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.
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CITY OF DENTON, TEXAS
LLOYD V. HARRELL
CITY MANAGER
NOEL WOOD
APPROVED: APPROVED:
CITY ATTORNEY f J ATTORNEY FOR CIkKIMANT
CITY OF DENTON, ~EXAS
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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
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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
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