2001-468AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZiNG THE MAYOR TO
EXECUTE A MUTUAL RELEASE OF ALL CLAIMS iN LITIGATION STYLED
MUNICIPAL ADMINISTRATIVE SERVICES, INC V CITY OF DENTON, CAUSE NO 99-
50263-367, AND PROVIDING AN EFFECTIVE DATE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Council hereby approves the Mutual Release of All Clmms m
ht~gat~on styled Muntctpal Admtmstrattve Serwces, Inc v Ctty of Denton, Cause No 99-50263-
367, a copy of wlueh ~s attached hereto and incorporated by reference hereto, and the Mayor, or
m her absence the Mayor Pro Tem, ~s hereby authorized to execute smd Release on behalf of the
Cay
SECTION 2 That th~s ordmance shall become effecUve ~mme&ately upon ~ts passage
and approval
P^SSED ~ ^P~ROVED ~s the //~ day of~a~Z~_, 2001
EULINE BROCK, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~TORNEY
CAUSE NO 99-50263-367
MUNICIPAL ADMINISTRATIVE § IN THE DISTRICT COURT
SERVICES, INC §
VS § OF DENTON COUNTY, TEXAS
CITY OF DENTON § 367TM DISTRICT COURT
MUTUAL RELEASE OF ALL CLAIMS
It ~s hereby agreed between Plmnuff in the above-styled and numbered cause, Mumc~pal
Adrmmstrat~ve Services, Inc (MAS), acting by and through ~ts duly authorized representative,
and Defendant, City of Denton (Denton), acttng by and through ~ts duly authorized
representative, as follows
1 In or about 1987 MAS and Denton entered ~nto a contract for MAS to perform a
franchise compliance audit to determine whether General Telephone Company was complying
with the terms of its franchise agreement w~th Denton In 1999 MAS brought stat agmnst the
City of Denton based upon clmms arising out of smd contract and work performed by MAS for
the City of Denton The City of Denton counterclmmed for payment of money prod by Denton
to MAS m connection with smd contract Reference ~s made to the pleadings and papers on file
~n this stat for a more complete description of the events
2 The above-styled case was tried and a judgment was rendered The Court of
Appeals reversed and remanded smd judgment MAS and Denton have determined that neither
w~shes to pursue their respective claims further ~n thru matter
3 Denton hereby fully releases, &scharges, and acqmts MAS from all actions,
claims, and demands, ~nclu&ng, but not hm~ted to, clmms for money prod, breach of any express
or ~mphed contract, quantum mermt, fllegahty, votdness of contract, lost profits, attorneys' fees,
court costs, pre- and post-judgment mterest, and all other claims, causes of action, and damages,
MUTUAL RELEASE OF ALL CLAIMS PAGE 1
^usm,~m~40m~4_~ ~oc)
whether known or unknown and whether heretofore asserted or not, owned or possessed by
Denton against MAS growing out of or in any way connected with the contract, or work
performed by MAS for Denton, or any event or agreement which occurred prior to the date of
th~s release
4 MAS hereby fully releases, discharges, and acquits Denton from all actions,
clmms, and demands, including, but not limited to, clmms for money paid, breach of any express
or ~mphed contract, quantum mermt, illegality, voldness of contract, lost profits, attorneys' fees,
court costs, pre- and post-judgment Interest, and all other claims, causes of action, and damages,
whether known or unknown and whether heretofore asserted or not, owned or possessed by MAS
agmnst Denton growing out of or ~n any way connected with the contract, or work performed by
MAS for Denton, or any event or agreement which occurred prior to the date of th~s release
5 MAS and Denton hereby represent and warrant to each other that no promises,
representations, or agreements not set out herein have been made to each other, and that this
Mutual Release of All Clatms is executed w~thout rehance upon any statement or representation
of any person or parties released or their representatives, concerning the nature and extent of any
damages and/or legal liability therefor, that acceptance of th~s Mutual Release is a full accord
and satisfaction of disputed clmms
6 It ~s further agreed that the above-styled stat will be dtsmlssed with prejudice to
refihng the same, and that costs of court will be taxed to the party incurring the same
7 Th~s Mutual Release of All Clmms is a contract which ~s the product of
negotiat~ons between the parties and attomeys for the parties and which shall, ~n the event of any
dispute over Its meaning or apphcat~on, be interpreted fairly and reasonably, and neither more
MUTUAL RELEASE OF ALL CLAIMS PAGE 2
AUSLIBI~EF~I44154 01(1~4154_1 DOC)
strongly for or agmnst either party Tbas document contmns the entire agreement of the parties
hereto
THE PROVISIONS OF THIS MUTUAL RELEASE OF ALL CLAIMS ARE
CONTRACTUAL AND NOT MERE RECITALS
WITNESS OUR HANDS this '7~f . day of ~Ig~.-t.J~3-UL~ ,2001.
rGeorge~l' ~Vhlte
President, Municipal Administrative
STATE OF TEXAS §
COUNTY OF ~blq'l~ §
This instrument was acknowledged before me on the 7_-[0 day of ~bq%w~Yg'r.X' ,
2001, by George T White, President of Mummpal Administrative Services, Inc, a T'g
(state of incorporation) corporation, on behalf of said corporation
Notsry Public
NotaW Pubhc, State of e~
Mayor, C~ty of Denton
ATTEST
Cf/~ ~ecretary
MUTUAL liELEASE OF ALL CLAIMS PAGE 3
STATE OF TEXAS §
COUNTY OF DENTON §
Tlus instrument was acknowledged before me on the /f6-~ day of ~
2001, by ~'_Zfl_~ ~4.~ as Mayor of the City &Denton
~ ~t~l~t~ W~LTt~S ] ~'~, StatdofTexas
Nota~ ptlbhc Statc of~xas
MUTUAL RELEASE OF ALL CLAIMS PAGE 4