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
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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
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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