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.
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8 0_-° MELISSA Ft DO"""' Notary Public, State of Texas
Notary Public. State 01 Texas
My Commission Expires 12-23 1995
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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.
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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