1990-027ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE
SETTLEMENT AND RELEASE AGREEMENT WITH DIANNE SCRUGGS; 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 Dianne Scruggs,
providing for the settlement and compromise of the claim now
pending 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 the4j day of 141604~ , 1990.
RAY S H S, MAYOR
ATTEST:
JE NIFE ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
Lmqa~
BY:
THE STATE OF TEXAS § COMPROMISE SETTLEMENT
AND RELEASE OF ALL CLAIMS
COUNTY OF DENTON §
For and in consideration of the sum of Twelve Thousand Nine
Hundred Seventeen and 59/100 Dollars ($12,917.59) in hand paid this
day in cash, the receipt and sufficiency of which is hereby
acknowledged, Dianne Scruggs does hereby release, acquit and
forever discharge the City of Denton, Texas and all other persons,
firms or corporations, whether named herein or not, his agents,
employees, family members and insurers, all and each of them, of
and from any and all actions, causes of action, claims (including
subrogation claims), and demands, damages, costs, loss of services,
expenses and compensation on account of or in any way growing out
of any and all personal injuries, pain and suffering, grief,
bereavement, loss of consortium and companionship, mental anguish,
loss of earning capacity and property damage, whether known or
unknown and whether heretofore asserted or not, resulting or to
result from the collision which occurred on or about June 19, 1989,
in which Dianne Scruggs does 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 expense
arising out of the injuries and damages she sustained as a result
of said incident.
The undersigned understands and agrees that the amount paid
under this agreement is in full satisfaction for all damages
arising on account of the above described incident and that she
will receive no further sums of money. The undersigned agrees to
not assert or prosecute any further claims or lawsuits therefore
against anyone whomsoever, whether or not herein or 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.
It is expressly understood and agreed that Dianne Scruggs has
already paid or will pay out of the aforementioned sum of Twelve
Thousand Nine Hundred Seventeen and 59/100 Dollars ($12,917.59) all
medical, doctors' and hospital charges received in the past or to
be incurred in the future and that she will defend, indemnify and
hold harmless the said City of Denton, Texas and all other persons,
firms or corporations, of and from any claims for such charges,
especially with reference to any liens under the Texas Hospital
Lien Law.
It is expressly warranted by Dianne Scruggs 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 to their
representatives, concerning the nature and extent of the injuries,
damages and legal liability therefore; that acceptance of the
consideration set forth herein is a full accord and satisfaction of
a disputed claim for which liability is expressly denied.
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 4 day of , 1990.
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acngwledged before me by Dianne Scruggs
on this the ram` day of ~-iS Lk CLh 1990.
Public, State of Texas
my commission Expires:
JEANETTE SCOTT
n yJ NOTARY PUBLIC, STATE of TEXAS
j~rE pF tf MY Commission Enos Mar. 31, 1!!3
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