2011-039ORDINANCE NO. 2011-039
AN ORDINANCE APPROVING A FULL PROPERTY DAMAGE RELEASE OF ALL
CLAIMS BY THE CITY OF DENTON, TEXAS AGAINST LINDSAY PALMER AND
BOBBY PALMER, IN SETTLEMENT OF A CLAIM ARISING ON OR ABOUT MAY 1,
2009; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE
ACTIONS NECESSARY TO FINALIZE SETTLEMENT OF THIS CLAIM; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Full Property Damage Release of
All Claims by the City of Denton, Texas against Lindsay Palmer and Bobby Palmer, a copy of
which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or his designee, and the City's Attorneys are hereby
authorized to act on the City's behalf in approving and executing any and all documents
necessary or appropriate to effectuate the terms of the settlement, and to take other actions
necessary to finalize the settlement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 201)1 - AW MARK A. BURROUGHK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
ZA0ur DocumenlslOrdinoaces1111xarenvorks release ordl=ce.doc
08/25/2009 18:42 FAX @ 003/005
FULL PROPERTY DAMAGE RELEASE OF ALL CLAIMS WITH INDEMNITY
Claim 09-1616242
KNOW ALL BE THESE PRESENTS, that I (we), Tom Keel on behalf of the City of Denton. TX for and in
consideration of the sum of Twenty five thousand seven dollars (525.007.00), the receipt whereof is hereby
acknowledged, does/do hereby for my heirs, executors, administrators, successors and assigns and any and all other
persons, firms, employers, corporations, associations, or partnerships release, acquit and forever discharge Lind
Palmer and Bobby Palmer of and from any and all property damage claims resulting from an automobile accident
which occurred on or about May 1.2009. at or near 2400 Hardee Field and East Sherman, Denton, TX.
It is understood and agreed that this settlement is in full compromise of a doubtful and disputed claim as to the nature
and extent of the property damages, and that neither this release, nor the payment pursuant thereto shall be construed
as an admission of liability, such being denied
It is further understood and agreed that the undersigned relies wholly upon the undersigned's judgment, belief, and
knowledge of the nature, extent, effect, and duration of said property damages and is made without reliance upon any
statement or representation of the parry or parties hereby released or their representatives,
In consideration of the payment of the sum, the undersigned further agrees to indemnify Lindsay Palmer and
BgbbX Palmer and save them harmless from any and all further property damage claims arising because of any
property damages, and, if necessary in order to save them so harmless, to satisfy on their behalf and judgment against
them arising in any way out of the aforesaid accident.
Any person who knowingly and with intent to defraud any insurance company or other person files a
statement of claim containing any materially false informadon, or conceals, for the purpose of misleading,
information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime.
THE LT"ERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
Signed Date witness Dare
Signed Date Wimess Date