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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