1989-1382786L
ORDINANCE NO _ 9•I3B
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE
SETTLEMENT AND RELEASE OF ALL CLAIMS FOR PENDING LITIGATION
BETWEEN THE CITY OF DENTON AND MATTHEW STRUBLE AND ROSEMARY
STRUBLE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Compromise Settlement and
Release A Claims between the City of Denton and Matthew
Struble and Rosemary Struble, providing for the settlement and
compromise of the litigation now pending between the parties
before the 16th Judicial District Court of Denton County, Texas
in Cause No 87-2773-A, 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
imme ate y upon its passage and approval
PASSED AND APPROVED this the k34A) day of October, 1989
R E , OR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
NO 87-2773-A
MATTHEW STRUBLE AND * IN THE DISTRICT COURT
ROSEMARY STRUBLE
* OF DENTON COUNTY, TEXAS
VS *
THE CITY OF DENTON * 16TH JUDICIAL DISTRICT
COMPROMISE SETT Zn T & RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Forty Thousand
Dollars ($40,000 00) in hand paid this day in cash, the receipt
and sufficiency of which is hereby acknowledged, Matthew Struble
and Rosemary Struble do hereby release, acquit, and forever
discharge the City of Denton, Texas, and its past and present
elected officials, officers, employees, agents, insurers,
attorneys and all other persons, firms or corporations, whether
named herein or not, all and each of them, of and from any and
all actions, causes of action, claims (including subrogation
claims), and demands, on account of, or in any way growing out
of, any and all personal injuries, violation of constitutional
and statutory rights, damage to reputation, pain and suffering,
grief, bereavement, loss of consortium and companionship, mental
anguish, loss of earning capacity, loss of wages, profits and
money, damage to and taking of property, and all other damages
whether known or unknown and whether heretofore asserted or not,
resulting or to result from an automobile collision involving a
vehicle driven by Matthew Struble, which occurred on or about
April 24, 1987, all as more fully described in Plaintiffs'
pleadings on file herein, to which reference is made for a more
complete description, and do hereby agree to indemnify and save
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS rAUL i
harmless the said City of Denton, Texas, and its past and present
elected officials, officers, employees, agents, insurers, and
attorneys from all further claims, including subrogation claims,
demands, costs, or expenses arising out of the injuries and
damages sustained by them as a result of said incident
The undersigned understand and agree that the amount paid
under this agreement is in full satisfaction of all damages
arising on account of the above described events and that they
will receive no further sums of money therefrom The undersigned
agree 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 Matthew Struble
and Rosemary Struble have already paid or will pay out of the
aforementioned sum of $40,000 00 all medical, doctors' and
hospital charges received in the past or to be incurred in the
future and that Matthew Struble and Rosemary Struble will defend,
indemnify, and hold harmless the said City of Denton, Texas, and
its past and present elected officials, officers, employees,
agents, insurers, attorneys and all other persons, firms or
corporations, from any claims for such charges, especially with
reference to any liens under the Texas Hospital Lien Law
It is expressly warranted by the undersigned that no promise
or inducement has been offered except as herein set forth, that
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS PAGE 2
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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 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 DAY OF , 1989
MATTHEW STRUBLE
APPROVED
ROSEMARY STRUBLE
DAVID WACKER
SBN 20652600
606 N Bell Avenue 76201
(817) 566-3951
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS PAGE 3
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this _ day
of , 1989 by Matthew Struble
Notary Public - State of Texas
My commission expires
STATE OF TEXAS
COUNTY OF DENTON
of
This instrument was acknowledged before me on this _ day
1989 by Rosemary Struble
Notary Public - State of Texas
My commission expires
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS PAGE 4
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NO 87-2773-A
ORDER OF DISMISSAL
MATTHEW STRUBLE AND
ROSEMARY STRUBLE
VS
THE CITY OF DENTON
ON this day came on to be considered the Motion of
Plaintiffs, Matthew Struble and Rosemary Struble to dismiss the
above styled case with prejudice The Court, having considered
said Motion, and the pleadings and papers on file, is of the
opinion that said Motion should be granted
IN THE DISTRICT COURT
OF DENTON COUNTY, TEXAS
16TH JUDICIAL DISTRICT
It is therefore ORDERED that the above styled case, and the
claims and causes of action of Plaintiffs, Matthew Struble and
Rosemary Struble against Defendant, The City Of Denton, Texas are
hereby dismissed with prejudice, and with costs of Court taxed to
the party incurring the same
Signed this day of
, 1989
JUDGE PRESIDING
APPROVED
DAVID WACKER
SBN 20652600
ATTORNEY FOR PLAINTIFFS
RONALD H CLARK
SBN 04298100
ATTORNEY FOR DEFENDANT
ORDER OF DISMISSAL SOLO PAGE
NO 87-2773-A
MATTHEW STRUBLE AND * IN THE DISTRICT COURT
ROSEMARY STRUBLE
* OF DENTON COUNTY, TEXAS
VS *
THE CITY OF DENTON * 16TH JUDICIAL DISTRICT
MOTION TO DISMISS
NOW COME Plaintiffs, Matthew Struble and Rosemary Struble
and file this Motion To Dismiss the above styled case with
prejudice for the reason that they no longer wish to pursue any
of their claims or causes of action against Defendant, The City
of Denton, Texas
WHEREFORE, premises considered, Plaintiffs request that this
Court dismiss the above styled case with prejudice and with costs
taxed to the party incurring the same
Respectfully submitted,
David Wacker
606 N Bell Avenue
Denton, Texas 76201
(817) 566-3951
By
David Wacker
SBN 20652600
ATTORNEY FOR PLAINTIFFS
MOTION TO DISMISS SOLO PAGE
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