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1993-062b:\setlment.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 WRIGHT 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 Wright v. City of Denton, providing for the settlement and com- promise of the litigation now pending between the parties in the 362nd District Court, Denton County, Texas, Cause No. 90-30335-211 in accordance with terms that have been approved by the City Attor- ney and to expend the funds designated in such Release. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. 27 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 90-30335-211 DEBBIE S. WRIGHT § IN THE DISTRICT COURT V. § OF DENTON COUNTY, TEXAS THE CITY OF DENTON, TEXAS § 211TH JUDICIAL DISTRICT COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Ten Thousand Two Hundred and Sixty-three ($10,263.00) Dollars in hand paid this day by check, the receipt and sufficiency of which is hereby acknowledged, Debbie S. Wright and Paul H. Wright do hereby release, acquit, and forever discharge the City of Denton, Texas, its elected officials, agents, employees, insurers, and attorneys of and from any and all actions, causes of action, claims (including subrogation claims), demands, liabilities, obligations, 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 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 December 8, 1989, all as more fully described Compromise Settlement Release of all Claims/Page 1 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 City of Denton, Texas, its elected officials, agents, employees, attorneys and insurers, of and from all further claims, including subrogation claims, demands, 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 satisfaction of all damages arising on account of the above described accident, and that they will receive no further sums of money from the City of Denton, Texas, its elected officials, agents, employees, attorneys and insurers as a result of this accident. It is expressly understood and agreed that Debbie S. Wright and Paul H. Wright have already paid or will pay out of the aforemen- tioned total sum of Ten Thousand Two Hundred and Sixty-three ($10,263.00) Dollars 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 City of Denton, Texas, its 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, Debbie S. Wright and Paul H. Wright, expressly warrant and represent that (other than medical charges discussed above) no assignment, pledge, sale or transfer of any right, title, Compromise Settlement Release of all Claims/Page 2 interest or claim which is released herein has been made, except to counsel approving this Release. The Wrights further agree to indemnify and hold harmless the City of Denton, Texas, its 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 Plaintiff that no promise or in- ducement 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 considera- tion set forth herein is in full accord and satisfaction of a dis- puted claim for which liability 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 3~,A day of 1993. CITY OF DENTON, TEXAS / I cA B , e 6 . 404 V. HARRELL CITY MANAGER Compromise Settlement Release of all Claims/Page 3 EBBIE S. WRIGHT APPROVED: -MICHAEL A. BUCEK ATTORNEY FOR DEFENDANT CITY OF DENTON, TEXAS PAUL H. WRIGHT APPROVED: Z--*" -az FREDERICK A. PASTOR ATTORNEY FOR PLAINTIFF 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 and Debbie S. Wright, 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. ovJ ` % EJAAW~My J MLLIAMS + STATE No"PudAa s ota Publi State of Texas OF TO Jl''~ or scti~ My Comm. Exp. May 15, 1993 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 Debbie S. Wright, 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 and Debbie S. Wright, 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 execu- tion of the release, Debbie S. Wright 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. :.oa~ooooc~r~e~e~o:~c~oeaoao+aaonooo g /I~,~~~ ~i% ~ ✓~'LG.G- ~ 8 0_-° MELISSA Ft DO"""' Notary Public, State of Texas Notary Public. State 01 Texas My Commission Expires 12-23 1995 00000000000000000000000OO0W0o0c Compromise Settlement Retease 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 Paul H. Wright, 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 Debbie S. Wright, 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, Paul H. Wright 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. G VEN under my hand and seal of office this the day of ~g , 1993. ooooc+ooo ~ ~ r g 0000 0°"°"°°°o0000 00 \ (l ~~G~il d 7 C~o 00 R 1 MELISSA R DeREMUS Notary Public, State of Texas Notary ~61ic. Sfate of Texas My Commission Expires t2 23-1995 Compromise Settlement Release of all Claims/Page 7