1994-138b:\settle.o
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE
OF ALL CLAIMS IN THE MATTER OF W. LAMONT BROWN AND ANNE BROWN V.
JAMES DARRELL MAYSE AND CITY OF DENTON, TEXAS; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City
execute a Compromise Settlement
of W. Lamont Brown and Anne Bro
of Denton, providing for the
litigation now pending between
Court, Denton County, Texas, Ce
not to exceed Forty-four Thousan
in accordance with the terms of
of All Claims, a copy of which
Manager is hereby authorized to
Release of All claims in the matter
settlement and compromise of the
the parties in the 211th District
Luse No. 92-30748-211 in an amount
d Five Hundred ($44,500.00) Dollars
the Compromise Settlement Release
is attached hereto.
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the !a1 day of , 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
61-1
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY~( ~c-K
CAUSE NO. 92-30748-211
W. LAMONT BROWN, and ANNE § IN THE DISTRICT COURT
BROWN, §
Plaintiffs §
VS. § OF DENTON COUNTY, TEXAS
§
JAMES DARRELL MAYSE, Individually §
and CITY OF DENTON, §
Defendants § 211TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Forty-four Thousand Five
Hundred Dollars ($44,500.00) to be paid by Defendants, W. Lamont
Brown and Anne Brown do hereby release, acquit, and forever dis-
charge the Defendants (including, but not limited to, City of
Denton, Texas, its elected officials, agents, employees, and all of
said Defendants' insurers and attorneys, hereinafter referred to as
"Defendants") of and from any and all actions, causes of action,
claims (including subrogation claims), demands, liabilities, obli-
gations, costs, expenses and damages of any kind whatsoever,
whether based in common law, contract, warranty or tort, or upon
constitutional or statutory rights, including, but not limited to,
court costs, attorneys fees, damage to reputation, pain and suf-
fering, grief, bereavement, loss of consortium and companionship,
mental anguish, loss of earning capacity, loss of profits, damage
to and taking of property, loss of services, actual, punitive and
exemplary damages, and all other damages, whether known or unknown,
and whether heretofore asserted or not, resulting or to result
from, or in any manner related to the alleged injury which occurred
on or about November 26, 1990, all as more fully described in the
pleadings on file herein to which reference is made for a more com-
plete description; and do hereby agree to indemnify and save harm-
less said "Defendants" as described above, of and from all further
claims, including subrogation claims, demands, liabilities, obliga-
tions, costs or expenses and damages arising out of the alleged
injuries and damages sustained by them 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 alleged injury, and that they will receive
no further sums of money from the "Defendants" as described above
as a result of this injury.
It is expressly understood and agreed that W. Lamont Brown and
Anne Brown have already paid or will pay out of the aforementioned
total sum of Forty-four Thousand Five Hundred Dollars ($44,500.00)
all medical, doctors' and hospital charges received in the past or
to be incurred in the future by them, and that they will defend,
indemnify and hold harmless said "Defendants" as described above
from any claims for such charges.
In further consideration of the payments made by the "Defen-
dants" as described above, W. Lamont Brown and Anne Brown expressly
warrant and represent that (other than medical charges discussed
above) no assignment, pledge, sale or transfer of any right, title,
interest or claim which is released herein has been made, except to
PAGE 2
counsel approving this Release. W. Lamont Brown and Anne Brown
further agree to indemnify and hold harmless the "Defendants" as
described above from any claims or causes of action brought by
persons or entitles claiming a right, title, interest or claim in
the matters herein released.
It is expressly warranted by Plaintiffs that no promise or
inducement has been offered except as herein set forth; that this
Release is executed without reliance upon any statement or repre-
sentation of any person or parties released or their representa-
tives, concerning the nature and extent of the injuries, damages
and/or legal liability therefor; that acceptance of the consider-
ation set forth herein is in full accord and satisfaction of a
disputed claim for which liability is expressly denied by Defen-
dants.
FOR THE SAME CONSIDERATION, it is agreed that the above styled
suit will be dismissed with prejudice with costs of suit taxed to
the party incurring same.
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 day of ,
PLAINTIFFS
. C7~lryri /fit
LAMONT BRO N
ANNE BROWN
DEFENDANT
CITY OF D
PAGE 3
1994.
APP OnV.E-D : 9~vw~
W"v
DAN TRAMMELL
ATTORNEY FOR PLAINTIFFS
MICHAEL A. BUCEK
ATTORNEY FOR DEFENDANT
CITY OF DENTON, 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 W. Lamont Brown,
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 W. Lamont Brown, for 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 at the time of
execution of the release, W. Lamont Brown 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
1994.
MELINDACOBB
`<< r"• MY COMMISSION EXPIRES Notary Public, State of Texas
May 1, 7997
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 Anne Brown, known
PAGE 4
to me to be the person who executed the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed; that she executed the same as her
free and voluntary act and deed after having it fully explained to
her, and after having read it fully, and after realizing the effect
thereof to be a mutual release between the City of Denton, Texas
and Anne Brown, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by her without
any threat, force, fraud, duress, or representation of any kind by
any person whomsoever; and that at the time of execution of the
release, Anne Brown was completely sober, sane, and capable of
understanding the character of her acts and deeds and was in
complete charge of all of her faculties and capable of executing
this instrument and of understanding the significance of her acts.
GIVEN under my hand and seal of office this the a ~w day of
1994.
V.,%o''%g MELINDA COBS
s : W COMMISSION EMPIRES /~//f~\
May 1, 1887 n,~)
Notary Public, tate 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,
City Manager of the City of Denton, Texas, a municipal corporation,
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 W. Lamont Brown and Anne Brown, for 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 rep-
resentation of any kind by any person whomsoever; 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.
GIVEN under my hand and seal of office this the r day of
1994.
STEPHANIE rORD Notary Public, Texas
1 PUBLIC, STArE OF rC!AS
mi:swa Expire, Feh
B:\RELEASE.RRO
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