Res 178-94 11/15/1994r
RESOLUTION NO. I''1 (j-q4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, APPROVING A RELEASE
OF ALL CLAIMS AND ORDER OF DISMISSAL WITH
PREJUDICE BY AND BETWEEN THE CITY OF WICHITA
FALLS AND JUNE ROOKE; 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 Release of All Claims and the Order of
Dismissal with Prejudice by and between the City of Wichita Falls
and June Rooke, 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.
j
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MAYOR
ATTEST:
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41/(fickCIO (/ NCO
City Clerk
RELEASE OF ALL CLAIMS
Date: November 1994.
Amount:679,000.00 [Seventy Nine Thousand and NO/100 dollars].
Party Giving Release: June Rooke
1223 North Ninth Street
Wichita Falls, Texas 78304
Party Being Released:The City of Wichita Falls and Kenneth Dale
1300 Seventh Street
Wichita Falls, Texas 76301
Claim(s)Being Released: Personal injuries, property damages, medical expenses, and any
and all past and future damages because of a vehicle collision, January 30, 1992, at the
intersection of Kell Blvd. and Holliday Street, Wichita Falls, Texas, between a City bus
driven by Kenneth Dale, and a pickup owned by Ted Foster [A-1 Auto Service] driven by
Kevin Masters. I was a passenger on the City bus. I am married to Jack Rooke, but we have
been separated for years. I also have eight children, all of whom are adults. Neither my
husband nor my children, nor anyone else, is entitled to make a claim for loss of consortium
as a result of my temporary and partial physical impairment occurring from the accident.I
agree to indemnify and hold the City and Mr. Dale harmless from any claims for loss of
consortium or medical expense subrogation.
Other Provisions: Cause No. 140,919-A, pending in the 30th District Court of Wichita
County, Texas, will be dismissed with prejudice. The City agrees to pay the court costs for
itself, its driver, and the plaintiff.
R
June Ike, SSN 448-38.2085
STATE OF TEXAS
COUNTY OF WICHITA ]
June Rooke acknowledged this Release of All Claims before me on November 1994.
PNotary Public for the State of Texas.
APPROVED:
Cletus Schenk, attorney for Ms. Rooke Larry L. Lambert, attorney for the City
SBN 17738000 SNB 11844000
No. 140,919-A
JUNE ROOKE IN THE 30TH DISTRICT COURT
VS. OF
I
KENNETH DALE, THE CITY OF WICHITA COUNTY, TEXAS
WICHITA FALLS, ET.AL.
ORDER OF DISMISSAL WITH PREJUDICE
This day came on for consideration the above cause wherein the plaintiff is June
Rooke, and the defendants are Kenneth Dale, The City of Wichita Falls, and Kevin Masters.
The parties have settled this case, and the plaintiff agrees to dismiss her suit with prejudice
against all defendants. The City will pay the court costs of the plaintiff, Mr.Dale, and itself.
Mr. Masters will pay his own court costs.
It is therefore, ORDERED, ADJUDGED, AND DECREED by the court that this cause
of action is hereby DISMISSED WITH PREJUDICE, with the City to pay all court costs
except those incurred by Mr. Masters, which are to be paid by him. All relief not granted
herein is denied.
Dated on November 1994.
Bob Brotherton, District Judge
APPROVED:
June Rooke, Plaintiff Cletus Schenk, attorney for plaintiff
OSBN 17738000
Larry L. Lambert, Asst. City Attorney Charles Oldham, attorney for Mr.Masters
SBN 11844000 SBN 15246000