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1994-086j:\wpdocs\ord\noelwood.ord AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE OF ALL C/~IMS IN THE MATTER OF NOEL WOOD; APPROVING THE EXPENDITURE OF FUNDS THEREFORE~ AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute a Compromise Settlement Release of All Claims in the claim of Noel Wood, providing for the settlement and compromise of all claims between the city of Denton and Noel Wood in an amount not to exceed Twenty-one Thousand Dollars ($21,000.00). SECTION II. That the city Council authorizes the expenditure of funds in the amount of Twenty-one Thousand Dollars ($21,000.00). SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PAssED AND APPROVED this the ~ day of ~ , 1994. ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY ~ AP~OV~D'A~TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Twenty-one Thousand ($21,000.00) Dollars in hand paid this day by check, the receipt and sufficiency of which is hereby acknowledged, Noel Wood does hereby release, acquit, and forever discharge the City of Denton, Texas, its elected officials, agents, employees, insurers, attorneys, and James Russell Lewis of and from any and all actions, causes of action, claims (including subrogation claims), and demands, on account of, or in any way growing out of, or which may in the future grow out of, any and all personal injuries, viola- tions of constitutional or statutory rights, damage to reputation, pain and suffering, grief, bereavement, loss of consortium and companionship, mental anguish, loss of earning capacity, loss of profits, damage to and taking of property, costs, loss of services, and all other damages, whether known or unknown, and whether here- tofore asserted or not, resulting or to result from an accident which occurred at or near 1500 E. McKinney, Denton, Texas on or about July 21, 1993; and does hereby agree to indemnify and save harmless said city of Denton, Texas, its agents, attorneys and insurers, and James Russell Lewis of and from all further claims, including subrogation claims, demands, costs or expenses arising out of the injuries and damages sustained by him as a result of said incident, whether or not included in a claim for damages. The undersigned understands and agrees that the amount paid under this agreement is in full satisfaction of all damages arising on account of the above described accident, and that he will receive no further sums of money from the City of Denton, Texas, its agents, attorneys and insurers, and James Russell Lewis as a result of this accident. It is expressly understood and agreed that Noel Wood has already paid or will pay out of the aforementioned total sum of Twenty-one Thousand ($21,000.00) Dollars all medical, doctors' and hospital charges received in the past or to be incurred in the future by him and that he will defend, indemnify and hold harmless said city of Denton, Texas, its agents, attorneys and insurers, and James Russell Lewis from any claims for such charges. It is expressly warranted by Noel Wood that no promise or in- ducement has been offered except as herein set forth; that Noel Wood was not married at the time of the incident and that there are no persons known to Noel Wood who may assert a claim for loss of consortium arising out of this incident; that this Release is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefor; that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim for which liability is expressly denied. This document contains the entire agreement of the parties hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS. WITNESS our hands this the ~ day of ~~ , 1994. PAGE 2 CITY OF DENTON, TEXAS LLOYD V. HARRELL CITY MANAGER NOEL WOOD APPROVED: APPROVED: CITY ATTORNEY f J ATTORNEY FOR CIkKIMANT CITY OF DENTON, ~EXAS PAGE 3 THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Noel Wood, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas and Noel Wood the limited matter or thing dealt with in the fore- going instrument; and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that he had the legal authority to bind the city of Denton, Texas to such an agreement; and that at the time of execution of the release, Noel Wood was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. ~GIVEN under my hand and seal of office this the (~.~ day of ~okary Public, St~of Texas THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Lloyd V. Harrell, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between the city of Denton, Texas and Noel Wood the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that he had the legal authority to bind PAGE 4 the City of Denton, Texas to such an agreement; and that at the time of execution of the release, Lloyd V. Harrell was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. ~~ Notar~ Public, State of Texas d: YgPDOCS\L ! T\NOELWO00. REL PAGE 5