1990-178ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A RELEASE AND
SETTLEMENT AGREEMENT OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN
THE CITY OF DENTON AND GLEN ALLAN SMITHERS; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Release and Settlement Agreement
of all claims between the City of Denton and Glen Allan Smithers,
providing for the settlement and compromise of the litigation now
pending between the parties before the 367th Judicial District
Court of Denton County, Texas in Cause No. 87-2206-367, is approved
in accordance with its terms. The City Manager is authorized to
execute the agreement and all other documents and make the payments
and take such action as is necessary to comply with the terms of
said agreement.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the [I/ -day of , 1990.
BOB CASTLEBERRY, MAYOR
APPROVED AS-TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: Llxa-"~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CAUSE NO. 87-2206-367
GLEN ALLAN SMITHERS § IN THE DISTRICT COURT
VS. § OF DENTON COUNTY, TEXAS
THE CITY OF DENTON, TEXAS § 367TH JUDICIAL DISTRICT
RELEASE AND SETTLEMENT AGREEMENT
The undersigned, for and in consideration of the sum of Thirty
Two Thousand ($32,000.00) Dollars, to me in hand paid, the receipt
of which is hereby acknowledged and confessed, does hereby covenant
that this is a Release and Settlement Agreement made under a denial
of liability and shall never be construed as an admission of
liability and is made for the purpose of buying the peace of all
parties and persons hereby released and to avoid further expense.
In consideration of said sum and the premises, the undersigned does
hereby receive said sum in full, final and complete release,
discharge, compromise and satisfaction of any claims, actions,
demands or causes of action which have arisen or may hereafter
arise, known or unknown, by the undersigned, his heirs, assigns or
representatives for damages, actual or exemplary, costs, expenses
of any element of damages including fees of any character, by
reason of or growing out of this cause of action which involves a
worker's compensation claim which has been appealed by The City of
Denton, Texas.
And, the undersigned hereby covenants, warrants and agrees
that no promise, inducement, representation, conduct by the persons
hereby released, their agents or attorneys or any person in privity
with them, has induced this release, except as hereinafter set
forth.
RELEASE AND SETTLEMENT AGREEMENT - Page 1
The undersigned, for himself and his heirs, assigns and
representatives, covenants not to sue the said released party for
that claim he made for worker's compensation arising out of an
alleged accident which occurred on or about August 7, 1986.
Further, as the undersigned, I hereby agree and accept that
all outstanding medical expenses incurred by me for the treatment
of the injury alleged by me in the above styled and numbered cause
and all other medical and further medical expenses incurred by me
after the entry date of this judgment shall be paid by me.
I further agree that a Judgment may be entered in this case
reflecting the terms of this Release and Settlement Agreement.
EXECUTED this Ada of
Y 1990.
Glen Allan Smithers
STATE OF TEXAS §
av-- §
COUNTY OF-PALfikS
§
BEFORE ME, the undersigned authority, on this day personally
appeared Glen Allan Smithers, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed.
SWORN TO AND SUBSCRIBED BEFORE ME on this the 47.>7 L day of
1990.
MY COMMISSION EXPI ^ NO i P. Y P TE3 6
TERY PUBLIC IN
r. LXp 2TH STATE OF TEXAS
RELEASE AND SETTLEMENT AGREEMENT - Page 2