
arrest and detention of the undersigned plaintiff during 1996 in
Denton County and Navarro County, and any incidents related to the
arrest and dentention, which incidents are more fully described in
the pleadings on file in the above captioned lawsuit.
II
It is understood by the undersigned plaintiff that this is an
unconditional, unqualified release, and also includes all claims,
attorney's fees, or other expenses incurred by or on behalf of the
undersigned plaintiff in connection with the filing and prosecution
of the above mentioned lawsuit, including taxable court costs. It
is further understood and agreed that the above described lawsuit
will be dismissed with prejudice against same ever being reflled
against any of the Releasees, as well as all claims which could
have been alleged therein by amendment. The undersigned plaintiff
gives full authority to his attorney to execute an Order of
Dismissal With Prejudice or any othe~ document required by the
Court to effectuate the dismissal of this suit with prejudice.
III.
It is warranted, represented, and agreed by the undersigned
plaintiff that the proceeds of this settlement shall be applied, to
the extent necessary, to satisfy the subrogation interests of any
insurer of plaintiff. The undersigned plaintiff expressly agrees
to indemnify and hold harmless Releasees of and from any claim
which any subrogee of the undersigned plaintiff might now or
hereafter assert against the Releasees as a result of any expenses
incurred by the undersigned plaintiff.
IV.
The undersigned plaintiff acknowledges that this Release and
payment of the above mentioned consideration is not and does not
constitute an admission of liability, but it is expressly agreed
that liability is denied by Releasees, and that this is merely the
compromise of a doubtful claim
V.
This Full And Final Release, Compromise And Settlement
Agreement contains the entire agreement between the parties hereto,
and the terms of this Full And Final Release, Compromise And
Settlement Agreement are contractual and not mere recital.
VI.
It is agreed and stipulated to that this Agreement shall be
construed under the laws of the State of Texas which are effective
this date.
VII.
In making this agreement of compromise and settlement, the
undersigned plaintiff has not relied upon any statement or
representation pertaining to this matter made by the persons,
associations, firms, organizations, or corporations which are
hereby released, or by any person or persons representing them in
any capacity. The undersigned plaintiff further states that he has
carefully read the foregoing Full And Final Release, compromise And
Settlement Agreement, knows the contents thereof, and has signed
same as his own free act.
WHEREFORE, Joel D. Patton, with the Intention of binding
himself, his legal representatives, and assigns, e~ressly releases
all claims, benefits, demands, or actions as specified herein.
~dayof ~~. , 1997~j~E
D .- P~ON
STATE OF TE~S *
COUNTY OF *
BEFORE ME, the undersigned authority, a notary public in and
for said coun~ and state designated above, on this day personally
appeared JOEL D. PATTON, ~own to me to be the person whose name is
subscribed as indicated to the foregoing instrument, and who
acknowledged to me that he executed the same for the purposes and
consideration therein expressed
~_~~.__~GI~N ~DER ~ HAND ~D SEAL OF OFFICE, this the ~~ day of
, 1997.
stat~ Bar No. 18§96~00
~ OF¥~CE O~ G. DAVID S~ITH
4144 N. Central Expressway, Suite 1250
Dallas, Texas 75204
Telephone: (214) 823-6046
Telecopier: (214) 821-2560
ATTO~EY FOR P~INTIFF
WOLFE, CLARK, HENDERSON
& TIDWELL, L.L.P
123 North Crockett Street
Suite 100
Sherman, Texas 75090
Telephone: (903) 868-1933
Telecopier: (903) 892-2397
~ames Corley ~enderson State Bar No. 09423500
ATTORNEYS FOR RELEASEES