1993-049b:\amberson\setlment.ord
ORDINANCE NO. ~')G
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 FRITZ 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 Fritz v. City of Denton, providing for the settlement and
compromise of the litigation now pending between the parties in the
362nd District Court, Denton County, Texas, Cause No. 91-40716-362
in an amount not to exceed Thirteen Thousand Eight Hundred and
Seventy-five Dollars ($13,875.00).
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approva~l,.~°a~~
PASSED AND APPROVED this the 14! day of 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY• D
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY : L
CAUSE NO. 91-40716-362
JOYCE FRITZ § IN THE DISTRICT COURT OF
VS. § DENTON COUNTY, TEXAS
THE CITY OF DENTON, TEXAS § 362ND JUDICIAL DISTRICT
COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Thirteen Thousand Eight
Hundred and Seventy-five ($13,875.00) Dollars in hand paid this day
by check, the receipt and sufficiency of which is hereby acknow-
ledged, Joyce Fritz does hereby release, acquit, and forever dis-
charge 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), and
demands, on account of, or in any way growing out of, or which may
in the future grow out of, any and all personal injuries, viola-
tions of constitutional or statutory rights, 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, costs, loss of services,
and all other damages, whether known or unknown, and whether here-
tofore asserted or not, resulting or to result from a slip-and-fall
accident which occurred on or about December 14, 1989, all as more
fully described in the pleadings on file herein to which reference
is made for a more complete description; and does hereby agree to
Compromise Settlement Release of All Claims/Page 1
indemnify and save harmless said City of Denton, Texas, its agents,
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 her 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 she will receive no further sums of
money from the City of Denton, Texas, its agents, attorneys and
insurers as a result of this accident.
It is expressly understood and agreed that Joyce Fritz has
already paid or will pay out of the aforementioned total sum of
Thirteen Thousand Eight Hundred and Seventy-five {$13,875.00}
Dollars all medical, doctors' and hospital charges received in the
past or to be incurred in the future by her and that she will
defend, indemnify and hold harmless said City of Denton, Texas, its
agents, attorneys and insurers, from any claims for such charges.
It is expressly warranted by Plaintiff that no promise or in-
ducement has been offered except as herein set forth; that
Plaintiff was not married at the time of the incident and that
there are no persons known to Plaintiff who may assert a claim for
loss of consortium arising out of this incident; that this Release
is executed without reliance upon any statement or representation
of any person or parties released or their representatives,
concerning the nature and extent of the injuries, damages and/or
Compromise Settlement Release of All Claims/Page 2
legal liability therefor; that acceptance of the consideration set
forth herein is a full accord and satisfaction of a disputed claim
for which liability is expressly denied.
FOR THE SAME CONSIDERATION, it is agreed that the above styled
suit will be dismissed with prejudice to refile the 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 -1-I day of May, 1993.
CITY OF DENTON, TEXAS
B
LLOY V. HARRELL
CITY MANAGER
JOY E f RITZ
APPROVED:
/ JERRY E. Dfi KE, JR.
ATTORNEY,,FOR DEFENDANT
CITY OF'DENTON, TEXAS
Compromise Settlement Release of All Claims/Page 3
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 Joyce Fritz, 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 com-
pletely sober, sane, and capable of understanding the character of
his acts and deeds and was in complete charge of all of his facul-
ties 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
-May, 1993.
J. WILLIAMS 140t ark PubState of Texas
.I IMP fAWSM EXPIRES
MAY 16, 1997
Compromise Settlement Release of All Claims/Page 4
THE STATE OF TEXAS S
COUNTY OF DENTON S
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Joyce Fritz,
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 Joyce Fritz, 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, Joyce Fritz 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
May, 1993.
rfa r,+ VINITA WADE
NOTAFZY PUBLIC
dj~
cat % r.AmM Eaa. 06-11-94 ~
Notary Public, State of Texas
Compromise Settlement Release of All Claims/Page 5