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HomeMy WebLinkAbout2004-03Ordinance 2404-43 An Ordinance Accepting the Retirement Resignation of Mike Hall ADOPTED: January 6, 2004 EFFECTIVE: January 6, 2004 .~- `® `a1 TOWN OF PULASKI, VIRGINIA ORDINANCE 200403 AN ORDINANCE ACCEPTING THE RETIREMENT RESIGNATION OF NIIICE HALL WHEREAS, the Town Council of the Town of Pulaski has determined that it is in the best interest of and consistent with the general welfaze of its citizens to accept the retirement resignation of Mike Hall, an employee in the Town's engineering department, and to accept and adopt and authorize the execution of the attached agreement; and NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia that the Town Manager of the Town of Pulaski is hereby authorized to execute the contract by and between the Town of Pulaski and Mike Hall dated January 2, 2004 and attached hereto as if expressly set forth herein. This ordinance is effective upon adoption and is hereby adopted this 6th day of January, 2004 and is adopted by the duly recorded vote of the Town Council of the Town of Pulaski, as follows: Bettye H. Steger -Aye John T. Bolen -Aye Pauline G. Mitchell -Aye Jeffrey S. Worrell -Aye ATTESTED: G Patricia Cruise, Clerk of Council Kenneth M. Fleenor -Aye James M. Neblett, Jr. -Aye E. G. Black, Jr. -Aye Town of Pulaski, Virginia .,o.. By: Chazles W. Stewart, Jr. Mayor ~~~ CONTRACT This agreement is made by and between the Town of Pulaski (hereinafter referred to as Town) and 1Vlike Hall (hereinafter referred to as Employee) for the mutual promises and conditions and other good and valuable consideration as hereinafter set forth as follows: 1) Town shall in return for employee resignation and or retirement to be effective January 2, 2004 provide employee with health insurance for a period of one (1) year from January Z, 2004; and 2) Employee shall be entitled to receive all benefits accrued by virtue of the existing written Town Policy and none other kept as stated in paragraph (l) above; and 3) Employee also agrees in return for the consideration as stated herein to release the ~= Town from any and all liability and or causes of action whether known or unknown as of the date of this agreement as set forth in that certain document entitled Rel~g executed simultaneously herewith. ENTIItE AGREEMENT It is agreed between the parties hereto that this Agreement is a reasonable settlement of the rights of the parties hereto and that it is the entire understanding o~the parties and that no negotiations or verbal or written ageements exist, but that all such agreements are hereby merged into this document. No modification of the Agreemen shall be allowed unless in writing and signed by the parties hereto. `~~ FURTHER DOCUMENTS Each party agrees to execute any and all documents, instruments, or further writings or documents which may be necessary or appropriate to effectuate the terms of this Agreemem. SEVERABILITY If a Court of competent jurisdiction at any time holds that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect. VOLUNTARY EXECUTION The parties acknowledge that they are entering into this agreement freely and voluntarily and that no coercion, force, pressure or undue influence has been used in the execution of this agreement, either by the other party hereto or by any other person or persons; that they have ascertained and weighted all facts and circumstances likely to influence their judgment herein; that they have sought or had the opportunity to seek and obtain legal advice independently of each other or have freely waived such opportunity; and that they clearly understand and assent to all provisions hereof. All questions pertinent thereto, have been fully and satisfactorily explained to +.hem; that the settlement embodied in this agreement is in all respects acceptance to them, and that accordingly they assent to all the provisions hereof. INTERPRETATION This agreemern shall be interpreted in accordance with the laws of the State of Vugitia. In Witness Whereoty the parties have executed this contract on the 5'`~day of January, 2Q04. `Z ``3 Date l-s-~y Date ,m-~ Havel ,Town Manager Town of Pulaski COMMONWEALTH ~ VIItGII~iIA CITY/COUNTY OF i.,.~G~~ ~ , to-wit: The foregoing instrument was subscribed, sworn to and acknowledged before me this 5_~ day of January, 2004, by Make Hall. ~- Notary Public My Commission Expires: ~ 3 ~ O 5 `~~ coMMONwEai,TH viRGnvra CITY/COUNTY OF l~ ~ to-wit: The foregoing instrument was subscribed, sworn to and acknowledged before me this ~~` day of January, 20x4, by John Hawley, Town Manager. c., Notary Public ~'-.y Commission Expires: ~3 ' .,o.. r ~, ~ RELEASE OF CLAIlbIS This Indenture Witnesseth that, in consideration of the contract entered into by the Town of Pulaski and Mike Hall (Employee) and other good and valuable consideration I, IVfike Hall, for myself and for my heirs, personal representatives and assigns, do hereby release and forever discharge the Town of Pulaski, in Pulaski, Vvginia, including the Town of Pulaski Engineering Department and any and all of its officers and/or members, their heirs, representatives and assigns, from aay and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action, arising from any act or occurrence up to the present time and particularly on account of all employment damagq loss or damages of any kind already sustained or that I may hereafter sustain in consequence of my employment with the Town of Pulaski, V'ugirua. I hereby agree that, as a further con~deration and inducement for this compromse settlement, this settlement shall apply to all unknown and unamicipated injuries and damages resulting from said employment, casualty or event , as well as to those now disclosed in connection with my employment with the Town of Pulaski, V~rguria. I understand that the parties hereby released admit no liability of any sort by reason of said employment and that the said contract dated January 2, 2004 and settlement in compromise is made to terminate further controversy respecting all claims for damages that I have heretofore asserted or that I or my personal representative might hereafter assert because of the said employment. Entire Agreement: It is agreed between the parties hereto that this Agreement is a reasonable settlement of the rights of the parties hereto and that it is the entire understanding of the parties and that no negotiations or verbal or written agreements exist, but that all such agreements are hereby merged into this document. No modifications of this Agreement shall be allowed unless in writing and signed by the parties hereto. Further Documents: Each party agrees to execute arty and all documents, instruments, or further writings or documents which may be necessary to appropriate to effectuate the terms of this Agreement. Severability: If a Court of competent jurisdiction at anytime holds that a portion of this Agreemen is imralid, the remainder shall not be affected thereby and.shall continue in full force and effect. Vow Execution: The parties acknowledge that they are entering into this agreement freely and voluntarily and that no coercion, force, pressure or undue influence has been used in the execution of this Agreement, either by the other party hereto ar by any other person or persons; that they have ascertained and weighted all facts and circumstances likely to influence their judgment herein; that they have sought or had the opportunity to seek and obtain legal advice independently of each other or have freely waived such opportunity; and that they clearly understand and assent to all provisions hereof. All questions pertinent thereto, have been fully and satisfactorily explained to them; that the settlement embodied in this Agreement is in all respects acceptable to them, and that accordingly they assent to all the provisions hereof. Intga~pretation: This Agreemem shall be interpreted in accordance with the laws of the State of V"uginia 11 t~ • ~ r Haw ,Town County of Pulaski Commom~vealth of Vuginia I, Q(~-Q~ , ~ C.,2a~s~ ,notary public in and for the Commonwealth of Vuginia at large, do hereby certify that John Hawley has sul?scribed his name to the foregoing instrument before me in nijr county and state aforesaid this 1~ day of January, 2004. Notary Public My Commission Expires: ~, ~3 ~ ~ fl j County of Pulaski Commonwealth of Virginia I, P~ (L~~ ~ ~ C ~CLu.I ~cr ,notary public ;n and for the Commonwealth of Vnginia at large, do hereby certify that Mike Hall has subscnbed his name to the foregoing instrument before me in my county and state aforesaid this Ss4` day of January;, 2004. i ~ r ~ c ~1, ~rsr Notary Public Iviy Commission Expires: ~ 1T t ~,` ~ 1 `1 I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2004-03, An Ordinance Accepting the Retirement Resignation of Mike Hall, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on January 6, 2004. c., Patricia Cruise, Clerk of Council .~- Tc/c/ordinance/certification 2004-03