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1989-0742708L AN ORDINANCE OF THE CITY AND COMPROMISE AGREEMENT AN EFFECTIVE DATE NO OF DENTON, TEXAS, APPROVING A SETTLEMENT WITH PATSY DANIELS, AND PROVIDING FOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached compromise Settlement and Release of All Claims Agreement between the City of Denton and Patsy Daniels, 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 dmake ltrhethe payments terms n said such action as is necessary comply agreement SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the lday of , 1989 RAY STE ENS MAYOR ATTEST J I EL` ER , CITY SECRETARY A ROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2042L THE STATE OF TEXAS S COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS COUNTY OF DENTON S For and in consideration of the sum of Thirty Thousand Dollars ($30,000) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, Patsy Daniels does hereby release, acquit and forever discharge the City of Denton, Texas and all other persons, firms or cootst whether named herein or not, Keith Smith, his agents, employees, tamily members and insurors, 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, outexpenses and com-of any and ail pensation on account of or in any way growing bereavement, loss personal injuries, pain and suffering, 9 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 resu19t89from the collision which occurred on or about January 24, which, I do hereby agree to indemnify and save harmless the said City of Denton, Texas of and from all further claims,cu~ coludthe subrogation claims, demands, costs or expenses arisinult of said res injuries and damages sustained by them as 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 uand that ndersigned agreesshe will receive no further sums of money not assert or prosecute any further claims o lawsuits otherwise or not herein or against anyone whomsoever, nst named, described or identified Any and all claima~e ahereby parties not specifically released herein, if any, assigned in full to the parties hereby released It is expressly understood and agreed that Patsy Daniels has already paid or will pay out of the aforementioned sum of Thirty Thousand Dollars ($30,000) all medical, doctors' and hospital hold incurred harmless the future and and be charges 2e inpast r demnify to that they will defend, City of Denton, Texas and Keith Smith and all other persons, firms or uch woithorefeorenceotoaanyfliiens an nder1thefT xas Hospitale LiensLawlally It is expressly warranted by Patsy Daniels that no promise or inducement has been offered except as herein set forth, that this Release is executed without reliance upon any statement or repre- sentation of any person or parties released or their representa- tives, 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 This document contains the entire agreement of the parties hereto The provisions of this release are contractual and not mere recitals 1989 WITNESS my hand this day of Patsy aniels Harrell qj4pV1 THE STATE OF TEXAS 5 COUNTY OF DALLAS S This instr}}ment was acknow dged before me by Patsy Daniels on this the 1 day of 1989 LINDA NOUSDEN NOTARY PUBLIC STATE OF TEXAS MFCom *nExomA%2119W NOTARY PUBLIC, STATE OF TEXAS My Commission Expires ~ a~ 9 / THE STATE OF TEXAS S COUNTY OF DENTON S On this /J4/ day of June, 1989, before me, the undersigned Notary Public, personally appeared Lloyd V Harrell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as City Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it WITNESS my hand and official seal LINDA MOUSDEN NOTARY PUBLIC, STATE OF TEXAS SmyCemma nExpasAug 211991 NOT Y PUBLIC, STATE OF TEXAS w~