1996-191J \~PDOCS\ORD\COHAGREL ORD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE A COMPROMISE, SETTLEMENT AND
RELEASE OF ALL CLAIMS IN THE MATTER OF COHAGEN. ET AL V. CITY OF
DENTON. TEXAS; AUTHORIZING PAYMENT OF $21,805 50 TO THE PLAINTIFFS
TO CONSUMMATE THE SETTLEMENT; 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 and Release of All Claims in the
matter of Coha~en. et al v. C~tv of Denton, providing for the
settlement and compromlse of the litigation now pending between the
partles in the 211th District Court, Denton County, Texas, Cause
No. 94-50367-367, and payment in the amount of Twenty-one Thousand
Eight Hundred F~ve Dollars and Fifty Cents ($21,805.50), in
accordance with the terms of the Compromlse, Settlement and Release
of All Claims, a copy of which is attached hereto
SECTION II. That thls ordinance shall become effective
Immediately upon its passage and approval
PASSED AND APPROVED this the /£~day of~, 1996.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY OF DENTON, TEXAS MUNICIPAL BUILDING · DENTON, TEXAS 76201 · TELEPHONE (817) 566-8200
Off~ce of C~ty Attorney
October 15, 1996
Mr. Chris Raesz, Attorney By Hand Delivery
Philips, Hopkins, Eames, Shelton,
Cobb & Perr~tt
525 North Locust Street
Denton, Texas 76201
Re: Cause No 94-50367-367
C0ha~en. et al v. C~tv of Denton
Transmittal of Settlement Documents / D~sm~ssal Order
Dear Mr. Raesz:
Enclosed herewith please find a file-marked copy of the Joint
Motion to Dlsmlss with Prejudice, as well as a file-marked copy of
the Compromlse Settlement and Release of All Claims in the above
numbered and entitled cause. I presented the motion to Judge
Shipman earlier th~s afternoon Judge Shipman s~gned the Order Of
Dismissal, a conformed copy of which is enclosed herewith.
This is also to confirm that I hand-delivered City of Denton check
#1442 in the amount of $21,805.50 to you yesterday, in exchange for
the fully executed settlement documents, representing payment of
the agreed settlement amount.
We are pleased that a settlement could be reached regarding this
case. Should you have any questions, please advise.
Sincerely,
/ / ~
Michael S Copeland
Assistant City Attorney
MSC/cd
Enclosures
pc: Ted Benavldes, c~ty Manager
Jennifer Walters, City Secretary (w/enclosures)
Ron Clark, Wolfe, Clark, Henderson & Tldwell (w/enclosures)
Tracy Kunkel, Court Clerk
J \WPDOCS\COR\RAESZ LET
"Dedicated to Quahty Ser~,tce"
NO. 94-50367-367
JO ANN COHAGEN, ~nd~vldually, § IN THE DISTRICT COURT
RICKYE EARL COLEMAN and §
PATRICIA PENNINGTON, Executors of §
the Estate of Earl Coleman, §
Plmnt~ffs §
§ OF DENTON COUNTY, TEXAS
v §
THE CITY OF DENTON, §
Defendant § 211TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS
That ~t ~s agreed by and between Plaintiffs, JO ANN COHAGEN, Ind~wdually, and
RICKYE EARL COLEMAN and PATRICIA PENNINGTON, Executors of the Estate of EARL
COLEMAN, and CITY OF DENTON, Defendant, and ~ts past, present, and future officers,
elected officials, employees, agents, and attorneys (all in both their official and ~nd~wdual
capacities), and their respective insurers, and those in pr~vlty with any of them, as follows
1 The CITY OF DENTON wall pay to Plaintiffs the total aggregate sum of
TWENTY-ONE THOUSAND EIGHT HUNDRED FIVE AND 50/100 DOLLARS ($21,805 50)
(of which amount $11,308 50 represents past due rent prewously tendered) the receipt and
sufficiency of which is hereby acknowledged
2 For and m cons~deratlon of smd payment and the execution of this document,
Pla~ntdfs hereby fully release, d~scharge, and acqmt the CITY OF DENTON from, and agree
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 1
that the sum so paid and the execution of this document shall be in full and final satisfaction and
compromise of all actions, causes of action, claims (including subrogation claims and claims
for contribution or indemnity as to money paid m connection with this settlement), and demands,
on account of or in any way growing out of any and all negligence, intentional misconduct,
molatlon of Constitutional or statutory rights, conspiracies, breach of any duty of good faith and
fair dealing, fraud, breach of contract, death, personal injuries, damage to reputation, pain and
suffering, grief, bereavement, loss of consortium, loss of companionship, damage to familial
relationship, mental anguish, psychic injury, loss of earning capacity, loss of household services,
loss of rent, 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 any of said Plaintiffs
against said Defendant growing out of or ~n any way connected with any of the leases of
Plaintiffs' property by the City, the renovation of Plaintiffs' property by the City, the
termination of the lease of Plaintiffs' property by the City, and the move from Plaintiffs'
property by the City, which occurred on or about 1981 through 1994, all as more fully described
in the pleadings on file herein, to whmh reference is made for more complete description, any
events or lmgatlon connected with or growing out of said events or this settlement, or any event
which occurred prior to the date of this settlement regarding the events set forth more fully in
the pleadings of this matter Plaintiffs each do hereby agree to lndemmfy and save harmless the
said CITY OF DENTON of and from all further claims, demands, costs, or expenses arising
out of any injuries and damages sustained by Plaintiffs or by any of their respective natural or
adoptive family members or relatives, as a result of any lease of Plaintiffs' property by the
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 2
C~ty, the renovatmn of Plmntlffs' property by the C~ty, the termination of the lease of Plaintiffs'
property by the City, and the move from Pla~nuffs' property by the City, any of the events
connected w~th, or growing out of, said events or th~s settlement, or any event set forth more
fully ~n the pleadings on file m thts matter which occurred prior to the date of th~s settlement
3 For and ~n consideration of the execution of th~s document, Defendant hereby fully
releases, discharges, and acqmts Plmnt~ffs from, and agree that the execution of th~s document
shall be m full and final satisfaction and compromise of all acnons, causes of action, claims and
demands, on account of or ~n any way growing out of any and all neghgence, intentional
m~sconduct, vlolat~on of Conmtutlonal or statutory rights, conspiracies, breach of any duty of
good faith and fair deahng, fraud, breach of contract, loss of profits, loss of money, damage to
property, taking of property, attorney's fees, pm- and post-judgment ~nterest, and all other
causes of action and damages whether known or unknown and whether heretofore asserted or
not, owned or possessed by smd Defendant against any of said Plmnt~ffs growing out of or ~n
any way connected w~th any of the leases of Plmntlffs' property by the C~ty, the renovation ol
Plmntfffs' property by the C~ty, the tenmnat~on of the lease of Plmntfffs' property by the C~ty,
and the move from Plmntlffs' property by the C~ty, which occurred on or about 1981 through
1994, all as more fully described in the pleadings on file here~n, to which reference ~s made for
more complete description, any events or ht~gat~on connected w~th or growing out of smd events
or th~s settlement, or any event which occurred prior to the date of this settlement regarding the
events set forth more fully m the pleadings of th~s matter Defendant hereby agrees to indemnify
and save harmless, to the extent allowed by law, the Plmnt~ffs of and from all further clmms,
demands, costs, or expenses arising out of any ~njunes and damages alleged to be sustmned by
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 3
Defendant as a result of any lease of Plaintiffs' property by the City, the renovaUon of
Plaintiffs' property by the C~ty, the termination of the lease of Plalnuffs' property by the C~ty,
and the move from Plaintiffs' property by the Cay, any of the events connected w~th, or
growing out of, smd events or th~s settlement, or any event set forth more fully ~n the pleadings
on file ~n this matter which occurred prmr to the date of this settlement
4 Plmntfffs and Defendant each understand and agree that the amount paid and other
cons~deraUon under th~s agreement ~s in full satisfaction of all ~njurles and damages arising on
account of the above described events and that they wall receive no further sums of money or
other cons~deranon therefrom Plaintiffs and Defendant each agree to not assert or prosecute
any further claims or lawsmts therefore against anyone whomsoever, whether or not hereto or
otherwise named, described or ~dentaf~ed Any and all clmms against pames not specifically
released here~n, if any, are hereby assigned ~n full to the pames hereby released
5 Further, each Plmntlff and Defendant expressly warrants that there are no
outstanding subrogation clmms, and ~t ~s expressly understood and agreed that Plmntiffs have
already prod or will pay out of the aforementioned sum of TWENTY-ONE THOUSAND EIGHT
HUNDRED FIVE AND 50/100 DOLLARS ($21,805 50) all property damages received m the
past or to be ~ncurred in the future and that Plmnt~ffs will each defend, ~ndemnlfy, and hold
harmless the Defendam of and from the payment of such subrogatmn clmms Further,
Defendant expressly warrants that there am no outstanding subrogauon clmms on their behalf
and all expenses ~ncurred by Defendant have been prod by Defendant and that Defendant wall
defend, mdemmfy and hold harmless Plaintiffs of and from payment of any and all such claims
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 4
6 Plaintiffs each expressly warrant that their spouses, if they have one, have not
suffered any loss of consortmm as a result of the events m question or Plaintiffs' alleged ~njunes
and damages Plaintiffs each also expressly warrant that no member of their famdy has suffered
any psychic mjury, mental anguish and/or damage to the famthal relationship as a result of the
events in question or as a result of Plamt~ffs' alleged damages and ~njur~es Plaintiffs each agree
to defend, hold harmless and lndemmfy the CITY OF DENTON from the payment, and for the
defense, including, expenses, and reasonable attorney's fees, of any and all such claims for loss
of consortmm, psychic injury, mental anguish and/or damage to the familial relationship
7 Plamtdfs and Defendant each hereby represent and warrant to the other party(s)
and to the Court that no promises, representations or agreements not set out hereto have been
made to them, that this Compromise Settlement and Release of All Claims is executed without
rehance upon any statement or representation of any person or part,es released or their
representatives, concernmg the nature and extent of the injuries, damages and/or legal hablhty
therefore, that acceptance of the consideration set forth here~n 1S a full accord and satisfaction
of a disputed claim, wfuch ~s ~ncapable of being exactly determined, and for wfuch habd~ty ~s
expressly demed, and that th~s Compromise Settlement and Release of All Claims ~s made of
their own free will and accord after consulting with and acting upon the advice of their attorney
8 FOR THE SAME CONSIDERATION, it ~s agreed that all claims ~n the above
styled su~t w~ll be d~smlssed w~th prejudice to reffl~ng the same, and that costs of court wall be
taxed to the party recurring the same
9 Although orlgwally typed at the off~ce of attorneys for the CITY OF DENTON,
th~s Compromise Settlement and Release of All Clatms is a contract which ~s the product of
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 5
negotiations between the parties and attorneys for the parties and which shall, in the event of any
dispute over its meamng or apphcation, be interpreted fairly and reasonably, and neither more
strongly for or against either party This document contains the entire agreement of the pames
hereto THE PROVISIONS OF THIS COMPROMISE SETTLEMENT AND RELEASE OF
ALL CLAIMS ARE CONTRACTUAL AND NOT MERE RECITALS
WITNESS OUR HANDS flus [0 day of /~[~' , 1996
N COHAGEN /
~eKYI~ EARL C~LEMAN
PATRICIA PENNINGTON ~
APPROVED
PHILIPS, HOPKINS, EAMES,
SHELTON, COBB & PERRITT, P C
By
CHRIS RAE
ATTORNEYS FOR PL INTIFFS
DEFENDANT
CITY OF DENTON, TEXAS
TED BENAVIDES, City Manager
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 6
APPROVED
RONALD H CLARK (vodk ~~'''''°''''' I~t-j)
Attorney for Defendant
HERBERT L PROUTY, City Attorney
By )~~I~Q
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledgedu~..wbef re me on the [0 day of
~,_ ,~1~'.~ , 1996, by JO ANN COH~qEN
~. ' ~ ~ Notary. Public, State ~ Texas
~1~ ~tmn~lm,~ao.~ ~ $otary's mrlntedName"
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged b¢le me on[ th/4 ~_~__ day of
f)'/ll~[2~.~ , 1996, by RICKYi~ EAP~ ~OLEMAN ~ ?~" }
NXO~.y Public, -State oi~Te.~,,a's,~
Notary s Primed Name
My Commlss,on Expires
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 7
THE STATE OF TEXAS §
COUNTY OF DENTON §
., This instrument was acknowledged before me on the ? ~ day of
d/~_d , 1996, by PATRICIA PENNINGTON ?
~~ ~'~' 6~ry mubh~dState of Texas
E~ NO~U's Printed Name
My Co~lssmn Expires
THE STATE OF TEXAS {
cougar
Thls Instrument was ac~owledged before me on the 10~5 day of
0C~ h ,1996, by TED BENAVIDES, C~ty Manager of the C~ty of Denton, Texas,
~ta~bhc, Stat~ of Texas
t [~~ PUBLIC STATE OF TE~S ~ ~tau's Printed Name
~o~'My C~mmmm Exp*re~ Feb 19 1907
~ My Co~ss~on Expires ~]i~[QO
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 8
NO. 94-5036%367 r ~ [t ..........
JO ANN COHAGEN, individually, § IN ~E ~S'l[flll~ I~O~R, T
RICKYE EARL COLEMAN and §
PATRICIA PENNINGTON, Executors of §
the Estate of Earl Coleman, §
Plaintiffs § ......
§ OF DENTON COUNTY, TEXAS
v §
THE CITY OF DENTON, §
Defendant § 211TH JUDICIAL DISTRICT
JOINT MOTION TO DISMISS WITH PREJUDICE
TO THE HONORABLE JUDGE OF SAID COURT
Phuntfffs, JO ANN COHAGEN, Indlwdually, and RICKYE EARL COLEMAN and
PATRICIA PENNINGTON, Executors of the Estate of EARL COLEMAN, and Defendant
CITY OF DENTON, move tins Court to d~smlss w~th prejudice all of their clanns and causes
of action against both Defendant and Plaintiffs, for the reason that all d~sputes between these
pames have been resolved Such resolution ~s not an admission of habfi~ty on the part of any
party, but ~s expressly made m order to buy peace and avoid the cost, uncertainty and expense
of lmgatton
WHEREFORE, PREMISES CONSIDERED, Plaintiffs JO ANN COHAGEN,
Ind~wdually and RICKYE EARL COLEMAN, and PATRICIA PENNINGTON, Executors of
the Estate of EARL COLEMAN, and Defendant CITY OF DENTON, request that thts Court
enter an Order d~sm~ssmg w~th ptejud~ce all clauns of Plaintiffs against Defendant, CITY OF
DENTON, and all clmms of Defendant CITY OF DENTON against Plaintiffs, JO ANN
IOINT MOTION TO DISMISS WITH PREIUDICE PAGE 1
COHAGEN, Ind~wdually and RICKYE EARL COLEMAN, and PATRICIA PENNINGTON,
Executors of the Estate of EARL COLEMAN, w~th costs to be taxed to the party ~ncurrmg the
same
Respectfully submitted,
PHILIPS, HOPKINS, EAMES,
SHELTON, COBB & PERRITT, P C
525 North Locust Street
P O Box 2027
Denton, Texas 76202-2027
(817) 566-7010 Office
(817) 898-0502 Facsumle
CHRIS RAESZ
State Bar No 16460150
ATTORNEYS FOR PLAINTIFFS
WOLFE, CLARK & HENDERSON, L L P
123 N Crockett, State 100
Sherman, Texas 75090
RONALD H CLARK (~
State Bar No 04298100
ATTORNEY FOR DEFENDANT
JOINT MOTION TO DISMISS WITH PREJUDICE PAGE 2
NO. 94-50367-367 .~ ~ (~ -- - ......
JO ANN COHAGEN, individually, § IN TI~ I~C'1~¥~6U~~T
RICKYE EARL COLEMAN and § .~, ~ L
PATRICIA PENNINGTON, Executors of § ~ '"
the Estate of Earl Coleman, § _-- ~u~ (
Plaintiffs § ~'( --
§ OF DENTON COUNTY, TEXAS
v §
THE CITY OF DENTON, §
Defendant § 211TH JUDICIAL DISTRICT
ORDER OF DISMISSAL
On th~s day came on to be considered the Jomt Motion to Dmmlss with Prejudme m the
above entitled and numbered cause The Court, hawng considered the sa~d Motion, and the
pleadings and papers on file m tim case, m of the opmaon that said Motion should be granted
It Is therefore ORDERED that the Court hereby dmmmses w~th prejudice all claLrns of
Plamtfffs, JO ANN COHAGEN, Individually, and RICKYE EARL COLEMAN, and
PATRICIA PENNINGTON, Executors of the Estate of EARL COLEMAN, against Defendant,
CITY OF DENTON, wluch were asserted or wbach could have been asserted m the above styled
and numbered cause, or wluch arise d~rectly out of the events set forth ~n the above styled and
numbered cause, whether or not asserted berem
It ~s further ORDERED that the Court hereby dmmlsses w~th prejudme all clauns of
Defendant, CITY OF DENTON, against Plamt~ffs, JO ANN COHAGEN, Ind~v~dually, and
RICKYE EARL COLEMAN, and PATRICIA PENNINGTON, Executors of the Estate of EARL
COLEMAN, whteh were asserted or whmh could have been asserted m the above styled and
ORDER OF DISMISSAL PAGE 1
numbered cause, or wluch arise directly out of the events set forth m the above styled and
numbered cause, whether or not asserted hereto
It is further ORDERED that all costs hereto shall be prod by the party recurring the
salne
SIGNEDthls /~'- dayof ~' ,1996
JUDGE PRESIDING
APPROVED AND AGREED TO
Attorney for PlamUff4
RONAI.D H CLARK
Attorney for Defendant
ORDER OF DISMISSAL PAGE 2