1990-092AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE
SETTLEMENT AND RELEASE OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN
THE CITY OF DENTON AND KEN D. CONOVER; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Compromise Settlement and
Release of All Claims between the city of Denton and Ken D.
Conover, providing for the settlement and compromise of the
litigation now pending between the parties before the 16th Judicial
District Court of Denton County, Texas in Cause No. 89-1235-A, 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 appro~/ ~
PASSED AND APPROVED this the__g' day of - ,
1990. ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRvv~D AS TO LEGAL FO :
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CAUSE NO. 89-1235-A
KEN D. CONOVER * IN ~ DISTRICT COURT OF
*
VS. *
*
TEXAS EMPLOYERS ' INSURANCE *
ASSOCIATION, CITY OF DENTON * DENTON COUNTY, TEXAS
~'l#'~n~T ~ S~Tr~ .~
Plaintiff KEN D. CONOVER in the above-entitled and
numbered cause, Joined herein by David Nix, Plaintiff attorney of
record, and TEXAS EMPLOYERS' INSURANCE ASSOCIATION and the CITY OF
DENTON, Defendants herein, acting by and through their attorney of
record, do hereby stipulate and agree upon a satisfactory compromise
and settlement of all claims arising from Plaintiff's alleged
accident while employed at the CITY OF DENTON.
Plaintiff agrees to accept the sum of $27,500, reasonable
and necessary future medical expenses until 5/17/92 at the direction
of Dr. Otmar Albrand, all unpaid past medical expenses, all past
medical expenses, if any, paid by Plaintiff or Plaintiff's attorney,
plus payment of all court costs, in full settlement, compromise and
acquittance of all claims arising from or related to the accident
made the basis of this case or Plaintiff's employment at the CITY OF
DENTON, including all claims and demands, actions and causes of
action for damages, workers' compensation benefits and/or medical
expenses due under the Texas Workers' Compensation Law of the State
of Texas and all other claims, whether known or unknown, including
PAGE 1 COMPROMISE SETTLEMENT AGREEMENT
but not limited to any claim for bad faith, failure to act in good
faith, wrongful discharge, discriminatory discharge and/or acts under
common or statutory law, breach of contract, or any other claim
sounding in tort or contract which Plaintiff has now or may have in
the future against Defendants herein growing out of or connected in
anyway with Plaintiff's employment with the CIT~ OF DENTON and/or
Plaintiff's accident alleged to have occurred in Denton County,
Texas, on or about the 22nd day of June, 1988, when the Plaintiff
claims to have been injured in the course of his employment for the
CITY OF DENTON.
It is understood and agreed between the parties hereto that
the extent of the liability of Defendants TEXAS EMPLOYERS' INSURANCE
ASSOCIATION and the CITY OF DENTON is indefinite, uncertain and
incapable of being satisfactorily established, and the Plaintiff
releases TEXAS EMPLOYERS' INSURANCE ASSOCIATION and the CITY OF
DENTON, their insurers, attorneys, employees, agents and
representatives from any and all liability for past and future
damages, for past and future compensation and for past and future
medical expenses incurred or which have been incurred or may be
incurred in the future arising from or related to Plaintiff's
alleged injuries and/or his employment at the CITY OF DENTON
except as set out herein.
PAGE 2 COMPROMISE SETTLEMENT AGREEMENT
It is hereby agreed and understood that upon the approval
of this Compromise Settlement Agreement by the Court, and entry of
the Judgment in accordance with this Agreement, the agreed sums will
be paid by these Defendants to the Plaintiff and Plaintiff's
Attorney.
It is further understood and agreed that Jud~u~ent will be
entered herein carrying into effect this Agreement.
Plaintiff does hereby represent and warrant that he
employed David Nix, attorney, to represent him in connection with
this claim, and that Plaintiff agreed to pay said attorney a 25% fee
which is within the limits provided by the Workers' Compensation Law
of the State of Texas.
Plaintiff represents and warrants that he has entered into
this Agreement of his own free will and accord and Plaintiff has not
been induced to do so by the statements, acts or representations of
the said Defendants or anyone else.
It is hereby understood and agreed that all the
Jurisdictional facts exist investing this Court with Jurisdiction of
this suit and cause of action.
PAGE 3 COMPROMISE SETTLEMENT AGREEMENT
WITNESS our signatures this __ day of , 1990.
KEN D. CONOVER
Plaintiff
DAVID NIX
Attorney for Plaintiff
SCOTT A. HENDERSON
SMITH, SMITH, SMITH & HENDERSON
Attorney for Defendants
THE STATE OF TEXAS )
)
COUNTY OF )
BEFORE ME, the undersigned authority, on this day
personally appeared KEN D. CONOVER 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 purpose and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1990.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
Commission Expires~
PAGE 4 COMPROMISE SETTLEMENT AGREEMENT