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