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Home My WebLink AboutResolution - 3014 - Settlement Agreement - Bill Allen V. Northcutt - Codes Enforcement Lawsuit - 01/12/1989JCR:da RESOLUTION Resolution #3014 January 1.2, 1989 Item #40 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Settlement Agreement for the case of Bill Allen v. Northcutt, et al and all related documents, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of January , 1989. C r .C. McMINN, MAYOR , city Secreta APPROVED' -AS TO CONTENT: I, Ji rtram, Assistant City Manager for velopment Services APPROVED AS TO FORM: hn C. Ross, Jr., City Attorney Resolution #3014 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WILLIAM D. ALLEN, ) Appellant, } V. } Case Number CA -5-85-140 JERREL NORTHCUTT, GENARO ) MARTINEZ, JOE WILLIAMS, JOHN C.) ROSS, LARRY CUNNINGHAM, and ) the CITY OF LUBBOCK, TEXAS, ) Appellees. ) COMPROMISE SETTLEMENT AGREEMENT WHEREAS, WILLIAM D. ALLEN filed suit in the United States District Court for the Northern District of Texas, Lubbock Division, in Civil Action No. CA -5-85-140 against JERREL NORTHCUTT, GENARO MARTINEZ, JOE WILLIAMS, JOHN C. ROSS, LARRY CUNNINGHAM, JOAN SHERWIN, and the CITY OF LUBBOCK; and, WHEREAS, on November 24, 1987, Defendant JOAN SHERWIN was dismissed by order of the Court; and, WHEREAS, by order dated January 6, 1988, judgment of dismissal was entered with regard to all remaining Defendants on all federal claims; and, WHEREAS, by order dated January 6, 1988, the District Court awarded attorney's fees and costs to the CITY OF LUBBOCK in the following amounts: A. Reasonable attorney's fees - $36,359.00, B. Attorney's reasonable out-of-pocket expenses - $1,824.08, C. Court costs - $613.75. WHEREAS, on March 10, 1988, all remaining, claims against Defendants were dismissed with prejudice; and, WHEREAS, Plaintiff filed a notice of appeal of the Court's judgment of January 6, 1988, to the United States Court of Appeals for the Fifth Circuit; and, WHEREAS, said appeal is still pending in such Court of Appeals; and, WHEREAS, WILLIAM D. ALLEN and the CITY OF LUBBOCK desire to compromise and settle all disputes giving rise to the litigation described above or the appeal described above, with the understanding that such compromise and settlement does not represent. an admission of any liability, wrongdoing, or other- wise on the part of the CITY OF LUBBOCK or any other present or past Defendant in such legal action; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged and confessed, WILLIAM D. ALLEN hereby releases, acquits and forever discharges JERREL NORTHCUTT, GENARO MARTINEZ, JOE WILLIAMS, JOAN SHERWIN, JOHN C. ROSS, LARRY CUNNINGHAM, the CITY OF LUBBOCK, and all their heirs, successors, assigns, insurers, employees, agents, servants, officers, attorneys, adjusters, directors, council members, and all parties in privity with any of same (all of such persons hereinafter being referred to as the "RELEASED PARTIES") from any and all claims, actions, causes of action, demands, damages, exemplary or punitive damages, penalties, costs, 2 expenses, loss, loss of services, personal injuries, pain and suffering, loss of profits, disability, compensation, lost past or future earnings or earning capacity, medical and legal expenses, propertydamages, economic losses, interest, contri- bution, indemnity, reimbursement, and equitable or statutory remedies arising out of, in connection with, or'in any way relating to any of the following, whether such claims are known or unknown, accrued or unaccrued, and without regard as to whether arising in the past or in the future as the result of any act or omission occurring prior to the date of this agree- ment: a) Any claim or cause of action raised at any time against any party by WILLIAM D. ALLEN in Civil Action No. CA -5-85-140, styled WILLIAM D. ALLEN vs. JERREL NORTHCUTT, et al, in the United States District Court for the Northern District of Texas, Lubbock Division. b) Any legal, administrative, or other action taken by the CITY OF LUBBOCK or its officers, agents, or employees (including but not limited to each of the RELEASED PARTIES) in connection with any property possessed or owned at any time by WILLIAM D. ALLEN; c) Any violation, or alleged violation, of WILLIAM D. ALLEN's constitutional, statutory, or other rights occurring prior to the date of this agreement. In further consideration of the agreements and covenants contained herein, WILLIAM D. ALLEN agrees to dismiss his appeal of the civil action described above, such appeal being docketed as Case No. 88-1107 in the United States Court of Appeals for the Fifth Circuit. 3 { For and in consideration of the covenants on the part of WILLIAM D. ALLEN contained herein, the CITY OF LUBBOCK agrees to and does hereby release WILLIAM D. ALLEN from all rights it may have to recover attorneys' fees, expenses, and costs or court under the judgment entered on January 6, 1988, of the United States District Court for the Northern District of Texas, Lubbock Division, in Civil Action No. 5-85-140. In further consideration of the covenants and agreements and releases made herein by the CITY OF LUBBOCK, WILLIAM D. ALLEN covenants and agrees that he will not now or in the future bring any cause of action against any of the RELEASED PARTIES, with regard to any of the claims released or pur- portedly released herein and that he will indemnify the RELEASED PARTIES from all costs and expenses, including attor- neys' fees, incurred and in connection with any suit which he may bring in the future as the result of any claim released herein or which he purports to release herein. This agreement, and the covenants and releases contained herein, shall have no effect on the res judicata or collateral estoppel effect of any order entered in Civil Action No. 5-85-140 and that all determinations in such action (with the exception of the judgment for costs) shall survive without regard to the agreements, covenants, and releases contained herein. It is agreed that a memorandum of this agreement.shall be prepared and filed in the records of Civil Action No. 5-85-140 GI F to reflect of record the release of attorneys' fees, expenses, And costs made herein by the CITY OF LUBBOCK. WILLIAM D. ALLEN warrants to the RELEASED PARTIES that he has entered into this agreement solely based on his own judg- ment and that of his attorneys, and that he has not relied on any agreement, promise, or representation by any RELEASED PARTY, or any agent or representative of any RELEASED PARTY, which is not expressly stated herein. WILLIAM D. ALLEN further warrants and represents to the RELEASED PARTIES that he has read and understands this release and its effect. This document represents the entire agreement between the parties and shall be binding on the heirs, assigns, and successors of the parties hereto and shall be governed by the laws of the State of Texas. SIGNED and dated this lar -76 day of 1989. WILLIAM D. ALLEN CITY OF LUBBOCK, TEXAS 5 TA - THE STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on the day of , 1989, by WILLIAM D. ALLEN. My Commission Expires: THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) Notary Public, State of Texas Typed or Printed Name T instrument was acknowledged before me on the day of 1989, by LARRY CUNNINGHAM, City Manager of CITY OF LUBBOCK, a municipal corporation, on behalf of said corporation. My Commission Expires: Nota Public, State of Texas Ty ,ped or Printed Name 0