1991-053dentco
ORDINANCE NO -65r3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE
SETTLEMENT AGREEMENT BETWEEN THE COUNTY OF DENTON AND CITY OF
DENTON, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Compromise Settlement and Release
of All Claims between the County of Denton and City of Denton,
providing for the settlement and compromise of the litigation now
pending between the parties before the 367th Judicial District
Court of Denton County, Texas, Cause No 87-4366-367, is approved
in accordance with its terms 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 a hd day of April, 1991
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY D
,
~ ~ rp
NO 87-4366-367
DENTON COUNTY, TEXAS
§
Plaintiff,
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§
VS
§
CITY OF DENTON, TEXAS,
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§
Defendant,
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IN THE DISTRICT COURT OF
DENTON COUNTY, TEXAS
367TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT & ...RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND
AND N01100 DOLLARS ($100,000 00) in hand paid this day in cash, the
receipt and sufficiency of which is hereby acknowledged, Denton
County, Texas, acting by and through the county Judge of Denton
County, Texas, who has been duly authorized by a vote of the County
Commissioners of Denton County, Texas, to execute this Agreement,
does hereby release, acquit, discharge, and quitclaim unto the City
of Denton, Texas, a municipal corporation incorporated in Denton
County, Texas, and those in privity with it, whether named herein
or not, all and each of them, of and from any and all actions,
causes of action, claims (including contribution and subrogation
claims), and demands, on account of or in any way growing out of
any and all negligence, conspiracies, intentional misconduct,
wrongful claims handling, violation of statutory or common law
duty, breach of any duty of good faith and fair dealing, breach of
contract or warranty whether express or .implied, loss of earning
capacity, loss of wages profits and money, unjust enrichment,
damage to and taking of property, attorney's fees, pre and post
judgment interest, and all other causes of action and damages
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 1
whether known or unknown and whether heretofore asserted or not,
connected with or resulting from the payment by Denton County,
Texas, of funds for any and all medical or health services,
including, but not limited to, payments for in-patient care, out-
patient care, emergency care and treatment, surgery, and drugs,
which occurred at any time before the date of this Agreement, all
as more fully described in Plaintiff's various pleadings on file
herein, to which reference is made for a more complete description,
and do hereby agree to indemnify and save harmless the said City of
Denton, Texas, of and from all further claims, including
subrogation claims, demands, costs, or expenses arising out of any
injuries, damages, and monetary losses, sustained by Denton County,
Texas, as a result of such payment for medical or health services
Denton County, Texas, understands and agrees that the amount
paid under this Agreement is in full satisfaction of all damages
and losses arising on account of the above described payments for
medical and health services, and that it will receive no further
sums of money from the City of Denton, Texas
Denton County, Texas, agrees that the City of Denton, Texas,
in the absence of either a future contractual obligation duly
approved by the City of Denton, Texas, or enactment by the State
Legislature of new legislation requiring payments for medical
services or health care on the part of the City of Denton, Texas,
shall have no further duty under statutory or common law, to make
any payment or reimbursement to Denton Count*Y, Texas, for the
provision of any medical service or health care, including, but not
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 2
limited to in-patient care, out-patient care, surgery, and drugs,
whether such services were rendered before the date of this
Agreement or are rendered in the future
It is expressly warranted by Denton County, Texas, 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 and extent of the injuries,
damages and/or legal liability therefore, that acceptance of the
consideration set forth herein is a full accord and satisfaction of
a disputed claim, which is incapable of being exactly determined,
and for which liability is expressly denied
FOR THE SAME CONSIDERATION, it is agreed that the above-styled
suit will be dismissed with prejudice to refiling the same, and
that costs of court will be taxed to the party incurring the same
This document contains the entire agreement of the parties
hereto THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS
WITNESS MY HAND THIS
(COUNTY SEAL)
DAY OF
1991
County Judge, Denton County, Texas
ATTEST
Tim Hodges, County Clerk
Denton County, Texas
APPROVED
James P Allison,
Plaintiff's Attorney
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 3
STATE OF TEXAS
*
COUNTY OF DENTON
This instrument was acknowledged before me on this _ day of
, 1991, by V~Gk.-Bt g S, as County Judge of Denton
County, Texas
Notary Public - State of Texas
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 4