1993-004e:\tit\dsmith\setlment.o
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A RELEASE IN THE MATTER OF
SMITH V. THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Mutual Release of Claims in the
matter of Smith v. The City of Denton, Texas, providing for the
settlement and .--ompromise of the litigation now pending between the
parties in the 158th District Court, Denton County, Texas, Cause
No. 90-20599-l E8 is approved in accordance with its terms, and the
City manager is hereby authorized to execute same on the City's
behalf.
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CASTLEBERRY,
BY*
APP OVED AS TO LEGAL FORM:
DEBRA A. DRAYO1ITCH, CITY ATTORNEY
BY:
cause No. 90-20599-158
DAVID L. SMITH AND LAVON
SMITH
vs.
ERNEST CALVERT, Individually;
CALVERT PAVING CORP;
THE CITY OF DENTON;
MAR-TIERRA INVESTMENTS;
HARRY J. NORTON, Individually;
and G.S. KLEIN, Individually
§ IN THE DISTRICT COURT O.
S
S
S
§ DENTON COUNTY, TEXAS
§
S
§
§
§ 158TH JUDICIAL DISTRICT
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the payment
FIVE HUNDRED of EIGHTEEN THOUSANL acknowledged ($18,500.00
, r($ ) DOLLARS, receipt of which is hereby
hereby DAVID L. SMITH and LAVON SMITH
release, acquit and fully discharge THE(Plaintiffs) do
TEXAS (Defendant), its manager, city council persons
servants and employees of and from an agents,
claims for damages, injuries y and all controversies,
, losses,
nature, whether known or unknown, in costs, and expenses, of any
an way growing Of or in
connection with the alleged incident m
ade he basis of tthe above
styled and numbered suit and all alleged damages resulting from
said incident, including such circumstances which either were or
could have been alleged in the above styled and number cause. By
execution of this agreement, Plaintiffs shall be barred completely
from making any further claims or bringing any other actions or
suits in connection with such occurrence, and agree to hold
Defendant harmless from, and to defend and indemnify it against,
any and all further claims, whether such claims are made directly
or indirectly, for contribution or otherwise.
Further, Plaintiffs expressly warrant that no member of their
family, including minors, other than parties to this lawsuit, has
suffered any psychic injury, mental anguish, or damage to the
familial relationship as a result of the dispute described in this
release, save and except the alleged damages and injuries suffered
by Plaintiffs. Plaintiffs agree to hold harmless, indemnify, and
reimburse Defendant from any claims for damages, injuries, losses,
costs, expenses, or losses of consortium, mental anguish, or
damages to the familial relationshi
expenses, and reasonable attorney ps including court costs,
of this warranty. 's fees, as a result of a breach
Release - page 1
cjt/deatoul/release.ord.121892.
Plaintiffs agree that the
Plaintiffs, their predecessors,
administrators and assigns.
S
S
S
Plaintiffs represent and warrant that they have read this
release, understand it, and execute it voluntarily upon their own
best judgment. There are no promises, terms, conditions or obliga-
tions between the parties other than those contained in this
release, and this release supersedes all previous communications,
representations, or agreements, either verbal or written, between
the parties to the above-styled lawsuit. Plaintiffs acknowledge
that no representations of fact or opinion were made to them by
Defendant, or anyone on behalf of Defendant, to induce Plaintiffs
to execute this release of their claims against Defendant.
Plaintiffs represent and warrant that they will execute an
Agreed Motion to Dismiss all claims against The City of Denton with
prejudice to the right to refile the same.
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was
eember;-1992, by David
i
terms of this release bind
successors, heirs, executors,
DAVID L. SMITH
LAVON SMITH
acknowledged
L. Smith and
Release - page 2
cjt/dentonl/release.ord.121892.