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1988-1252411L NO s~ ja s AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DWIGHT ANDERSON AS NEXT FRIEND FOR DANA L ANDERSON, AN INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A MINOR, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Settlement and Compromise Agreement etween the City of Denton and Dwight Anderson as next friend for Dana L Anderson, an incapacitated person, and Shanda Michelle Anderson, a minor, providing for the settlement and compromise of the litigation now pending between the parties before the 158th Judicial District Court of Denton County, Texas in Cause No 86-2000-B, is approved in accordance with its terms, and 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 imme ate y upon its passage and appro al PASSED AND APPROVED this the day of 1988 STEPHENS, MAYOR OrAY ATTEST N 'E , ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY CAUSE NO 86-2000-B DWIGHT ANDERSON AS NEXT FRIEND FOR DANA L. ANDERSON, AN INCAPACITATED PERSON, AND SHANDA MICHELLE ANDERSON * v8 * CHARLES BROCKETTE, JR , FOX FEED & RANCH, INC., GARY MOORS, AND THE CITY OF DENTON IN THE DISTRICT COURT OF DENTON COUNTY, TEXAS 158TH JUDICIAL DISTRICT SETTLEMENT AGREEMENT AND STIPULATION FOR JUDGMENT KNOW ALL MEN BY THESE PRESENTS, That it is agreed by and between SHANDA MICHELLE ANDERSON and DWIGHT ANDERSON, Individually and as-Next-Friend For DANA L ANDERSON, an incapacitated person, and DANA L. ANDERSON, an incapacitated person, acting herein by and through his guardian ad litem, duly-appointed by the Court, and Defendants, Gary Moors and the City of Denton, Texas, as follows: 1. Defendant, Gary Moors, will pay to Plaintiffs the total aggregate sum of $10,000.00 upon the entry of the Judgment by the Court herein. Defendant, City of Denton, will pay the further sum of $6,000.00 per year, for fifteen years, or until the death of Dana L. Anderson, whichever comes first The first payment of $6,000.00 shall be made on or before July 1, 1989 and succeeding payments shall be made on or before July 1 of each succeeding year for fourteen additional years or until the death of Dana L Anderson, whichever comes first. Payments shall be made by check payable to Dwight Anderson, individually and as next friend for Dana L Anderson, Shanda Michelle Anderson, & x Dustin Fillmore, attorney, said checks being sent to Mr H Dustin Fillmore, Fillmore, Herrick & Harrington, 1100 commerce Building, 307 w Seventh Street, Fort Worth, Texas 76102 or to such other address as Plaintiffs' attorney may designate in writing signed by all of them and delivered to the office of the City Attorney, City of Denton In the event that Dana L Anderson should die before July 1, 20030 then Defendants shall make the last and final payment of $6,009 Off on the first day of July following the death of the Dana L Anderson to Shanda Michelle Anderson, by check payable to Shanda Michelle Anderson & Dustin Fillmore, attorney Said sums as set out above shall be apportioned to the respective parties as the Court deems just and fair 2 For and in consideration of said payments, Dwight Anderson, individually and as next friend for Dana L Anderson, Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated person, appearing herein by and through his guardian ad litem, have agreed and do agree to and with the Defendants, that the sums so paid shall be in full and final satisfaction and compromise of and all actions, causes of action, claims (including subrogation claims), demands, damages, costs, loss of services, expenses, and compensation on account of or in any way growing out of any and all personal injuries, pain and suffering, grief, bereavement, loss of consortium and companionship, mental anguish, loss of earning capacity, and property damage, whether known or unknown and whether heretofore asserted or not, owned or possessed by any of said Plaintiffs against Gary moors, his family, relatives, insurers, and attorneys, or the City of Denton, its elected officials, its officers, employees, agents, attorneys, and insurers growing out of or in any way connected with a certain accident which occurred on or about June 9, 1986 in Denton County, Texas. Reference is made to the pleadings of the parties on file for a more complete description of the respective contentions. Tbts-settlement is intended to cover all claims arising out of or connected with the events described in said-pleadings imoluding-claims for personal injury and-property damage 3. The undersigned understand and agree that the amount paid-under-this agreement is in full satisfaction for-all-damages arising on account of the above described incident and that they will receive no further sums of money therefrom from persons or entities released by this agreement The undersigned agree not to assert or prosecute any further claims or lawsuits therefore against anyone whomsoever, whether or not herein or otherwise named, described, or identified Any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby-released. 4. It is expressly understood and agreed that Dwight Anderson, individually and as next friend for Dana L Anderson, 8handa Michelle Anderson, and Dana L Anderson, an incapacitated person, appearing by and through his guardian ad litem have already paid or will pay out of the afforementioned sums in the past or to be incurred in the future by Dwight Anderson, individually and as next friend for Dana L Anderson, Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated person, all medical, doctors, chiropractors, and hospital charges received in the past or to be incurred in the future by Dwight Anderson, individually and as next friend for Dana L. Anderson, Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated person, appearing by and through his guardian ad litem and will defend, indemnify, and hold harmless the parties released by this agreement and their insurers of and from any claims for such charges especially with reference to any-liens under the Texas Hospital Lien Law. - - B The undersigned parties, for the- consideration hereinabove expressed, represent and agree that this settlement is in- compromise and is a full accord and satisfaction of a doubtful and disputed claim and that the payment to be made by said Defendants does not constitute and-shall-not-.he-construed as constituting an admission of liability on the part of said Defendants who have denied that they are liable to Plaintiffs on account of- the--matter-compromised and sattled by this stipulation and agreement and by judgment so rendered by the Court pertinent thereto 6 This stipulation and agreement shall be and is hereby respectfully submitted to the Court by all parties including said Guardian ad litem who is of the opinion and represents to the court that the proposed settlement is to the advantage of said minor and is for his best interests and said parties do further request approval of the agreement of this court 7 Plaintiffs hereby represent to Defendants and to the Court that no promises, representations or agreements not set out herein have been made to them, that this settlement agreement and stipulation for judgment is executed without reliance upon any statement- or representation ol-any person or parties released or their representatives, concerning the nature and extent of the injuries, damages and/or legal-liability therefore, but that-this settlement and compromise is made of-their own free will and accord after consulting with physicians of their own choice and selection and after consulting with and acting upon the advice of their attorneys. THE PROVISIONS OF THIS SETTLEMENT AGREEMENT AND STIPULATION FOR JUDGMENT-ARE-CONTRACTUAL AND NOT MERE RECITALS WITNESS their hands-this day of 1988. SHANDA MICHELLE ANDERSON DWIGHT ANDERSON This instrument was Michelle Anderson on this acknowledged before me by Shanda day of , 1988 Notary Public-State of Texas my commission expires This instrument Anderson individually this _ day of before me by Dwight for Dana L Anderson on Notary Publ -a-State of Texas My commission expires APPROVAL H DUSTIN FILLMORE ATTORNEY FOR PLAINTIFFS RUSSELL WELCH GUARDIAN AD LITEM was acknowledged and as next friend , 1988 RONALD H CLARK ATTORNEY FOR DEFENDANTS, GARY MOORS AND CITY OF DENTON