1993-098b:\settle.o
ORDINANCE NO. 93-0?
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 GAMBLE V. CITY OF DENTON, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Compromise Settlement Release of All Claims in the matter
of Gamble v. City of Denton, providing for the settlement and
compromise of the litigation now pending between the parties in the
16th District Court, Denton County, Texas, Cause No. 92-10064-16 in
an amount not to exceed Seven Thousand Seven Hundred and Thirty-
seven Dollars ($7,737.00).
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the r"• day of Llu if , 1993.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CASTLEBERRY,
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CAUSE NO. 92-10064-16
NORMA LYNN GAMBLE AND § IN THE DISTRICT COURT
HUSBAND, DAVID GENE GAMBLE §
VS. § DENTON COUNTY, TEXAS
CITY OF DENTON, TEXAS, §
LES GIBSON AND JEFF GANN § 16TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Seven Thousand Seven
Hundred and Thirty-seven ($7,737.00) Dollars to be paid by the City
of Denton, Texas on or before June 4, 1993, Norma Lynn Gamble and
David Gene Gamble do hereby release, acquit, and forever discharge
the City of Denton, Texas, its elected officials, agents, employ-
ees, insurers, and attorneys of and from any and all actions,
causes of action, claims (including subrogation claims except claim
of Billy Jack Levisay), demands, liabilities, obligations, costs,
expenses and damages of any kind whatsoever, whether based in
common law, contract, warranty or tort, or upon constitutional or
statutory rights, including, but not limited to, court costs,
attorneys fees, damage to reputation, pain and suffering, grief,
bereavement, loss of consortium and companionship, mental anguish,
loss of earning capacity, loss of profits, damage to and taking of
property, loss of services, actual, punitive and exemplary damages,
and all other damages, whether known or unknown, and whether here-
tofore asserted or not, resulting or to result from, or in any
Compromise Settlement Release of all Claims/Page 1
manner related to the automobile accident which occurred on or
about January 31, 1990, all as more fully described in the plead-
ings on file herein to which reference is made for a more complete
description; and do hereby agree to indemnify and save harmless
said City of Denton, Texas, its elected officials, agents, employ-
ees, attorneys and insurers, of and from all further actions,
causes of action, claims (including subrogation claims, except
claim of Billy Jack Levisay), demands, liabilities, obligations,
costs or expenses and damages arising out of the injuries and
damages sustained by them as a result 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 further sums of
money from the City of Denton, Texas, its elected officials,
agents, employees, attorneys and insurers as a result of this
accident.
It is expressly understood and agreed that Norma Lynn Gamble
and David Gene Gamble have already paid or will pay out of the
aforementioned total sum of Seven Thousand Seven Hundred and
Thirty-seven ($7,737.00) Dollars all medical, doctors' and hospital
charges received in the past or to be incurred in the future by
them and that they will defend, indemnify and hold harmless said
City of Denton, Texas, its elected officials, agents, employees,
attorneys and insurers, from any claims for such charges.
Compromise Settlement Release of all Claims/Page 2
In further consideration of the payments made by the City of
Denton, Texas, Norma Lynn Gamble and David Gene Gamble, expressly
warrant and represent that (other than medical charges discussed
above) no assignment, pledge, sale or transfer of any right, title,
interest or claim which is released herein has been made, except to
counsel approving this Release. The Gambles further agree to
indemnify and hold harmless the City of Denton, Texas, its elected
officials, agents, employees, insurers and attorneys from any
claims or causes of action brought by persons or entities claiming
a right, title, interest or claim in the matters herein released.
It is expressly warranted by Plaintiffs that no promise or in-
ducement 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 considera-
tion set forth herein is in full accord and satisfaction of a dis-
puted claim for which liability is expressly denied.
FOR THE SAME CONSIDERATION, it is agreed that the above styled
suit will be dismissed with prejudice with costs of suit taxed to
the party incurring same.
This document contains the entire agreement of the parties
hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS.
Compromise Settlement Release of all Claims/Page 3
WITNESS our hands this the Zjo~day of
1993.
CITY OF
TEXAS
1611-
LL6YD'V. HAR
CITY MANAGER
APPROVED:
`7
MICHAEL A. BUCEK
ATTORNEY FOR DEFENDANT
CITY OF DENTON, TEXAS
NO LYNN G E
.n
DAVID GE E GAMB E
APPROVED:
DAVID WACKER
ATTORNEY FOR PLAINTIFF
Compromise Settlement Release of all Claims/Page 4
THE STATE OF TEXAS S
COUNTY OF DENTON S
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 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 the City of Denton,
Texas and Norma Lynn Gamble, 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.
IVEN under my hand and seal of office this the day of
IZJ 1993.
-
Cf N ary Public, Stat of Texas
1EANETTE SCOTT
NOM PUBUC, STATE OF TO M
4 ' Mfr Commission Expires March 3L L997
Compromise Settlement 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 Norma Lynn
Gamble, known to me to be the person who executed the foregoing
instrument 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 the
City of Denton, Texas and Norma Lynn Gamble and David Gene Gamble,
for the limited matter or thing dealt with in the foregoing
instrument; and that the same was executed by her without any
threat, force, fraud, duress, or representation of any kind by any
person whomsoever; and that at the time of execution of the
release, Norma Lynn Gamble 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.
VEN under my hand and seal of office this the day of
1993.
Notary Public, State of Texas
Compromise Settlement 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 David Gene
Gamble, 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 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 the
City of Denton, Texas and Norma Lynn Gamble and David Gene Gamble,
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 at the time of execution of the
release, David Gene Gamble 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 the day of
Cak'4U , 1993.
'Zwg'~~ 6
Notary Public, State of Texas
Compromise Settlement Release of all Claims/Page 7