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1993-148b:\settle.o ORDINANCE NO. ~//g AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE OF JUDGMENT IN THE MATTER OF TEXAS WASTE MANAGEMENT V. CITY OF DENTON, TEXAS; 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 Settlement Agreement and Release of Judgment in the matter of Texas Waste Management v. City of Denton, providing for the settlement of the litigation now pending between the parties in the Court of Appeals, Second District, Fort Worth, Tarrant County, Texas, Cause No. 2-92-248-CV in the amount of One Hundred Sixty Thousand Dollars ($160,000.00). SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this the of , 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY l BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~ CASTLEBERRY, IN THE COURT OF APPEALS T ,J .j U 3 SECOND COURT OF APPEALS DISTRICT OF TEXAS„,,,, FORT WORTH i TEXAS WASTE MANAGEMENT, A DIVISION OF WASTE MANAGEMENT OF TEXAS, INC. * NO. 2-92-00248-CV V. * CITY OF DENTON, TEXAS JOINT AGREEMENT AND MOTION TO DISMISS APPEAL TO THE HONORABLE COURT OF APPEALS: Appellant, Texas Waste Management, and Appellee, City of Denton, Texas, jointly agree to dismiss the appeal of this case pursuant to Tex. R. App. P. 59(a)(1)(A), and would respectfully show as follows: 1. This was a cause of action brought in the 367th Judicial District Court of Denton County, Texas, by Texas Waste Management against the City of Denton, Texas, seeking declaratory, injunctive, and other relief. The Court denied Texas Waste Management its C request for declaratory and injunctive relief, denied all other relief to Texas Waste Management, and granted judgment to the City of Denton, Texas, on the bond which was posted, and granted judgment for attorney's fees and costs. 2. Texas Waste Management and the City of Denton, Texas, have entered into an agreement by which Texas Waste Management has paid ONE HUNDRED SIXTY THOUSAND AND N01100 DOLLARS ($160,000.00) in full and complete settlement of all monetary damages, attorney's fees, and costs awarded to the City of Denton, Texas, and a Release of Judgment has been executed by the City of Dent copy of 9e-~ 5EP ` 8 )~19$ JOINT AGREEMENT ANU MOTION TO UISMISS APPEAL C ~ CITY OF CrNTON LEGAL DEPT. which is attached hereto as Exhibit A. 3. The only issues raised on the appeal of this case in the Brief of Appellant concerned the amount of damages and attorney's fees. There was no appeal of the Judgment on its merits. The parties therefore agree and request that this appeal be dismissed. Because of the legal issues involved in the denial of the request for declaratory and injunctive relief, and because the Court's Judgment resolved such controversy, and would be res judicata as to any renewal of such controversy, the parties request that the cause C of action itself not be dismissed, but that only the appeal (which only concerned the amount of damages and attorney's fees) be dismissed. WHEREFORE, the parties request that this Court enter an order dismissing this appeal but not the cause of action, pursuant to the parties' agreement. Respectfully submitted, C WOLFE CLARK & HENDERSON, L.L.P. 123 N. Crockett, Suite 100 Sherman, TX 75090 (903) 886-1933 ~2/~ AXC--4 By: : Ronald H. Clark SBN 04298100 ATTORNEYS FOR APPELLEE HOOPER & EVANS 800 Fort Worth Club Building 306 West 7th Street Fort Worth, TX 76102-4991 (817) 335-9377 (817) 332-6962 (FAX) By: Richard C. DeBerry SBN 00783948 ATTORNEYS FOR APPEL NT Page-T- NO. 2-92-00248-CV IN THE COURT OF APPEALS SECOND COURT OF APPEALS DISTRICT OF TEXAS FORT WORTH and NO. 91-50778-367 IN THE 367TH JUDICIAL DISTRICT COURT OF DENTON COUNTY, TEXAS TEXAS WASTE MANAGEMENT, A DIVISION OF WASTE MANAGEMENT OF TEXAS, INC. C V. CITY OF DENTON, TEXAS ACKNOWLEDGMENT OF SETTLEMENT AND RELEASE OF JUDGMENT STATE OF TEXAS * COUNTY OF DENTON WHEREAS, on the 1st day of July, 1992, in the 367th Judicial C District Court of Denton County, Texas, in a cause styled "Texas Waste Management, a Division of Waste Management of Texas, Inc. v. City of Denton, Texas," No. 91-50778-367, the City of Denton, Texas, received a Judgment against Waste Management of Texas, Inc. which resolved controversies concerning the validity of a City ordinance and certain rights as between these parties, and denied declaratory, injunctive, monetary, and other relief requested by Waste Management of Texas, Inc. against the City of Denton, Texas, and additionally awarded to the City of Denton, Texas, against Waste Management of Texas, Inc., the sum of SEVENTY-SIX THOUSAND EXHIBIT ACKNOWLEDGE OF SL11LtME:NT AND HEL OF ape nAn FIVE HUNDRED TWENTY-ONE AND N01100 DOLLARS ($76,521.00) in damages, together with attorney's fees in the amount of ONE HUNDRED FIFTY- THREE THOUSAND TWO HUNDRED FIFTY AND N01100 DOLLARS ($153,250.00), with provisions made for credits if no appeal was taken, together with all costs of court; and WHEREAS, the monetary portion of such judgment, including all damages, attorney's fees, and costs of court, has been completely satisfied by Waste Management of Texas, Inc.'s payment to the City of Denton, Texas, the settled and reduced sum of ONE HUNDRED SIXTY C THOUSAND AND N01100 DOLLARS ($160,000.00) in consideration of Waste Management of Texas, Inc. Is agreement to dismiss its pending appeal; NOW, THEREFORE, I, Lloyd Harrell, City Manager of the City of Denton, Texas, being duly authorized to sign this Release by the City Council of the City of Denton, Texas, acknowledge satisfaction of the monetary portion of said Judgment, and release unto Waste Management of Texas, Inc., judgment debtor, its heirs and assigns, / all liens heretofore existing by reason of such Judgment, upon any l property of Waste Management of Texas, Inc. whatsoever. This Release is not intended to affect, and does not affect, the Judgment of the Court denying declaratory and injunctive relief requested by Waste Management of Texas, Inc. concerning actions taken by the City of Denton, Texas, and ordinances passed by the City of Denton, Texas, and is intended that said portion of the Judgment shall remain in full force and effect, this Release being intended to affect, and release only the monetary portion of the Judgment, and any lien created or which could be created therefrom. age Witness my hand this :27th day of 1993. C A T T E S T: i y Se etary STATE OF TEXAS ) COUNTY OF DENTON ) Lloyd Harrell City Manager, City of De/ton BEFORE ME, the undersigned notary public, on this day personally appeared Lloyd Harrell, City Manager, City of Denton, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME on the -,j,.-4 day of 1993, to certify which witness my hand and official seal. r2 !ELIZABETH J. VVIW2 My COMM 110N E xvltaEs May 15,1897 My Commission Expires: ,J~CE N Lc- ct otary Public ate of Texas C ACKNOWLEDGE OF-SEI]LEMENI AND RELEASE: OF aqe