R-90-1431 - 3/22/1990WHEREAS, Sabine Consolidated, Inc. filed suit against the City
seeking damages in excess of $745,000.00, and
WHEREAS, Sabine Consolidated, Inc. has now offered to settle this
suit in consideration of payment of the amount originally due it under
its contract plus interest, and
WHEREAS, the City Council wishes to accept and approve this
settlement offer, Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City all documents necessary to settle and dismiss the
lawsuit brought by Sabine Consolidated, Inc.
RESOLVED this 22nd day of March, 1990.
ATTEST:
NE LAND, City Secretary
RS03220C
RESOLUTION NO. t
MIKE ROBINSON, Mayor
City of Round Rock, Texas
•
SABINE CONSOLIDATED, INC. AND
FIRST BANK & TRUST OF GROVES,
PLAINTIFFS
VS. DISTRICT COURT OF
CITY OF ROUND ROCK, TEXAS,
DEFENDANT WILLIAMSON COUNTY, TEXAS
Plaintiffs Sabine Consolidated, Inc. and First Bank & Trust of
Groves, hereinafter referred to as Plaint � herein by their
attorney, Robert Scott of Sewell ,' the holder of a
i
contingent interest in the c]' Plaintiffs, in
consideration of the sum of Fr
them in settlement of all'
i
otherwise, which P.
GCMUTREL
NO. 87 -256 -C
MUTUAL RELEASE
the above styled and numbered cause.
IN THE 26TH JUDICIAL
000) paid to
City of
3 and
nd by
Round Rock, Texas, rr
confessed, have RE''
BARGE the
these presents %
City of Rour
i
city cour ,cessors, assigns
and legal
Round Rock, demands, and causes of
actions of what contract or in tort, or
gainst the City of Round Rock,
Texas, whether known c. ,.d specifically including, but not
limited to, any and all , demands, and causes of action which
were asserted, or which could have been asserted, by Plaintiffs, in
d officials,
.ectively as "City of
SABINE CONSOLIDATED, INC. AND
FIRST BANK & TRUST OF GROVES,
PLAINTIFFS
NO. 87 -256 -C
VS. DISTRICT COURT OF
CITY OF ROUND ROCK, TEXAS,
DEFENDANT WILLIAMSON COUNTY, TEXAS
GCMUTREL
•
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•
•
MUTUAL RELEASE
IN THE 26TH JUDICIAL
Plaintiffs Sabine Consolidated, Inc. and First Bank & Trust of
Groves, hereinafter referred to as Plaintiffs, joined herein by their
attorney, Robert Scott of Sewell & Riggs, as the holder of a
contingent interest in the claims asserted by Plaintiffs, in
consideration of the sum of FORTY THOUSAND DOLLARS ($40,000) paid to
them in settlement of all claims asserted against Defendant City of
Round Rock, Texas, receipt of which is hereby acknowledged and
confessed, have RELEASED, ACQUITTED, and FOEVER DISCHARGED and by
these presents do hereby RELEASE, ACQUIT, and FOREVER DISCHARGE the
City of Round Rock, Texas and its elected and appointed officials,
city council members, agents, servants, employees, successors, assigns
and legal representatives (hereafter referred collectively as "City of
Round Rock, Texas ") from any and all claims, demands, and causes of
actions of whatsoever nature, whether in contract or in tort, or
otherwise, which Plaintiffs may have against the City of Round Rock,
Texas, whether known or unknown, and specifically including, but not
limited to, any and all claims, demands, and causes of action which
were asserted, or which could have been asserted, by Plaintiffs, in
the above styled and numbered cause.
Defendant City of Round Rock, Texas, has RELEASED, ACQUITTED, and
FOREVER DISCHARGED and by these presents does hereby RELEASE, ACQUIT,
and FOREVER DISCHARGE Plaintiffs and their general partners, limited
partners, officers, agents, servants, employees, successors, assigns,
and legal representatives, from any and all claims, demands and causes
of action of whatsoever nature, whether in contract or in tort or
otherwise which the City of Round Rock may have against the said
Plaintiffs, whether known or unknown and specifically including, but
not limited to, any and all claims, demands and causes of action which
were asserted, or which could have been asserted, by City of Round
Rock, Texas in the above styled and numbered cause.
In consideration of the payment which is being made to Plaintiffs
herein, Plaintiffs agree to INDEMNIFY, SAVE and HOLD HARMLESS
Defendant City of Round Rock, Texas from any and all damages
including, but not limited to, interest, court costs, attorneys' fees
and other expenses that City of Round Rock, Texas, may incur or become
liable for as a result of any claim, demand or cause of action arising
out of, or resulting from, the claims made the basis of the above
styled and numbered cause, which may hereafter be asserted against the
City of Round Rock, Texas by, through or under Plaintiffs.
As part of the consideration for the payment of the above sum of
money, Sabine Consolidated, Inc., and First Bank & Trust of Groves, do
hereby expressly warrant and represent to Defendant, City of Round
Rock, Texas, that Plaintiff has not assigned, pledged or in any manner
whatsoever sold or transferred, either by instrument in writing or
otherwise, any right, title, interest or claim which they have or may
have against City of Round Rock, Texas, with the sole exceptions of
2.
(1) the contingent interest held by Robert Scott and any other
attorney(s) of record for Plaintiff in the above styled and number
cause, and (2) the interest assigned to First Bank & Trust of Groves
by Sabine Consolidated, Inc.
Plaintiffs expressly warrant and represent to Defendant, as part
of the consideration for the payment of the above mentioned sum of
money, that before executing this instrument Plaintiffs have been
fully informed of its terms, contents, conditions and effects; that in
making this settlement Plaintiffs have had the benefit and advise of
counsel of their own choosing; and no promises or representations of
any kind have been made to Plaintiffs by Defendant or by anyone acting
for Defendant, except as are expressly stated in this instrument.
Plaintiffs have relied solely and completely upon their own judgment
and the advise of their counsel in making this settlement; and
Plaintiffs fully understand that this is a full, complete and final
release, and that the sum of money mentioned above is all the money
that is ever to be paid by Defendant as a result of the herein
described occurrences.
Plaintiffs further understand and agree that in making this
settlement Defendant is making no admission of liability or fault but
rather that said Defendant denies all liability and fault and is
making this settlement for the purpose of purchasing its peace and to
avoid the vexation and expense of furthe litigation.
EXECUTED TO BE EFFECTIVE the � day of March, 1990.
Sabine Consolidated, Inc.
3.
By* Jq eph Tantillo, President
STATE OF TEXAS
COUNTY OF 7444/l4
1.^,�iillvr� rr-,
,N �� %% JANIEPATTERSON 1
il
, ( ) Notary Public, State of Tex
�/ Commission Expires 5 - 73 il
...^-,..•-•, - -,..../... - _ ,,,,,,,,, - , - ,--,....,,,-,-,-,0
STATE OF TEXAS
COUNTY OF JEFFERSON
4.
First B•nk & Trust of Groves
By: LI DGAR PRESIDENT
Title: - -ide
CITY OF ROUND ROCK, TEXAS
By:
•
Mike Robinson, Mayor
BEFORE ME, the undersigned authority, on this day personally
appeared Joseph Tantillo, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged tome that he
executed the same in the capacity and for the purposes and consider-
ation therein expressed.
Given under 3ly hand and seal of office this the 744 day of
, 1990.
Notary! Public, The State of Texas
(Name - Typed or Printed) p�
My Commission Expires:_ 1 2> J
BEFORE ME, the undersigned authority, on this day personally
appeared W.E.EDGAR, PRESIDENT, FIRST BANK & TRUST , known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same in the capacity and for
the purposes and consideration therein expressed.
Given under my hand and seal of office this the 16th day of
MARCH , 1990.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally
appeared Mike Robinson, the Mayor of City of Round Rock, Texas, known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the executed the same for the
purposes and consideration therein expressed and as the act and deed
of City of Round Rock, Texas.
Given under my hand and seal of office this the day of
, 1990.
AGREED BY ATTORNEY FOR PLAINTIFFS
Robert Scott
Sewell & Riggs
800 M Corp Plaza
Houston, Tex 77001
By:
By:
MELISSA MOORE
NOTARY PUBLIC
State of Texas
s' Comm. Exp. 06-08-91
Robert Scott
AGREED BY ATTORNEY FOR DEFENDANT
Stephan L.
309 E.
Round
Sheets & Associates
Street
Stepha L. Sheets
64
5.
Notary Public, The State of Texas
(Name - Typed or Printed)
My Commission Expires:
•
•
•
•
Notary Public, The State of Texas
(Name - Typed or Printed)
My Commission Expires:
RCV BY :SEWELL & RIGGS ; 2 -26 -90 ; 1 :50PM 1
SABINE CONSOLIDATED, INC. AND
FIRST BANE & TRUST OF GROVES
PLAINTIFFS
VS.
CITY OF ROUND ROCK, TEXAS
DEFEDANT
GCMOTREL
NO. 87 -256 -C
JOINT MOTION TO RELEASE FUNDS
FROM THE REGISTRY OF THE COURT
512 255 8986- SEWELL & RIGGS;7t 7
IN THE 26TH JUDICIAL
DISTRICT COURT OF
WILLIAMSON COUNTY, TEXAS
TO TEE HONORABLE JUDGE OF SAID COURT:
Now Comes Plaintiffs, Sabine Consolidated, Inc. and First Bank &
Trust of Groves and Defendant City of Round Rock, Texas and files this
their Joint Motion To Release Funds From The Registry Of The Court and
would respectfully show the Court the following:
I.
The Defendant has previously deposited with the District Clerk's
Office the sum of $30,255.37 to be held in trust pending the final
outcome of the above referenced cause of action.
II.
111 matters at issue between Plaintiffs and Defendant have been
fully and finally settled. Accordingly, Plaintiffs and Defendant, and
each of them, submit that the $30,255.37 plus' all earned interest
should be paid over to Defendant, City of Round Rock, Texas.
Wherefore, premises considered, Plaintiffs Sabine Consolidated,
Inc. and First Bank & Trust of Groves and Defendant City of Round Rock
and each of them pray that this Court issue its Order to the District
RCV BY:SEWELL & RIGGS ; 2 -26 -90 ; 1 :51PM
Clerk to pay the $30,255.37 plus all earned interest to the City of
Round Rock.
MIME
Signed this day of March, 1990.
2.
512 255 6660+ OCWCLL b M.uuoi« o
Respectfully submitted,
STEPHAN L. SHEETS & ASSOCIATES
309 E Wain Street
Round Reck, Texas
(512) 2 5 8877
78664
4
Hy: gliiiii*-401, v pr
Step.:, L. Sheets
State =- No. 18180800
Attorney for Defendnat
Robert Scott
Sewell i Riggs
800 K Corp Plaza
Houston, Texas 77001
(713) 652 - 8700
By:
Robertt Scott
State Bar No. 17911800
Attorney for Plaintiffs Sabine
Consolidated, Inc. and First
Bank i Trust of Groves
On this day came up for consideration, in the above styled and
numbered cause, the Joint Notion To Release Funds From The Registry Of
Tha Court to tha City of P.o- Pock, and the Court finding said motion
to be in all respects meritorious, it is hereby ORDERED, ADJUDGED AND
DECREED that the Clerk of this Court shall pay over to the City of
Round Rock the sum of $30,255.37 previously deposited plus all earned
Interest.
William 8. Lott, Judge Presiding
RCV BY:SEWELL & RISGS
t
2-20 -90 : 1:49PM
SABINE CONSOLIDATED, INC. AND
FIRST BANK & TRUST OF GROVES
PLAINTIFFS
VS.
CITY OF ROUND ROCK, TEXAS
DEFENDANT
GCJMOTDIS
NO. 87 -256
•
512 255 8880- SEWELL & RIGGS:# 5
IN THE 26TH JUDICIAL
DISTRICT COURT OF
WILLIAMSON COUNTY, TEXAS
JOINT MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now come Plaintiffs Sabine Consolidated, Inc. and First Bank &
Trust of Groves and Defendant City of Round Rock, Texas, and file this
their Joint Notion to Dismiss the above, styled and numbered cause and
would respectfully show the Court the following:
I.
A11 matters at issue between Plaintiffs and Defendant have been
fully and finally settled. Accordingly, Plaintiffs and Defendant, and
each of them, submit that the above styled and numbered cause should
be dismissed with prejudice.
Wherefore, premises considered, Plaintiffs Sabine Consolidated,
Inc. and First Bank & Trust of Groves and Defendant City of Round
Rock, Texas, and each of them, respectfully pray that the above styled
and numbered cause be dismissed with prejudice.
Respectfully submitted,
STEPHAN L. SHEETS & ASSOCIATES
309 E. in Street
Round Ro•k Texts 78 64
(512) 25'•. :877
4
By: glir tP.
Steph L. Sheets
State No. 18180800
Attorney for Defendant
City of Round Rock, Texas
RCV BY :SEWELL b RIGGS 2 -26 -90 ; 1 :50PM
2.
512 255 8986+ SEWELL b RIGGS;# 6
Robert Scott
Sewell & Riggs
800 X Corp Plaza
Houston, Texas 77001
(713) 652 -8700
Robe Scott
State Bar No. 17911800
Attorney for Plaintiffs Sabina
Consolidated, Inc. and First
Bank & Trust of Groves
RCV BY :SEWELL & RIGGS ; 2 -26 -90 7 1 :45PM
SABINE CONSOLIDATED, INC. AND
FIRST BANK & TRUST OF GROVES
PLAINTIFFS
VS. DISTRICT COURT OF
CITY OF ROUND ROCK, TEXAS
DEFEDANT WILT. /AMSON COUNTY, TEXAS
f
ORDER OF DISMISSA/
on this day came up for consideration, in the above styled and
numbered cause, the "Joint Motion to Dismiss" heretofore filed by
Plaintiffs Sabine Consolidated, Inc. and First Bank & Trust of Groves
and Defendant City of Round Rock, Texas, and the Court finding said
motion to be in all respects meritorious, and the Court finding that
Plaintiffs and Defendant, and each of them, have jointly moved for
dismissal of this lawsuit with'prejudice, it is hereby ORDERED,
ADJUDGED AND DECREED that the above styled and numbered cause should
be, and the same is hereby, DISMISSED in its entirety, with prejudice.
Signed on this the day of March, 1990.
AGREED AS TO BOTH FORM
AND =STANCE:
dake A, NL 64,
Steph- L. Sheets
State ;at No. 18180800
Attorney for Defendant
City of Round Rock, Texas
GCORDDIS
NO. 87 -256 -C
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512 255 8986• SEWELL & RIGGS7# 3
IN THE 26TH JUDICIAL
William S. Lott, Judge Presiding
RCV BY:SEWELL & RIGGS : 2 -26 -90 : 1:49PM :
Robert Scot
State Bar No. 17911800
Attorney for Plaintiffs
Sabine Consolidated, Inc. and
First Bank & Trust of Groves
GCORDDIS
512 255 8986. SEWELL & RIGGS:# d
DATE: March 20, 1990
SUBJECT: City Council Meeting, March 22, 1990
ITEM: 17A. Consider discussion and /or action on pending litigation,
including but not limited to,
(i) Sabine Lawsuit