2002-223O NANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS IN A CLAIM FILED AGAINST THE CITY OF DENTON BY LARK SCHUTTE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Compromise Settlement Agreement
and Release of Ail Claims in a claim filed against the City of Denton by Lark Schutte, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence
the Mayor Pro Tem, is hereby authorized to execute said Settlement Agreement on behalf of the
City.
SECTION 2. The City Manager is hereby authorized to expend the funds in accordance
with the attached Compromise Settlement Agreement and Release of Ail Claims.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~b~ dayof ~
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
JUN-03-2002 MON 1I:08 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 2
COMPROMISI~. SETTLEMENT .e, RIgLRA~E O1~ ALL CLAIlW~t
KNOW ALL MEN BY THBSE ?RESI/NT5:
That it is a/reed by md belwem CL,OJ1KANT, Lark Schu'~o, and the RELEASED PARTY
idantifi~ as the City of Denton, T~xas and i1~ p~t, p~s~nt, sad futurc ofllcc~, clec~ed officials,
cmployeas, age. ts, and attorneys (ill in both their oflici~l and individual capacities), alld ~
respective insurers, and those in privi~ with any of thc~, as follows:
1. Tl~e P.F.I,I~,SED PARTY' will p~y to C~ the total a~re~aie sum of
SIXTY 5BVBN THOUSAND lrOUR HUNDRED FORTY SEVEN AND NO/100 DOLLARS
($67,447,00), of which $27,44'/.00 has previously be~ paid in scttlcmon~ of proper~y damage
c]~,~, md direr paymm~ to physician, the receipt and sufficiency of which ~s hereby
,~t~wledged.
2. For and in consider~on of said payment, CLAIMANT, L~k 5chutto, he.by fully
z~,leuos, discharge~, and ~lUitS the I~t.u~,SED PARTY, from, ~ a~ee that the sum so paid
· ~! be in ~ and flnai satisfaction and compromise of: ~11 actions, causes of action, claims
(including subrogation clak~, c]alrn# fOr contribtktioll or indemnity as [o money paid in oomlectioll
with this ~tlemeut, a~l demmde, on account of or in any way growing out of any and all
negligence, intentional misconduct, violation of Constltutionai or statu~,~i lisle, co.piracies,
breack of any duty of good f~ith and fair dealing, dea~ personal injuries, d~mage to reputation,
p~in ~l ~tffedug, grief; bereavement, loss of consortium, loss of companionship, damage to
~ ~lafiomhip, m~ntai ~ p~ychic i~uy, lo~s of z~ing c~pacity, lo~ of househol~i
services, loss of wasas, loss of profits, loss of money, dot, age to prop~ty, ts.king of prop~,
a~-aey's f~, ire- and po~.jud~cnt intcr~st, ~d all other c~ of action and dan~e~ whethe~
known or u,~awn ~nd whether heretofore asserted or not, owned or possessed by CLAIMANT
a~ainst any of said I~BLBASF.,D PARTY ~owing out of or in any way connected with: tho collision
that occurred between the CLAIMANT and the RELEASED PARTY ~t the 900 block of Fort
Worth Drive on or about July 18, 2000; any ~van~s or litigation connoctcd wi~ or growing ou~ of
JUN-03-2002 MON 11:08 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 3
said incident or this ~ettlcme=t; or any event wh/ch occurred prior to the da~e of ~ s~dem~t.
CLAIMANT do~s hereby a~ree to indemnify and ~ave hatntle~ the said RELEASI~D PAKTY of
and i~om all father cl~t~., demmds, co~, or expemes arisinll out of any ii~urie6 and dama~
sustained by C~ or by any of I-I~R respeciive natural or adoptive ~'~mily membc~ or
relalives, as a result o/!. said collision; any of the events connected with, or trowing out o/; said
incident or this settlement; or ~ny event which occurred prior to the date of this scttlcme=t.
3. CLAIMANT understands and a/rees ~at tho amounl paid under this agreement is in
full saliafaclion of all injuries and damages arising on account of the above described events and
~ she will receive no fu~er s~,m, of monoy;thcrcl~om. CLAIMA.N~ a/ree~ to not assert or
prosecute any/~h~- ¢Islms or lawsuits therefore against anyone whomsoever, whether or not
herein or otherwise named, d~mribed or id~ntited. AUy and all cl~i,~, ~;~,t parties not
specifically released hcre~ if any, a~ hereby assigned in fltll to the parties hereby released.
4. Further, CLAIMANT expressly wan'ants that ii, ere are no outstanding unpaid
hospital Hens, medioal insurance s~brogation claims, or propen'y a~,,,,gB subrogation chime and it
is cxpressiy undcrstood and aireed that CLAIMANT has alre-s_dy paid or will pay out of tho
aforememioned sum of SIXTY SBVI/N THOUSAND FOUR HI3NDRI/D FORTY SEVI/N AND
NO/100 DOLLARS {~67,447.00) all prop~cy damages and medical, doclo~' and hospital charges
received in tho psat or to bo incurred in the fttture and that CTAIMANT will detbnd, indemnify, and
hold ha,.i.less tl~ said RBLI/ASED PARTY, of and from tho payment of such subro~,ation claims
and hospital liem (especially with r~ferenee lo any liem trader lhe Texas Iiospital Lie= Law).
$. CLAIMANT expressly warrants ~ her spouse, if she h~ one, has not suffered any
loss of ccnsordm as a r~mlt of ~ eve=~s in qu~siioa or CLAIMANT'S alleged init-ice and
d~m~es. CLAIMANT also expressly warrants that no m~nher of her fkmily has suffe~l my
psychic injury, mmtal an/uish and/or damage to ~he familial relationship as a re$1llt of ~ t~'~ts in
question or sa a result of CLAJMAi~'S allel~l rl,,'~,Ees and injuries. CLAIMANT a~-ees to
defend, hold harmless and ind~,~fy th~ R.BL~ASED PARTY' from tho payment, and for tho
JUN-03-2002 MON I1:09 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 4
defense, incl~,~,~g, expenses, and rcssonablc attom~'s fees, of any and all such clslms for loss of
co~tium, psychic injury, menfal ansulsh md/or d~e to th~ f~w~ilial relationship,
6. CLAIMANT hereby represents md war.ts to ~ho Rt[LBASED PAI{.TU and to thc
Court that no promises, ~epresent~fions or agreerncats not s~t out he~u hay, bee~ ~ to her; that
this Compromise Settlement & I~.olease of All Cl~l,~s is executed without reli~.~ upon auy
statemc~ or rep~sentation of any person or p~'tics r~lc~sed or their represen~tivcs, conccr~ the
~ and exten~ of thc ~ujtuics, d.~'na$os ~,~a~/or legal lisbility therefore, that acceptauce of the
consideration set forth here[u is a ~ accord ~ satis.r~ion ora disputed clsim, which is f~.apzble
of being exactly det~r~l,~cd, and for which ltabflt, ty is e~pressly denied, sncl that fhis Compromise
Sett].~,,~t & Kelease of Ail Claims is made of her own ~ee will and accord after consulting with
and acti~ upon thc advice of her aeomey,
7. Although orl~_~_,J~y ckafl~d by attorneys for the KELF.~.~ PARTY, tkis
Compromise Settlemenl & P~elesso of All Cl~m~ is a contract which is the product of nc~iations
bctwccn thc partics ~1 attomcys fc~ the pan, es ~nd which s~ll~ in the evc~ of any dispu~ ove~ i~s
me~n~ or application, bo interpreted fairly and rea~!y, snd neither more strongly for or
a~ainst eithc~ P~O'. This document contains tho entire a~e~e~ of the pmies hereto.
TH~ PI~OFISIONS OF THIS COMPI~OMISB SB~ & RlgI.~B OF ALL CLAIMS
COm ,xCT , , crrxLS.
WITNESS OI~I-I. AND$ this iQ dsyof ~I.~X. ,2002.
JUN-03-2002 MON 11:09 ~ FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 5
AI~ROV~D:
EUL]A~ BROCK, MAYOR
CITY OF DEI%TTON, TEXAS
RELEASED PARTY
TIlE STAT~F TEXAS )
COUNTY OF DL~NTON )
Thl{ u~trummt was ~howl~ b~ me on ~e~ ~y of ~ n
by ~
.2002,
No~ l~bli~-$JaJ~ of Te~.~
My Commission l~xpims:
JUN-03-2002 M0N ll:09AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 5
APPROVED:
BUi, I~IE BItOC.%z~ I~IAYOR
CII~f OF DtR'F~ON, TF-XA8
~ED PARTY
E~b~rt L, l~on~y, City k;tomey
At~m~y fo: ~w.L~SED PARTY
,2002,
No~y Public-St~ of Tega~
My Commission
JUN-0~-2002 M0N 11:10 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 6
~ STATI~ OF ~[~8~,~4.S )
.)
COUNTY OF DENTON )
Thi~ i:~trument w~s acknowledsed I~efoze me on tt~y of ~. .2002,
~ ~o ~c~ ~yor, on b~ of~e ~ of Dmto~ T~. ~ ~
My Co~i~ion E~pir~:
December 19, 2002