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1990-112ORDINANCE NO. &:Z AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT RELEASE AND DISMISSAL OF ALL PENDING AND FUTURE CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND LARY MORRIS, ET AL; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Compromise Settlement Release and Dismissal with Prejudice of all Pending and Future Claims between the City of Denton and Lary Morris, Brenda Morris, Individually and as Next Friend of Michael Morris, providing for the settlement and compromise of the litigation now pending between the parties before the 158th Judicial District Court of Denton County, Texas in Cause No. 90-20209-158, 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 _~&day of August, 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AA 1A rVA A %^f U APP VED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY - BY: F(t_ED f0 AU- 10 Fs1 2: 29 NO. 90-20209-158 LARY MORRIS, et al, Plaintiffs § N1~'DISTRI_Cf'COURT V. § 1 H--JUDICIAL 6i~TRICT CITY OF DENTON, Defendant § DENTON COUNTY, TEXAS COMPROMISE SETTLEMENT RELEASE AND DISMISSAL WITH PREJUDICE OF ALL PENDING AND FUTURE CLAIMS THIS AGREEMENT is by and between Plaintiffs, Lary Morris and Brenda Morris, individually and Brenda Morris as Next Friend for Plaintiff Michael Morris, collectively referred to as "Plaintiffs", and the City of Denton, Texas, hereinafter referred to as "City": WHEREAS, on July 4, 1989 Plaintiffs were involved in an accident while traveling northbound in their truck on Foxcroft Street in Denton, Texas when the road surface collapsed beneath them; and WHEREAS, Plaintiffs have filed the above-captioned lawsuit seeking unliquidated damages for personal injuries arising therefrom; and WHEREAS, Plaintiffs claimed as cause of action in the above captioned lawsuit the negligence of the City of Denton; and WHEREAS, bona fide disputes and controversies exist between the parties both as to liability and the amount thereof, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of actions of any kind whatsoever which Plaintiffs have or may have in the future arising out of such occurrence and intend that the full terms and conditions of the compromise and settlement be set forth in this compromise settlement agreement; NOW, THEREFORE, for and in consideration of the recitals set forth above and the sum of Twenty-one Thousand Dollars ($21,000.00), the receipt and sufficiency of which is hereby acknowledged, Plaintiffs have this day released and by these presents do release, acquit, and forever discharge the City of Denton, Texas, its officers, elected officials, attorneys, agents, servants, and employees, and all persons, natural or corporate, in privity with them or any of them, from any and all claims, suits, actions, demands or causes of action of any kind whatsoever, at common law, statutory or otherwise, which Plaintiffs have or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly attributable to the above described occurrence, it being intended to release all claims of any kind which Plaintiffs might have against those hereby released whether asserted in the above-captioned suit or not. It is expressly understood and agreed that the terms hereof are contractual and not merely recitals and that the agreements herein contained and the consideration transferred is to compromise doubtful and disputed claims, avoid litigation, and buy peace, and that no payments made nor releases or consideration given shall be construed as an admission of liability, all liability being expressly denied. In further release of the receipt of funds as above described, the undersigned do hereby agree to indemnify and hold harmless the PAGE 2 City of Denton, Texas and any other person, firm, or corporation bound to defend or pay judgments against it, from and against any and all claims, demands, or causes of action, including claims for contribution or indemnity, medical expenses, and the reasonable necessary costs, including attorneys' fees, incurred in defense of any such claim, which any other claimant has or may have arising out of or resulting from the accident on July 4, 1989, as above described. It is further understood and agreed that the Plaintiffs will present to the Court above designated an Agreed order in the form attached hereto, dismissing such cause in all respects and with prejudice to the rights of Plaintiffs to refile same or any part thereof, and that all costs of suit are to be taxed against the parties incurring same. Plaintiffs Lary Morris and Brenda Morris, individually and Brenda Morris as Next Friend of Plaintiff Michael Morris, warrant that they have each read this Agreement and fully understand it to be a compromise and settlement and release of claims, known or unknown, present or future, that they have or may have against the party or parties released, arising out of the matters described. Plaintiffs Lary Morris and Brenda Morris, individually and Brenda Morris as Next Friend of Plaintiff Michael Morris, warrant that they are of legal age and legally competent to execute this Agreement, and they do so of their own free will and accord after consulting with and acting upon the advice of their attorney, and without reliance on any representation of any kind or character PAGE 3 not expressly set forth herein. Brenda Morris further warrants that she is the natural mother of Michael Morris, and is acting on behalf of and as Next Friend for Michael Morris, and further represents and is of the opinion that the proposed settlement is to the advantage of Michael Morris and is in his best interest. Brenda Morris, Next Friend of Michael Morris, a minor, promises to obtain court approval of this Compromise and Settlement Agreement. rypbrris, 'Plaintiff Brenda Morris, Individually and as Next Friend of Michael Morris APPROVED AS TO FORM ONLY: Gre ory J. 'awko Attorney for Plaintiffs i J ra] Jr. orney f Defendant 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 Lary Morris, 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 full and final release and discharge of the City of Denton, Texas for any 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 the said Lary Morris at the time of execution of the release 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 ~p 44 day of August, 1990. lic, State of Te s JAVMI DILLARD. Notary PYb"tt CRI - In ind for the State Of T~ac MY Gammlaaian bares LZ F 90 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 Brenda Morris, 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 full and final release and discharge of the City of Denton, Texas for any 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 the said Brenda Morris at the time of execution of the release 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 day of August, 1990. No 'c, State of Texas JAvkA' NUAaD Notary Public .'s dicta of T A. M, Wmm.sslon Expires '96 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 Brenda Morris as Next Friend for Michael Morris, 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 on behalf of her natural child Michael Morris 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 full and final release and discharge of the City of Denton, Texas for any 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 the said Brenda Morris as Next Friend for Michael Morris at the time of execution of the release 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 (0 day of August, 1990. No 'c, State of Texas AEM& J in and tOf the S Notary PO CIO • M7 Q.jenSGw~00 PAGE 7