1989-0992740L
NO j9 _OR9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT
AND COMPROMISE AGREEMENT WITH RUBEN AND MARY GONZALES, AND
PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Compromise Settlement and
Release Kgreement between the City of Denton and Ruben and Mary
Gonzales, 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
imme ate y upon its passage and approval
PASSED AND APPROVED this the L- day of , 1989
RAY H ' mp UK
ATTEST
/ E
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY LL-Q?~~
THE STATE OF TEXAS § COMPROMISE SETTLEMENT
AND RELEASE OF ALL CLAIMS
COUNTY OF DENTON §
For and in consideration of the sum of Ten Thousand, Five
Hundred Dollars ($10,500 ) in hand paid this day in cash, the
receipt and sufficiency of which is hereby acknowledged, Ruben
Gonzales and Mary Gonzales do 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 March 18, 1989
in which, we 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 expense 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 for all damages
arising on account of the above described incident and that she
will receive no further sums of money 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 Ruben G tzaofs tand
he
out
Mary Gonzales have already paid or will pay
aforementioned sum of Ten Thousand, Five Hundred Dollars ($10,500 )
all medical, doctors' and hospital charges received in the past or
to be incurred in the future and that they 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
RUBEN GONZALES
Page Two
it is expressly warranted by Ruben Gonzales and Mary Gonzales
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
i.n7uries, damages and/or legal liability therefore, that acceptance
consideration of the 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 ~I day of a~ - 2~' 1989
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me b Ruben Gonzales
and Mary Gonzales on this the 316j day of
~rry LINDA HOLLEY
Notary Public
* * STATE OF TEXAS
of ry Public, ~tate~Texas
Ap,1 4 My Comm Exp Dec 4 1989
My
2 J A"
Ruben Gonzal