1991-110ORDINANCE NO 91 //l9
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE SETTLE-
MENT AND RELEASE AGREEMENT WITH MICHAEL WILSON, AND PROVIDING FOR
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached compromise settlement and
Release Agreement between the City of Denton and Michael Wilson,
providing for the settlement and compromise of the claim now pend-
ing between the parties is approved in accordance with its terms,
and the City Manager is authorized to execute the agreement and all
other documents and make the payments and take such action as is
necessary to comply with the terms of said agreement
SECTION II That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ,3dday of ~kbjj 1991
BOB CASTLEBERRY,
ATTEST
NNI R WALTERS, CITY ECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY OAA~4~
2390L
THE STATE OF TEXAS §
COUNTY OF DENTON §
RELEASE AND SETTLEMENT
IN FULL OF ALL CLAIMS
It is hereby agreed by and between Michael Wilson and the
CITY OF DENTON as follows
I.
FOR AND IN CONSIDERATION of the payment to Michael Wilson the
sum of Eighteen Thousand Five Hundred and No/100 Dollars
($18,500 00), the receipt of which is hereby acknowledged, Michael
Wilson, being of lawful age, does hereby release, acquit and for-
ever discharge the CITY OF DENTON, its agents, officers, and em-
ployees, elected officials and attorneys, and CRAIG FITZGEARLD,
his family, relatives, insurers, and attorneys of and from any
and all actions, causes of action, claims, (including subrogation
claims), demands, costs, loss of service, expenses and compensa-
tion, on account of, or in any way growing out of, any and all
known and unknown personal injuries, violation of statutory or
constitutional rights, damage to reputation, property damage,
pain and suffering, mental anguish and loss of earning capacity,
loss or damage to familial relationship, and whether heretofore
asserted or not, resulting from or growing out of certain events
which occurred on or about the 13th day of October, 1989, in the
City of Denton, Texas, which resulted in my arrest and detention,
investigation and subsequent trials arising from such arrest, or
from any other event which occurred prior to the date of this
release.
II.
Michael Wilson represents to the CITY OF DENTON that in
making this release it is understood and agreed that he relies
wholly upon his judgment, belief and knowledge of the nature,
extent and duration of said injuries as well as the liability
questions involved, and that he has not been influenced to any
extent whatsoever in making this release by any representations
or statements regarding said injuries, or liability, or any other
matters, made by the persons, firms or corporations hereby re-
leased, or by any person(s) representing, or acting for him or
them
III
Michael Wilson represents he is unmarried and was not married
on October 13, 1989
IV.
It is further understood and agreed that this settlement is
in FULL SATISFACTION OF ALL DAMAGES of a doubtful and disputed
claim, and that the payment of said sum is not to be construed as
an admission of liability on the part of the City of Denton, by
whom liability is expressly denied
Michael Wilson understands and a rees that this payment is in
full satisfaction for all damages arising on account of the above
described incident and that he will receive no further sums of
money and that he hereby agrees to not assert or prosecute any
further claims or lawsuits therefor against anyone whomsoever,
whether or not herein otherwise named, described or identified
Any and all claims against parties not specifically released
herein, if any, are hereby assigned in full to the parties hereby
released.
This release contains the ENTIRE AGREEMENT between the parties
hereto, and the terms of this release are contractual and not a
mere recital
1991 WITNESS my hand and seal this the s24ot day of
M
WILSON
APPROVED AS TO FORM
JG
ATTORN Y FOR MICHAEL WILSON
CITY OPSENTON, TEXAS
APPROVED AS TO FORM
CITY ATTORNEY
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THE STATE OF TEXAS §
COUNTY OF DENTON §
On this day of ,111;1/ , 1991, before me, the
undersiggned Notary Public, parbonally appeared Michael Wilson,
personally known to me to be the person described herein, and who
executed the foregoing instrument and acknowledged that he volun-
tarily executed the same.
WITNESS my hand and official seal
9 DON WILMARTH
ONyotCao,my Public State of Texas ~2LX~ k"I
Melt69 NEsylles 8/12/93 NOTARY PUBLIC9 STATE OF T
My Commission expires. ^ 2-95
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