Loading...
Res 177-94 11/15/1994RESOLUTION NO. 11-1-q-{q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF WICHITA FALLS AND DELLA MARIE PORTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Compromise Settlement Agreement and Mutual Release Arising During Mediation by and between the City of Wichita Falls and Della Marie Porter, the same being attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby approved. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 15th day of November, 1994. M A Y OR ATTEST: Ct10-0(11 CIO-(2) / City Clerk EXHIBIT A CAUSE NO. CCL-94-94-F DELLA MARIE PORTER IN THE COUNTY COURT AT LAW Plaintiff VS. NO. TWO OF CITY OF WICHITA FALLS Defendant WICHITA COUNTY, TEXAS COMPROMISE SETTLEMENT AGRE TND MUTUAL RELEASETTNDAIEENIA 1. The parties hereto asserted or rise table claims in thisccase, versies between them, whether 2. The consideration to be given for this settlement is as follows: a) The City of Wichita Falls shall pay to Della Marie PorterthesumofSeventeenThousandSixHundredEighty-seven dollars and 50/100 ($17,687.50) to be paid on the first practical date following approval of this agreement by the City Council of Wichita Falls, Texas, but in no event later than November 22, 1994. 3. The above-styled and numbered cause shall be resolved by: a) An Agreed Order of Dismissal with prejudice, with costs taxed to the party incurring same, including mediation costs. 4. The parties acknowledge that bona fide disputes and controversies exist between the parties, both as to liability and the amount thereof, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settleallclaimsandcausesofactionofanykindwhatsoeverwhichthe parties have or may have in the future arising out of the transaction or occurrence which is the subject of this litigation. It is understood and agreed that this is a compromise of a disputedan claim, and nothing contained on herein behalf shall of Defendantru all such admission of liability by or liability being expressly denied. s by 5. Provided, however, that this Agreement and the undertakings the Defendant pursuant hereto are subject to the approval of this Agreement by the City Council of the City of Wichita Falls, Texas, at its regularly scheduled meeting on November 15, 1994. The undersigned Assistant City Attorney agrees that the City Attorney'sOfficewillrecommendapprovalofthisAgreementatsaidmeetingof the City Council of the City of Wichita Falls, Texas. 6. The parties hereby agree to release, discharge, and forever hold the other harmless from any and all claims, demands or suits, known or unknown, fixed or contingent, liquidated or unliquidated, ing whether or not asserted the in the vents above and transactions which are sthe from or related to th subject matter of this cause. This mutual release runs to the benefit of all attorneys, agents, employees, officers, directors, shareholders, partners, heirs, assigns, and legal representatives of the parties hereto. "Party" as used in this release includes all named parties to this cause, and all related entities of the party. 7 . Each signatory hereto hereby warrants and represents that: a) such person has authority to bind the parties for whom such person acts. the b) the claims, suits, rights, te and/or interests r have subject matter hereto are owned by party asserting same, not been assigned, transferred or sold, and are free of encumbrance. 8. Counsel for Plaintiff shall deliver drafts of any further settlement documents to counsel for the other parties hereto by November 15, 1994 . The parties and their counsel agree to cooperate with each other in the drafting and execution of such additional documents as are reasonably requested or required to A implement the provisions and spirit of this Agreement. 9 . If one or more disputes arise with regard to the interpretation and/or performance of this Agreement or any of its provisions, the parties agree to attempt to resolve same by telephone conference with Bruce A. Martin, the mediator who facilitated this settlement. If the parties cannot resolve their differences by such telephone conference, then each agrees to schedule one day of mediation with such mediator within thirty (30) days to resolve the disputes and to share equally the costs of such mediation. If a party refuses to mediate, then such party thereby waives any recovery for attorneys fees or costs incurred in any litigation brought to construe or enforce this Agreement. Otherwise, if the parties are unable to resolve their dispute by mediation, then the prevailing party or parties shall be entitled to recover reasonable attorney's fees, costs and expenses, including the cost of the mediation. 10. This Agreement construed in accordance w in Wichita ith the laws Texas, and shallhall performable the Texas, State of Texas. 11. Each signatory to this Agreement has executed it freely and without duress, after having consulted with, or having had the opportunity to consult with, the attorneys of such person's choice. Each party hereto has been advised by the Mediator eac h party Mediator is not the attorney for any party and should have this Agreement reviewed by such party's attorney prior to executing same. 12. Although the Mediator has provided a basic outline of this Agreement to the parties' counsel as a courtesy to facilitate the final resolution of this dispute, the parties and their counsel have thoroughly reviewed such outline and have, where necessary, modified it to conform to the requirements of their agreement. All signatures to this Agreement hereby release the Mediator from any and all liability arising from the drafting of this Agreement. 13 . Other provisions of this Agreement are that the parties agree to the confidentiality of all the terms and conditions of this agreement and further agree not to disclose any facts obtained during the course of this case. Signed this 1st day of November, 1994 . APPROVED AS TO FORM AND SUBSTANCE, AND AGREED TO, BY: Signature: c' — CAROL Y OSTOVICH JIM FINLEY ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT IN HER CAPACITY AS WICHITA FALLS, TEXAS ATTORNEY IN FACT FOR PLAINTIFF, DELLA MARIE PORTER