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Hooks Ordinance and SettlementORDinANCE NO. 22-1862 AN ORDINANCE APPROVING A SETILEMEVr AGREEMEVr AND RELEASEIhwLENnNTING TIUE TERMS OF THE SETrLEMmT IN LITIGATION STYLED“MACKINZIE HOOKS v. CFFY OF DENTON. “ CAUSE NO. 21-105 G+Jl:31, PENDING IN THE43 IsT JUDICIAL DISTRICT COURT, DENTON COUVIY, TEXAS; AND DIRECTING TrUECITY MANAGER OR DESIaqEE AND TIm CITY’S ATrORNEYS TO EFFECTUATE ASNECESSARY AND APPROPRIATE THE TERMS OF A SETtLEMENT AGREEMENT ANDRELEASE TO EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTrVEDATE THE couNcnl OF THE CITY OF DENTON HEREBY ORDAnqs: SECTION 1. The City Council hereby ratifies and approves the proposed settlement of litigation styled ''Mackinzie Hooks v. City of Denton, ” Cause No. 21-1056443 1, pending in the 431't Judicial District Court, Denton County, Texas, under terms set forth in the attached Settlement Agreement and Release. SECTION 2. The City Manager or 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 temls of the settlement, and to take other actions necessary to finalizethe settlement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. secod-'ti§T=.;:dh-"'' "'; "" THuM:J@:L by the following vote [b - U: Aye Nay Abstain Absent Mayor Gerard Hudspeth,/ \/, b/ Vicki Byrd, District 1 : Brian Beck District 2: Jesse Davis. District 3:P’ Alison Maguire, District 4:V/ \/ / Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the Q[}nday of September, 2022. GE]TRmFTlrMlVTR As11111111/ATtEST: ROSA RIOS, CITY SECRETARY b_daz’ . 'P/P= - APPROVED AS TO LEGAL FORM: MACK REn{WAND, CITY ATrORNEY EXHiBrr &W’ Settlement Agreement and Release Release of ClaIms and Di$charga 8.In consideration for the paymmt d£saa> ed in Paragwb 10 of this Agreement, Plaintiff hweby conpletely nleasa and forwu dischaqn and wquits the Released Parti® from, and agrees that the sum so paid shall be in fUll and anal saisaction and compromise ot all actions, causa of action, claims (including submgation claims, claims for contdbudon orindmity as to money paid in connection with t:his settlernent) and demands, on acoount oC in coaaecdon with, or in my way growing out of or relating to any md all negligence, iatmtiana] misconduct, retaHatian, violation of any state or federal statutes or codes, breach of any duty of good faith and fair dealing, death, personal injuries, physical or natal impairment, all incidents and contact with my City of Denton anployee (or official orrepesenbdve), darruge to nputado& pain and suaaing, grief, beruvement, loss of consortium, loss of companionship, damage to familial relationship, mental anguish, psychic hrjuy, hundliaEio b &Id emotional stress, dis£gwsma& loss of quality of life, loss of earning cq)a£ity, loss ofbeae6ts, loss ofretinment, loss of household service$, 1oss of wag% loss of back wagn, loss of sMority, loss of lxoarotional oppnunides, Ioss of pro6Bp loss of money, damage to property, bkbrg of property, attorneys’ fees, court costs, pre- aId Inst-j@Xnentintare8t, and aU other musa of action and damaga whether known ar unknown, past, present, and allure, and whether hnetofore asserted or not, owned or po©es8ed byPkhdaagair6t any of said Released Pardes growing out of said incidents or thb settleme@ or any event which occured prior to the date of this settlement Plainti# further assigns all of the rights and remediw relmud in this WWpb or arising Rom the Incident to the City of Denton, Texas, jointly and severally. a.Plaindff represents and warrants that she has not assi@ed Or hansfened anY right, title or interest to any claimsp demands actions, ort,aases of action released hereby to any person, finn, or business entiV. b.PlaiatiRun,d£rstznds and agrees that the amount paid under this agreement is hIll satisfaction of all injuries and damagw ads&lg on account of the above<lescdbed events and that she will receive no further sums of !uonqy there hom. It is expressIY understood and agreed that P}ainW has already paid (or will ruolve out of the Setdeamrt Payment) all property dam8ges, all mahal, doctors’, and hospital cMgas recnived iII the pat or to be hcwnd in the 6rtun and all child supwrt and family Hms. Plainda and her attornqo hereby acknowledge and agee it is theR responsibiBty to ersure the saa&radon of all lien claims, including but not limited to woIkers oompmsation, Medicare, Medicaid, hospital, medical provideR. and health bWuraIU,e haw) and child support and Madly ]ims from the Settlement Payaleat Plaintia agrees to not assert or pmsewte in anY folum anY Rather complaints, claims, or lawsuits th@efor aMt anYone whomsoever in relation to the Inl#idenKs)> whether or not herein orodrerwise named, dacribed, or identified. C.Plain68hneby represents and wallaIrIS to the Released Parties and to the Coun tha IIO proud swi representadornp or agreements not set out herein have been made tO herp aat this Agreeannt b exeauted without reliance upon any statement or Compromise Selden,M AgremerR md Release ofClaiau (H80k3, Mackinzle)Page 2 $f 9 Other Paymentb Costs, and EIjnnsa. 12.Except for the Setdment Payrnmt, Released Parties are mt obligated to make any other payments and the Parti® must bear their own court costs, attorney fees, and any otherexpenses incurred in the Lawsuit or relating to the Inddern Warrantia. 13. PlaintiRwalrmb that: I b. she has fUll capadty and authority to execute the AgleemenB she has not assigned or trans&wed day rights or claims for damag® that she is reI@Mg in this Agnmmt; C.arne are no outstandbrg or lmpaid - in whole or h part - subrogation claims, including without Hrnitadon medical subrogation claims that relate in any way to the inddents alleged in the lawsuit, and: i. :Fhm are no lions - equitable, common-law, or statutory – that relate in any way to the Incidents alleged in the lawsuib including withart limitation hospital liam, medical MedicardMedic8id or other hms, or medical insurance subrogatioa claims which have attacInd or could attach to my consideration given in this Agreanmt, or which could form the basis of any claim or penalty against the Released Parties; or ii. Plaintiahas obtained – and filed with the proper once(s) – a arll and final release of any Hens – equitable, common-law, or statutory – including without Haabtion hospital Hens, which have attached or could attach to any consideration given in this Agree{neal or which could form the basis of any claim or penaltyagainst the ReI%sed Parties. iii. PlaintiHrepre8ents and warrants that she has not rweived Medicare benefits for any medical treatment, including a%hunt for any work injuries, as a result of the Incident; tlmt she does not cuTeatly tuve pmdin8 an qplication for Medicare bene6b; that gle does Int intend to apply for Medi ure benefits within the next MV months; that she rnderstaads that if she does qply for Medicare barefits wEbb the next thhty months and submits bills for treatment of any alleged injuries arising ann the Incident, that these bills may be denied by Medicare. Plaintiff represenB ard warrants aut the pwpose of this Agrwment is not tD shift responsibility for payment of medical expenses resulting &on the alleged injuriesto Medicare. Plaintiff understands that the Released Parties have relied upon this informadon in consideration of the settlmlent ofPlaintiRs claims. d.It is expressly wanantul Out Plahldff has paid, or art of said sum, will my or satisfyr, any outstanding hms, any liens under the Taxa'; FamiIY Code: child suPPR wrd family BeIng hospital liens, claims, medical insurance submgation claims, CompromIse Setdemmt Agreement and Release of Ching (Hooks, Mackinde)Page 4 of 9 D+IS BROUGHT BY OR ON BEHAIF OF ANY GOVERNMENT OR TAXING ENTITy ASSERTING A TAX OBLIGATION9 WT£RBT) PENALTY OR OTHER OBLIGATION ARrsnlc FROM PAyMFNT orTn£ Srrn.£MrNr PROC££DS; OR &IS BROUGHT BY OR ON BEHALF OF ANY GOVERNMEMrAL ETiTrrY SEEKING RZrMBURS£M£NT or rArD MONETARy B€NEFrrs FOR WHrcu PLArVnrF mawr BZ D8TgRMrN£D TNCLICIBLE AS A ooNs£Qu€NC£ ov ErrwR THt INCIDzvr OR TEas SETiLmaENrB Lhnited CoaadentiaHty. 16.PlaintiR, joined by her attomeys, &nIlly, and agents, walluas that the terms of this Agreement shall be kept om6deatially by than, except that the matter was resolved without any finding of wrongdoing by the Released Parties. The und©signed agree that said persons shall not talk discuss, nluse, publish, or otherwise make known to anyone, including nlvesentatives of the press, new media, radio, television, internet, social media, or other pasow wi& the purpose of discloswe of the terms of this agnemeat, unless recFlired by a court of competent 3udsdiction. Plainti#rwognins that City of Denton, is obligated to comply with the Texas Public Information Act/rexas Open Records Act md/or Open Meet@ Act, and may provide hrfanaation aix>ut this Agreement, consistent with those obligatims. Governing Law and Venue. 17-In the case that a dispute should arise regaaiing the Agreement or any of its provisions, the Pardes agree dut its term and ptovisions are to be construed solely in accordance with the laws of the State of Twas, and that any lawsuit which involva this Agreement (directly or indirectly), or any provision of this Agreement, may only be filed and litigated in a court of competent jurisdiction in Denton eQUIty, Texas. Additional D@cuments. 18.All Pardes agree to cooperate fully and execute any and all supplmmtary documents and to take all additional actions which may be necessaly or apprupHate to give fUll R)roe and effect to Ole basic elms and heat of this Agnearent. This Agteement may be executed in multiple counterparts, with nproduced signature pages attached as necessary to evidence approval. Scanned or photocopied coli% of this document shall be regarded as duplicateoriginals, Full CI)pia of this Agreement and all sigMtun paB% shall be dehvend to all Parties through their rapwtive legal counsel. Entire Agreement and Successors in Interat. 19.TIle Agreement contains the entire agremaat and understanding between the Parties, is conuactual and not mwe recital, and shall be binding upon and blum to the benefit of the Parties. This Agreement raIders any Monsistent prior agreements and understandings between the Parties void. The Parties do not intend any third-party beneficiaries of this Agreanmt (save and except those described in the denation of Released Parties above) CompromIse Settlement Agnemeat gad Release ofClaiar$ (Hooks1 Macktnzle)Page 6 $f 9 28.Released Parties can satisfr any notice or delivery nqubeineat oftlds Agwaaurt through Pl8intins Counsel wIns and until Phinti#pmvides wdtten notice of a new desigpee for notice to PlaintiR h a signed and notarized doc:umM delivered to an Released Panics. Plainda caa s8dsfr any notice requirement arisiq aon this Agre>ement though legpl counsel for the Relmsed Parties or their nspwave desi9rees. ARm tHs Agreement becomes eaective, if my of the Parties b6axnes aware that any claim, dispute, or other prwwding relating to the Incident or this Agrwment is being alleged or asserted by any &kd party against one or more odIn Putin, they shall use r%§mable efforts to provide notice of same tD the ottIn Parties as soon as practicable, PLADWnFF SIGNATURE: DaeofSignam„, q--\b’mai BEFORE ME, the undusinned authority, on this day pusomlly appeared Mackinde Hooks who is known to me to be the prison whose name is subscribed to the foregoing instrument, who is personally known by me m by providing ly \)five£s Li LeAK. as qua]i84ngidenti6mtion. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS IS S+ p+wb\r . 2022. DAY OF t aP qk+ +b ++J aBInAEOQXHIMID+DWblW aM \+bAli*+ .. q, C„, NotafyFubHc – State of Te/as 1, the undersigned attorney for Pl8intiffMackinzie Hooks, do hereby certify that Mackhzie Hooks has stated u are that she has r%d eaeh®4wwywordo£the foregoing instrument and that she understan(b its contents and effect; and as PlaintifFs atoorney, 1 @prove the settlement entered into. Moreover, I recognize and acknowledge that the negotiated language contained within Paragraph 12 plaoes afErrnative obligations upon me as an individual to act in trust in carrying out the obligations in that pamgmph. /s/ Shawn Hashemi Shawn Hashemi Attorney for PlaintiaMackinzie Hooks Compromise Settlemeat Agreemeat and Reluse of ClaIms (Hooks, Mackinzie)Page 8 of 9