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24-518ORDINANCE NO. 24-5 1 8 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASE IMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED “CITY OF DENTON V. JESSE RAY EAKERS, JR., PENSKE TRUCK LEASING CO. L.P., FLEETCO INC., THE CINCINNATI INSURANCE COMPANIES, AND SOUrHERLAND TRANSPORT, L.L.C: “ CAUSE NO. 23-6616-431, PENDING IN THE 43 1 ST JUDICIAL DISTRICT COURT, DENTON COUNTY. TEXAS; AND DIRECTING THE CITY MANAGER OR DESIGNEE AND THE CITY’S ATTORNEYS TO EFFECTUATE AS NECESSARY AND APPROPRIATE THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE TO EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby ratifies and approves the proposed settlement of litigation styled “City of Denton v. Jesse Ray Eakers, Jr., Penske Truck Leasing Co. L.P., Fleetco Inc., The Cincinnati Insurance Companies, and Southerland Transport, L.L.C;“ Cause No. 23- 66 16-43 1 , pending in the 43 1 st 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 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. „„„d,T:y“"&=:::T"all #Ja":' "” "'’ r\:: oSX:=: w!!"p)jse\-andappro iES by the following vote U - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth:J ,/ / / 1/ V7 Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the 5 \ day of m/mA . 2024. aEJN ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\It APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Z>abin C’+>.BY: ’d&pawZu EXHIBIT “A“ Settlement Agreement and Release CAUSE NO. 23-6616431 crrv OF DENTON gi 6 g § g ! §i g § § S DW£ONCOWW, TEXAS E 1 IN DI THE DISTRICT COURT PlaiadB, 431't JUDICLATI DISTRICt JESSE RAY BAKERS JR, PENSRR rnucKL&AsuvG CO. hP" FLEETCO DVC, Tm cwcwATri INSURANCE COMPANIES, and SOIFFHERI IAND TRANSPORT L,LeC, lle£end8nt£. STATE OF TEXAS couvIYOFDnRioN ) ) ) KNOW ALL MEN BY TingE PRESHvrs: 1. That I, Sara Hensley, whose title is City Managa, the undersigned authorized npmsentative of City of Denton for and in considaadon of the sum of FORTY-FIVE THOUSAND DOLLARS AND 00/100 ($45,000.00) cash paid to the City ofDmton (heninaner the “City’) by the Cincinnati Tnsur8noe Companies, the rwdpt of which is hereby acknowledged, do by these presents acknowledge the full and complete settlement of the City’s sb\xog8iioa sMl apiba the Cirnibmti lwwmce CompanIes, SoIRhUlmd TruckIng, LLC, Penske Truck Leasing Co. L.P„ Jesse Ray Eakns, Jr., and Fleetco, Inc. (the “Defendants’), and hereby releases and R>nva discharges Defendantg &om my and all damaga sustained by the City resulting from the automobile accident on or aIx)ut August 2, 2021, at or near Denton, Texas, which allegations are set out more fully in the City’s live Petition in this matter 61ed in the 431H Judicial District Court in anton County, Twas. I COMPRORIISE SETrLEMENr AGREEMENr AND RELEASE Page 1 of 7 2. It is the hHaldon of the undersigned to alknowledge the satisfa;tion in 6l11 of all darrrages of any name whnt30wer which have owurred to the City as a result of the above- dawibed wcidmt, whatter fully developed at this time or not. It is undwtrxid that the wasideraHms stated covu the aontingancy of agnaiu or Ingu darnage to the City, wlnthu known orurrkrwwn at this time, My dwelop€d or ottnrwise. 3. The undersigned must delivn settlmera payment to the cEna of the City Attomey 215 E. McKinnqy St., Den&xI, Texas 76201 - within three wwks of receipt of tIn odginal fUlly exeauted AgremerR to the Oface of the City Attorney, 215 E. MdKirney, Denton, Twas 76201. To tn considered fUlly exeautul the Agreement must be @ned and dated by the City’s npnsmt8dve before a notary public, dgned and dated by the City’s legal counsel, signed md dated by Defendants’ np@wntativ® listed below tnfon a notary public, and signed and dated by Southuland Trucking LLC and Penske Tank Leasing Co.’s legal counsel aftu fomral City CX)uncH approval. The City’s legal comsel shall proarp© provide Defendants’ counsel with notioe ooa6rrrring ncdpt of the Settlment Payrnwt on behalf of the City and declaring the exact mount receivecl 4. The City warrants md represents that it is the sole ownu of the cl8irns and causa of action asserted and such claims have not been fulttnr asdgned, sold, pledged or otherwise mgwnbered in any way. 5. It is furthu urxlerstood that this settlment is a comproaise of a disputed clair& and that payment is not to be construed as an adarissioa of liability on the part of the Defendants, and their oaicers, agents, or wrploye® by whom liability we expressly denied- 6. For the aforwaid coadda8tion, the City futher agrew to disrniss with pnjubce Cause No. 23-6616431, pending in an 431st District Court in Ihnton Cormty, Texas, styled f I COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Page 2 of 7 “The CIty of DeMon v. Jesse Ray Eakgrs, Jr., er aZ A All claims tIn City has in such suit tnirrg Inreby released by the undersigned as authorized npremtative of the City. 7. It is understood and ageed that this Rel mse wntains the entire agreernetH between the parti® and supweda ally and all prior agnments, anangment3, or undastandin8F tntween the putin nlating to the subject nraaer. No oral undastandings, statements, pnmises or inducmwts contrary to the tang of this Release exists. This Rel%se mnnnt be changed or terminated orally. 8. In making this agnernmt of conTromise and 3ettlemmt, the City has not relied upon any statement or npn$antation pertaining to this matter made by tIn persons, arms, orgu£zadons or eorparations who ne hereby released, or by any person or persons repmsallting then 9. It is understood and agreed that this Release shall be binding upon and inure to the bene6t of the parties aId their respwtive hein, npnsent8tives, successors and assigns. 10. It is understood and agreed that this Release shall be governed by, construed and enforcai in accordance with, and subjait to, the laws of the State of Texas. 11. It is rmdustood and agreed that this Release may be executed in a nunhr of identical counterpart& each of which shall be deemed an origirnl for all purposes. 12, The uadasigned, as authorized npnsmtative of the City, 6uther states that in entering into this SettMent Agrmrent and Release, the City has relied upon the legal advice of its attorney, who is the attonwy of its own choice, and that the twins of this Settlemmt Agreement have been completely read and explained to the undersigned by the City’s attorney and that the terms are fully undastood and vohmtarily accepted by the undusigned, as authorized representative of the City. I COMPROMISE SETTLEMENT AGREEMENr AND RELEASE Page 3 of 7 DQnHqDnvTnGDtATUFB: MIO is known to no who is PI 18 identifiatioaas ttlis dW @Mlbqw1 &)tntbepasaawlrow aw is brown by me or tV providing My HAND AND 12024 WAL OF OFFlaE TIm a’' DAY OF AL inI UL4A£mMa&–M®mQTix= D&&ofSi8\6twe'.\to !\\ ME,dbeRss> IL P to-the urrdenigaed arHhadty, on aris day lnrstnally qpund Jrdro is known to wto be the p€mansdrose ame is t, who is personally known tv no m by pIDvidirrg as qualifying idmti6w6on elVEN UNDaR My HAND AND SEAL or orria8 Trgs A''- DAY or2024.I OnIL (P i b OOMPROMISE SETtLEMENT AGREEMENT AND RELEASE Page 4 of 7 a Id dR P Dae MSi@lm: . M) /}}\ BEFORE MR the urrdardgwd aut]nrity, an this dv pawraally ©peard aas) EZpfbpy , MIO is kIX)wn to me to tn tIn pelsoa whose name is wb3cdtnd tA the bqBoiag hrgtlwnar& who is p€rwnally known by me or by providing asquWlrg idwti6atioa arvn( UNDER My HAND AND SEAL OF OFFICE TIES db DAY OF J B WW fBIic - State of Twas N r n$; THE CNd IN Da, ,fSi@,b.„ v\:-IIb \. _ BEFORE ME, the mdasignal adlxrdty, on this day perNxrally wlnared Ioss kpCAn _ , who is known to me to tn the pusan whoso nme is lbsaRiad to the fortgoing instnanont, MIO is personally known by me or by providing as qunIifying idmti6catioa Givn{ UNDER MY HAND AND SEAL OF OFFICE TIES Ul DAY OF PCb wu\ , 2024. b COMPROMISE SFiTLEMENr AGREEMnw AND RELEASE Page 5 of 7 Notary Public - State afTarns APPROVED AS TO LEGAL FORM d APPROVED AS TO LEGAL FORM: ATTORNEY FORDEFHqDANr APPROVH) AS TO LEGAL FORM ATrORNEY FOR DEFnqDANr CTIYOFD©fION,TBXAS SIGNATURE: Date of SIgnature: i I BEFORE ME the undersigned audHdty, on this day personally q4mnd Sara Hms1% known to mo to be the person whose nme is subsaR>ed to the R3ngoirB instrurneal, who is pwonally known to me or by providing , . as qualiDing ideati6catim. My HAND AND SEAL OF OFFICE HasfegdX'?I 2024, a#DAY COMPROMISE SErrLEMENr AGREEMENT AND RELEASE Page 6 of 7 KMSALEiai Ny WHy D+13t©gIgI E41B ++ aoa i4Hb&batab APPRQVBD AS TO LEGAL FORM MAaKRmvWAND,arYATrORNW BY: P“~;&Q'd'a TevkN:Aiax8niar I i COWROMISE swriLEMauw AGREEMENT AND RBLEASE R8g87 dtI