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1979-025RESOLUTION NO. 79-_O3S!r WHEREAS, on the 26th day of February, 1979, BESS S. HARRELL filed a suit for personal injuries and property damages in the 236th I Judicial District Court of Tarrant County, Texas, Cause Number 236- 53965-79, against CARLA JUNE WHITE and the City of Southlake, Tarrant County, Texas; the said damages having allegedly been sustained in an automobile collision occuring on August 19, 1978, at the inter- section of 100 South White Chapel and 300 West Continental, Southlake, Texas, and having allegedly resulted from combined negligent acts of CARLA JUNE WHITE and the city of Southlake, Tarrant County, Texas; and WHEREAS, the City Council of the city of Southlake, Texas, having been advised of the circumstances surrounding the said collision, finds that there is a bona fide dispute regarding liability for damages sustained, if any, as a result of the said collision and that it is in the best interests of the citizens of the City of Southlake, Tarrant County, Texas, that the Mayor of the City of Southlake, Texas, be authorized to compromise and settle the above -referenced civil suit by payment of the sum of Two Thousand, Five -hundred and no/100 2,500.00) to BESS S. HARRELL and her attorney, R. G. Guthrie; provided, however, that a release of all liability shall be obtained from BESS S. HARRELL, CARLA JUNE WHITE and the insurer of CARLA JUNE WHITE prior to negotiating the said sum to BESS S. HARRELL and her attorney and provided, further, that nothing contained within this resolution nor in the settlement papers shall be construed as an admission of liability by the City of Southlake, Texas, for damages sustained in the said collision. RESOLUTION NO. 79-_6gr, Page One of Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Southlake, Tarrant County, Texas, that: I. The Mayor is hereby directed to compromise and settle Cause No. 236-53965-79, styled BESS S. HARRELL vs. CARLA JUNE WHITE and CITY OF SOUTHLAKE, TEXAS, by the payment of Two Thousand, Five - hundred and no/100 ($2;500.00) Dollars, jointly, to BESS S. HARRELL and her attorney, R. G. Guthrie; payment of the said sum to be conditional upon the execution by all parties concerned of the Mutual Release attached hereto as Exhibit "A". II. The Major is further directed to compromise and settle any claims for contribution and indemnity which the City of Southlake might have against the parties to the above -referenced suit by executing the Mutual Release attached hereto as Exhibit "A'. PASSED AND APPROVED this day of 1979. ili L Mayor ATTEST: - City Secretary RESOLUTION NO. 79--' Page Two of Two 11hk CAUSE NO. 236-5319655-79 BESS S. HARRELL X IN THE DISTRICT COURT Or X vs. X TARRAN T COUNTY, TEXAS X CARLA JUNE WHITE and X CITY OF SOUTHLAKE, TEXAS X 236TH JUDICIAL DISTRICT MUTUAL RELEASE STATE OF TEXAS X COUNTY OF TARRANT X That I, BESS S. HARRELL, for and in consideration of the sum of Two Thousand rive Hundred (2,500.00) Dollars paid by or on behalf of CARLA JUNE :4HITE, the receipt of which is hereby acknowledged, do release, discharge and forever acquit CARLA JUNE WHITE and State Farm Insurance Company and their agents and employees, successors and assigns of and from any and all damages, claims, demands and causes of action of what- ever kind or character arising out of or in any manner connected with that certain collision that occurred on or about August 19, 1978 between the automobile I was operating and an automo- bile being operated by CARLA JUNE WHITE, such collision occur- ring in Southlake, Tarrant County, Texas at the intersection of 100 South White Chapel and 300 West Continental. That I, BESS S. HARRELL, for and in consideration of the sum of Two Thousand Five :undyed (2,500.00) 'dollars paid by the CITY OF SOUTHLAKE, Tarrant County, Texas, the receipt of which is hereby acknowledged, do release, discharge and forever acquit C-l'-f„I OF SOUTHLAKE, Tarrant County, Texas and its agents and C7,--1-ogees, successors and assigns of and from any and all ea_ :ges , claims, demands and causes of action of whatever kind r character arising out of or in any matter connected With t certain collision that occurred or or about August 19, 78 between the automobile I was operating and an automoll:..ie T?-"TJT L ?ELEASE - being operated by CARLA JUNE W I`'E, such collision occurring in Southlake, Tarrant County, Texas at the intersection of 100 South White Chapel and 300 West Continental. That I, CARLA. JUNE WHITE, for and in consideration of the release hereinafter set forth of myself and the State Farm Insurance Company by the CITY OF SOUTHLAKE, Tarrant County, Texas,do hereby release, discharge and forever acquit the CITY OF SOUTHLAKE, Tarrant County, Texas, their officers, agents and employees, of and from any and all claims, demands and causes of action of whatever kind or character that I or State Farm Insurance Company may have arising out of or in any way connected with that certain collision that occurred on August 19, 1978, between a vehicle I was operating and a vehicle operated by BESS S. HARRELL, such collision occurring in Southlake, Tarrant County, Texas at the intersection of 100 South White Chapel and 300 West Continental. That the CITY OF SOUTHLAKE, Tarrant County, Texas does hereby release, discharge and forever acquit CARLA JUNE WHITE and State Farm Insurance Company, their agents and employees, successors and assigns of and from any and all claims, demands and causes of action of whatever kind or character that the CITY OF SOUTHLAKE, Tarrant County, Texas may have arising out of or in any manner connected with that certain collision that occurred on or about August 19, 1978 between a vehicle being operated by BESS S. HARRELL and a vehicle being operated by CARLA JUNE WHITE, such collision occurring in Soutnlake, Tarrant County, Texas at the intersection. of 100 South White Chanel. and 300 West Continental. It is understood by the partias hereto that this is a full, final and complete settlement and one which can not be reopened at any time in the future regardless of what might to%e place or what might later occur. It is understood and agreed by the parties hereto that this is a compromise settlement made and executed for the considerations herein stated and that it is to compromise the SUTUAL RELEASE - Page 2 - position of the parties to the afore said lawsuit and is not in any wise an admission of liability on the part of the De- fendants herein and cannot be used as the same in any cause, hearing or matter in --controversy whatsoever. Each party hereto hereby represents that they have made a full and complete investigation and have knowledge of all facts involved and that this settlement is made freely and voluntarily, and that it has not been induced or brought about in any way whatesoever by any statements or promises or repre- sentations made by the parties or by anyone acting for or on their behalf. It is expressly understood and agreed that BESS S. HARRELL has paid, out of the afore mentioned sums or will pay, all charges for medical aid, hospital services, doctor services, chiropractic services, nursing, drugs, medicines, and hospital lend, past, present and future and will hold CARLA JUNE WHITE, State Farm Insurance Company, and the CITY OF SOUTHLAKE, Tarrant County, Texas, and any one in privity with same, harmless of and from any and all such claims. EACH PARTY HERETO HAS READ THE ABOVE AND FOREGOING FULL, FINAL AND COMPLETE MUTUAL RELEASE, AND FULLY UNDERSTANDS ITS CONTENTS AND THE EFFECT. DATED this the, day of August, 1979. Bess S. Harrell Carla June White payor Pat HawK ATTEST: Sandy L. LeGrand, City Secretary Southlake, Texas N!jTUT--.L RELEASE - Page 3 - W STATE. OF TEXAS ) COUNTY OF ) BEFORE ME, the undersigned authority, in and for said county and state, on this day personally appeared BESS S. HARRELL, known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged to me that she has read the foregoing full, final and complete Mutual Release, and understands its contents and the effect thereof, and executed the same for purposes and considerations therein expressed. UNDER MY HAND AND SEAL OF OFFICE, this day of August, 1979. Notary Public In and For County, Texas STATE OF TEXAS ) COUNTY OF ) BEFORE ME, the undersigned authority, in and for said county and state, on this day personally appeared CARLA JUNE WHITE, known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged to me that she has read the foregoing full, final and complete Mutual Release, and understands its contents and the effect thereof, and executed the same for purposes and considerations.therein expressed. UNDER MY HAND AND SEAL OF OFFICE, this day of August, 19 79 . Notary Public In and For County, Texas MUTUAL RELEASE: - pagn 4 -