1993-107- - b:\settle.o
ORDINANCE NO. 9-3 _/0?
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 HUNTER 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 Compromise Settlement Release of All Claims in the matter
of Hunter v. City of Denton, providing for the settlement and
compromise of the litigation now pending between the parties in the
211th District Court, Denton County, Texas, Cause No. 91-30371-211
in an amount not to exceed Twenty-four Thousand ($24,000.00)
Dollars in accordance with the terms of the Compromise Settlement
Release of All Claims, a copy of which is attached hereto.
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approvall..Iy~)_
PASSED AND APPROVED this the ~J day of , 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APP OVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Was Never executed by the Hunters
NO. 91-30371-211
CAMI HUNTER, WAYNE HUNTER § IN THE DISTRICT COURT
AND CARLENE HUNTER §
V. § DENTON COUNTY, TEXAS
THE CITY OF DENTON, TEXAS §
DAVID JOE BECKHAM, AND § 211TH JUDICIAL DISTRICT
SUSAN KRISTINE TREXLER §
FOR AND IN CONSIDERATION of the sum of Eighteen Thousand Dol-
lars ($18,000.00) in hand paid this day by check, the receipt and
sufficiency of which is hereby acknowledged, together with other
good and valuable consideration, consisting of an obligation to
directly pay any one health care provider selected by Cami Hunter
an amount not exceeding in the aggregate Six Thousand Dollars and
no cents ($6,000) for medical bills which are medically necessary
and actually incurred by Cami Hunter between the date of this
Agreement and Twelve months after the date of this Agreement in the
treatment of injuries sustained by her, arising out of an automo-
bile collision occurring on June 19, 1989 in Denton County, Texas,
and made the basis of this lawsuit ("Other Consideration"), Cami
Hunter, Wayne Hunter and Carlene Hunter, Plaintiffs in the above
styled cause, do hereby release, acquit, and forever discharge
Daniel Joe Beckham and the City of Denton, Texas, their elected
officials, agents, employees, insurers and attorneys of and from
any and all actions, causes of action, claims (including subroga-
tion claims), demands, liabilities, obligations, costs, expenses
CoWomise Settlement Release of All Claims/Page 1
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 suffering, grief, bereavement, loss
of consortium and companionship, mental anguish, loss of earning
capacity, loss of profits, damage to and taking of property, court
costs, attorneys fees, 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 automobile accident which
occurred on or about June 19, 1989, all as more fully described in
the pleadings on file herein to which reference is made for a more
complete description; and do hereby agree to indemnify and save
harmless said Daniel Joe Beckham and the City of Denton, Texas,
their elected officials, agents, employees, attorneys and insurers,
of and from all further claims, including subrogation claims, de-
mands, costs or expenses arising out of the 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 satis-
faction of all damages arising on account of the above described
accident, and that they will receive no further sums of money from
Daniel Joe Beckham or the City of Denton, Texas, their elected
officials, agents, employees, attorneys and insurers as a result of
this accident.
Compromise Settlement Release of All Claims/Page 2
It is expressly understood and agreed that Cami Hunter, Wayne
Hunter and Carlene Hunter have already paid or will pay out of the
aforementioned sum of Eighteen Thousand Dollars ($18,000.00) and
Other Consideration, 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 Daniel Joe
Beckham and the City of Denton, Texas, their elected officials,
agents, employees, attorneys and insurers, from any claims for such
charges.
In further consideration of the payments made by the City of
Denton, Texas, Cami Hunter, Wayne Hunter and Carlene Hunter, ex-
pressly 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 counsel approving this Release. Cami Hunter, Wayne
Hunter and Carlene Hunter further agree to indemnify and hold harm-
less Daniel Joe Beckham and the City of Denton, Texas, their
elected officials, agents, employees, insurers and attorneys from
any claims or causes of action brought by persons or entities
claiming a right, title, interest or claim in the matters herein
released.
It is expressly warranted by Cami Hunter, Wayne Hunter and
Carlene Hunter that no promise or inducement has been offered
except as herein set forth; that this Release is executed without
reliance upon any statement or representation of any person or
parties released or their representatives, concerning the nature
Compromise Settlement Release of All Ctaims/Page 3
and extent of the injuries, damages and/or legal liability there-
for; that acceptance of the consideration set forth herein is in
full accord and satisfaction of a disputed claim for which lia-
bility is expressly denied.
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 the day of
CITY OF DENTON, TEXAS
BY:
. 1993.
LLOYD V. HARRELL, CITY MANAGER
CAMI HUNTER
CARLENE HUNTER
APPROVED:
JERRY E. DRAKE, JR.
ATTORNEY FOR DEFENDANTS
CITY OF DENTON, TEXAS AND
DANIEL JOE BECKHAM
WAYNE HUNTER
DANIEL JOE BECKHAM
APPROVED:
JAMES W. COLESON
ATTORNEY FOR PLAINTIFFS
CAMI HUNTER, WAYNE HUNTER AND
CARLENE HUNTER
Compromise Settlement Release of All Claims/Page 4
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, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene
Hunter, 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 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, 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 day of
1993.
Notary Public, State of Texas
Compromise Settlement Release of All Claims/Page 5
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 Cami Hunter,
known 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, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene
Hunter, 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, Cami Hunter 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 day of
, 1993.
Notary Public, State of Texas
Compromise Settlement Release of All Claims/Page 6
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 Wayne Hunter,
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, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene
Hunter, 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, Wayne Hunter 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
. 1993.
Notary Public, State of Texas
Compromise Settlement Release of All Claims/Page 7
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 Carlene Hunter,
known 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, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene
Hunter, 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, Carlene Hunter 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 day of
1993.
Notary Public, State of Texas
CoWomise Settlement Release of Atl Ctaim/Page 8
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 Daniel Joe
Beckham, 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, Daniel Joe Beckham and Cami Hunter, Wayne
Hunter and Carlene Hunter, 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 execu-
tion of the release, Daniel Joe Beckham 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
1993.
day of
Notary Public, State of Texas
Compromise Settlement Release of All Claims/Page 9