HomeMy WebLinkAbout09-27-84-18 - Resolution - 09/27/1984RESOLUTION NO. 09-27-84-18
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT
~REEMENT WITH WESTERN NATIONAL BANK.
WHEREAS, Western National Bank filed suit against
Salinas, City of College Station and Don B. Hill in Cause
· 25,077, in the District Court of Brazos County, Texas in the
85th Judicial District, and
WHEREAS, the parties desire to compromise and settle
.heir disputes of the aforementioned cause, and a Settlement
reement is attached hereto as Exhibit "A".
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
ITATION, TEXAS, THAT:
After review of the Settlement Agreement with
Western National Bank, the City Council hereby authorizes the
~it¥ Manager to execute the Settlement Agreement attached hereto.r'i
PASSED AND APPROVED this 27th day of September, 1984.
TY
~RY
00&583
WESTERN NATIONAL BANK
VS.
ARNOLD SALINAS, CITY OF
COLLEGE STATION and DON B.
HILL
NO.
25 , 077
IN THE DISTRICT COURT
BRAZOS COUNTY, TEXAS
85TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT AGREEMENT
THIS AGREEMENT is by and between the CITY OF COLLEGE
STATION, a Texas Municipal Corporation hereinafter referred to as
Defendant, DON B. HILL, a resident of Brazos County, Texas,
hereinafter referred to as Defendant, and WESTERN NATIONAL BANK,
a corporation organized and existing under the laws of the State
of Texas, hereinafter referred to as Plaintiff;
WHEREAS, Plaintiff instituted the above-styled and numbered
cause against the Defendants seeking thereby damages for the
payment of checks made payable solely to ARNOLD SALINAS, and
WHEREAS, bona fide disputes and controversies exist between
the parties as to whether or not WESTERN NATIONAL BANK had
validly notified the City of College Station of the assignment
and request for the checks to be made jointly payable; and
WHEREAS, bona fide disputes and controversies exist between
the parties as to whether or not DON B. HILL, the architect on
the project, constituted the agent of the City of College Station
for the authorization of payment of the checks jointly by virtue
of notations on the certificate of payment signed by Don Hill;
and
WHEREAS, 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 settle all claims and causes of
action of any kind whatsoever which Plaintiff has or may have in
the future arising out of the payment of TWENTY-FOUR THOUSAND TWO
HUNDRED THIRTEEN DOLLARS AND 17/100 ($24,213.17) DOLLARS paid
directly to Arnold Salinas on April 15, 1983 and intend that the
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full terms and conditions of the compromise and settlement be set
forth in this Compromise Settlement AGreement; and
WHEREAS, this Agreement shall cover all checks paid to
Arnold Salinas, either directly or made jointly payable with
Western National Bank to date.
NOW, THEREFORE, in consideration of mutual promises and
agreements herein contained including the recital set forth
hereinabove, the parties agree as follows:
1. The parties hereto agree that an agreed Order if
Severance and Dismissal is to be presented to the
above-designated Court severing all causes of action asserted
against the Defendants, City of College Station and Don B. Hill,
from the causes asserted against any other Defendant. Further,
the agreed Order is to be presented for entry in such severed
cause, fully and finally dismissing Plaintiff's cause of action
against Defendants, City of College Station and Don B. Hill, with
prejudice to the rights of Plaintiff to refile same or any part.
Such agreed Order attached hereto as Exhibit "A" is to be
executed by the parties and submitted to the Court for entry as
soon hereafter as the Court's schedule permits.
2. The City of College Station hereby agrees to pay the sum
of TWELVE THOUSAND ONE HUNDRED SIX AND 59/100 ($12,106.59)
DOLLARS to the Plaintiff upon the execution and delivery to the
Defendant of the signed Compromise Settlement AGreement, hereby
releasing all claims, demands and causes of action whatsoever
known or unknown, past, present or future, arising out the
occurrence of April 15, 1983 and made the basis of the
above-captioned litigation.
3. It is understood and agreed that this Compromise
Settlement Agreement contains the entire agreement between the
parties and supercedes any and all prior agreements, arrangements
or understanding between the parties relating to the subject
matter. No oral understanding, statements, promises or
inducements contrary to the terms of this Compromise Settlement
Agreement exists. This Compromise Settlement Agreement cannot be
changed or terminated orally.
4. It is understood and agreed that this is a compromise of
a doubtful and disputed claim and that nothing contained herein
shall be construed as an admission of liability by or on behalf
of the Defendants, all such liability being expressly denied.
5. It is understood and agreed that this Compromise
Settlement Agreement shall be governed by, construed and
enforced in accordance with and subject to the laws of the State
of Texas.
6. It is understood and agreed that this Compromise
Settlement Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all
purposes.
IN WITNESS THEREOF, the parties have executed this agreement
on the day of , 1984.
CITY OF COLLEGE STATION
BY:
NORTH BARDELL'
DON B. HILL
APPROVED AS TO FORM:
WESTERN NATIONAL BANK
KELVIN ADAMS
3131 East 29th Street
Bryan, Texas 77802
(409) 775-2282
ATTORNEY FOR PLAINTIFF
BY:
CATHY LOCKE
Attorney for Defendant
City of College Station
P. O. Box 9960
College Station, Texas
(409) 764-3515
77840
EUGENE D. LYLES, JR.
Attorney for Defendant
Don B. Hill
505 E. University Dr. #803
College Station, Texas 77840
(409) 696-669S
00 586
THE STATE OF TEXAS *
COUNTY OF BRAZOS *
This instrument was acknowledged before me on the day of
, 1984 by North Bardell as City Manager for the City of
College Station, Texas.
Notary Public in and for
The State o~ Texas
My Commission Expires:
THE STATE OF TEXAS *
COUNTY OF BRAZOS *
This instrument was acknowledged before me on the
, 1984 by DON B. HILL.
My Commission Expires:
Notary Public in and for
The State of Texas
day of
THE STATE OF TEXAS *
COUNTY OF BRAZOS *
This instrument was acknowledged before me on the
, 1984 by as
NATIONAL BANK.
My Commission Expires:
Notary Public in and f6r
The State of Texas
day of
of WESTERN
00 587
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