1993-013b:\ambers9n\set1ment.o
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE
OF ALL CLAIMS IN THE MATTER OF AMBERSON, ET AL V. KIDWELL, ET AL;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Compromise Settlement Release of
All Claims in the matter of Amberson, et al v. Kidwell, et al,
providing for the settlement and compromise of the litigation now
pending between the parties in the 16th District Court, Denton
County, Texas, Cause No. 92-10301-16 is approved in accordance with
its terms, and the City Manager is hereby authorized to execute
same on the City's behalf.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the day of ,
1993.
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY :
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
9
NO. 92-10301-16
DAVID AMBERSON AND LINDA §
AMBERSON §
VS. §
TODD KIDWELL, INDIVIDUALLY AND §
AS AGENT, SERVANT, AND EMPLOYEE§
OF CITY OF DENTON TEXAS POLICE §
DEPARTMENT AITD CITY OF DENTON §
TEXAS, CITY OF DENTON TEXAS §
POLICE DEPARTMENT AND CITY OF §
DENTON TEXAS §
IN THE DISTRICT COURT
DENTON COUNTY, TEXAS
16TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Two Hundred Fifty
Dollars ($250.00) in hand paid this day by check, the receipt and
sufficiency of which is hereby acknowledged, David Amberson and
Linda Amberson do hereby release, acquit, and forever discharge
the City of Denton, Texas, its elected officials, agents, employ-
ees, insurers,. and attorneys and Todd Kidwell, Individually and
as agent, servant, and employee of City of Denton, Texas Police
Department, his family members, agents, attorneys, and insurers,
and each of them and Defendant City of Denton, Texas Police
Department and City of Denton, Texas, of and from any and all
actions, causes of action, claims (including subrogation claims),
and demands, on account of, or in any way growing out of, or
which may in the future grow out of, any and all personal
Compromise Settlement and Release of All Claims/Page 1
injuries, violations of constitutional or statutory rights,
damage to reputation, pain and suffering, grief, bereavement,
loss of conscrtium and companionship, mental anguish, loss of
earning capacity, loss of profits, damage to and taking of
property, costs, loss of services, and all other damages, whether
known or unknown, and whether heretofore asserted or not,
resulting or to result from a motor vehicle accident which
occurred on or about May 14, 1990, all as more fully described in
the pleadings on file herein to which reference is made for a
more complete description; and does hereby agree to indemnify and
save harmless said Todd Kidwell, Individually and as agent,
servant, and -.mployee of City of Denton, Texas Police Department,
his family members, agents, attorneys, and insurers, and each of
them and Defendant City of Denton, Texas Police Department and
City of Denton, Texas of and from all further claims, including
subrogation claims, demands, costs or expenses arising out of the
injuries and damages sustained by them as a reset of said
incident, whether or not included in a claim for damages. The
undersigned understands and agrees that the amount paid under
this agreement is in full satisfaction of all damages arising on
account of the above described accident, and that they will
receive no fi.rther sums of money from Todd Kidwell, Individually
and as agent, servant, and employee of City of Denton, Texas
Police Department, his family members, agents, attorneys, and
Compromise Settlement and Retease of All Claims/Page 2
insurers, and each of them, nor from Defendant City of Denton,
Texas Police Department and City of Denton, Texas as a result of
this accident.
It is expressly understood and agreed that David Amberson and
Linda Amberson have already paid or will pay out of the aforemen-
tioned total sum of Two Hundred and Fifty Dollars ($250.00) all
medical, doctors' and hospital charges received in the past or to
be incurred in the future by either of them and they will defend,
indemnify and hold harmless said Todd Kidwell, Individually and
as agent, servant, and employee of City of Denton, Texas Police
Department, his family members, agents, attorneys, and insurers,
and each of them and Defendant City of Denton, Texas Police
Department and City of Denton, Texas, of any from any claims for
such charges.
It is expressly warranted by Plaintiffs that no promise or
inducement has been offered except as herein set forth; that this
Release is executed without reliance upon any statement or repre-
sentation of any person or parties released or their representa-
tives, concerning the nature and extent of the injuries, damages
and/or legal liability therefor; that acceptance of the
consideration set forth herein is a full accord and satisfaction
of a disputed claim for which liability is expressly denied.
FOR THE SAME CONSIDERATION, it is agreed that the above
styled suit will be dismissed with prejudice to refile the same.
Comprcmise Settlement and Release of All Claims/Page 3
This document contains the entire agreement of the parties
hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS.
re brukf
WITNESS our hands this the day of may, 1993.
CITY OF DENTON, TEXAS
By : UL
LLOYD V. HARRELL
CITY MANAGER
•AVID AMBERSON
s
APPROVED:
JERRY E. D , JR.
ATTORNEY FOR DEFENDANTS
APPROVED:
jlh----
JAME~ A. BLANTON
ATTORNEY FOR PLAINTIFFS
Compromise Settlement and Release of All Claims/Page 4
LINDA AMBERSON
THE STATE OF' TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Lloyd V.
Harrell, known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed; that he exe-
cuted the same as his free and voluntary act and deed after
having it fully explained to him, and after having read it fully,
and after realizing the effect thereof to be a mutual release
between and among the City of Denton, Texas, Todd Kidwell, David
Amberson and Linda Amberson, for the limited matter or thing
dealt with in the foregoing instrument; and that the same was
executed by him without any threat, force, fraud, duress, or
representation of any kind by any person whomsoever; and that he
had the legal authority to bind the City of Denton, Texas to such
an agreement; and that at the time of execution of the release,
Lloyd V. Harrell was completely sober, sane, and capable of
understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his
acts.
GIVEN under my hand and seal of office this 15h_ day of
T=om , 1993.
%ehruJr1j
~gov EUZAW~mryjv ujAMS kotai6j Public, tate of Texas
• STA7EOf1@XAS
.,~~~itOmagyp.Ma16,1993
Comprcmise Settlement and Release of All Claims/Page 5
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared David Amberson,
known to me to be the person who executed the foregoing instru-
ment and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed
the same as 1~is free and voluntary act and deed after having it
fully explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Todd Kidwell, David Amberson and
Linda Amberson, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by him with-
out any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution
of the release, David Amberson was completely sober, sane, and
capable of understanding the character of his acts and deeds and
was in complete charge of all of his faculties and capable of
executing this instrument and of understanding the significance
of his acts.
GIVEN under my hand and seal of office this day of
jmTm f'y , 1993.
rie&a av y
S
LEENMtMlEY
Notary Public, State of Tex s
J' V V
f0 ~
Compromise Settlement and Release of All Claims/Page 6
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Linda Amberson,
known to me to be the person who executed the foregoing instru-
ment and acknowledged to me that she executed the same for the
purposes and consideration therein expressed; that she executed
the same as her free and voluntary act and deed after having it
fully explained to her, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Todd Kidwell, David Amberson and
Linda Amberson, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by her with-
out any threat., force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution
of the release, Linda Amberson was completely sober, sane, and
capable of understanding the character of her acts and deeds and
was in complete charge of all of her faculties and capable of
executing this instrument and of understanding the significance
of her acts.
GIVEN under my hand and seal of office this /Dyl day of
aa~, 19 9 3
F"~bru and ~ P &rm
LK Notary Public, State of T as
n my canm. 91 q%
Compromise Settlement and ReLease of Alt Claims/Page 7
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Todd Kidwell,
known to me to be the person who executed the foregoing instru-
ment and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed
the same as his free and voluntary act and deed after having it
fully explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Todd Kidwell, David Amberson and
Linda Amberson, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by him with-
out any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution
of the release, Todd Kidwell was completely sober, sane, and
capable of understanding the character of his acts and deeds and
was in complete charge of all of his faculties and capable of
executing this instrument and of understanding the significance
of his acts.
GIVEN under my hand and seal of office this day of
ate, 1993.
DONNA RUWBOTHAM
C
fl6aiRi PUBLIC. SIAT£ OF TEXAS
r'' w~}tMy Cammission Expires April 11, 19
Notary Public, Stmt' Texas
Compromise Settlement and Release of All Claims/Page 8