1988-1902211L
NO b 'I
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 I-RIEND 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 between 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 penning 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SECTION II That Ordinance No 88-125 is hereby repealed in
its ent rety
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
$1 6)~ lip ~AA
PASSFD AND APPROVED this the off' day of 16vtr 1988
RAY S 'P ENS, AYOR
ATTEST
lam/
I ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DFBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
e
CAUSE NO 86-2000-B
DWIGHT ANDERSON AS NEXT FRIEND
FOR DANA L ANDERSON, AN
INCAPACITATED PERSON, AND
SHANDA FICHELLE ANDERSON
VS
CHARLES BROCKETTE, JR ,
FOX FEED & RANCH, INC ,
GARY MOORS, AND THE CITY OF
DENTON
* 114 THE DISTRICT COURT OF
* 1988
* DENTON COUNTY, TEXAS T
*
*
*
* 158TH JUDICIAL DISTRICT
SETTLEMENT AGREEMENT AND STIPULATION FOR JUDGME
NT
KNOW ALL MEN BY THESE PRESENTS
1 Defendants, the City of Denton and Gary Moors, will,
upon the entry of the Judgment by the Court herein pay to
Plaintiffs, Dana L Anderson and Dwight Anderson, individually
and as next friend for Dana L Anderson, an incapacitated persor,
the total aggregate sum of $10,000 00 Defendant, Cit} of
Denton, will pay to Plaintiffs 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 Said periodic payments shall be made by
check payable to "Dwight Anderson, as next friend for Dana L
Anderson" until the City of Denton, or its successor or assignee
(as described below) receives notification by a certified copy of
letters of guardianship appointing a successor guardian-of the
person and estate of Dana L Anderson together with an order from
SETTLEMENT AGREEMENT & STIPUL•nTION FOR JUDGME NT - Page 1
a court of competent Durisdiction authorizing such successc.
guardian to accept and receive the payments, or the Cit} receives
an order from the Court directing otherwise In the event that
Dana L Anderson should die before July 1, 2003, then the City
shall make the last and final payment of $6,000 00 on or before
the first day of July following the death of Dana L Anderson by
check payable to the estate of Dana L Anderson
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 any and all actions, causes of action, claims
(including subrogation claims), and demands, on account of or in
any way growing out of any and all personal injuries, pain and
suffering, grief, bereavement, loss of consortium or
companionship, mental anguish, loss of income or earning
capacity, loss of services, costs, expenses, property damage, and
other losses 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 against the City of Denton, its elected officials,
officers, employees, agents, attorneys, and insurers, growing out
of or in any way connected with a certain accident which occurred---
SETTLEMENT AGREEMENT & STIPULATION FOR JUDGMENT - Page 2
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 This settlement is
intended to cover all claims arising out of or connected with the
events described in said pleadings including claims for personal
injury and property damage
3 The City of Denton may, but is not obliged to, make a
"Qualified Assignment" (within the meaning of Section 130(c) of
the internal Revenue Code of 1954, as amended) of its liability
to make the periodic payments, by purchasing said annuity
contract Such assignment, if made, shall be accepted by the
duly appointed qualified guardian of Dana L Anderson without
right of rejection and shall completely release and discharge the
City of Denton from such obligations under the Settlement
Agreement as are assigned in the event of such an assignment,
the assignee shall be the sole obligor with respect to the
obligations assigned, and all other releases that pertain to the
liability of the City of Denton shall thereupon become final,
.irrevocable, and absolute
4 If the City of Denton makes a "Qualified Assignment" of
the liability to make the periodic payments
a Dwight Anderson's or a successor guardian's rights
against assignee are no greater than those of a general creditor,
b Assignee is not required to set aside funds for the
periodic payments or otherwise secure its obligation to make the
periodic payments to Dwight Anderson or a successor guardian
SETTLEMNT AGREEMENT & STIPULATION FOR JUDGMENT - Page 3
c Dwight Anderson or a successor guardian has no right to
accelerate, defer, increase, or decrease the amount of any
payment required to be made under the judgment, and
d Dwight Anderson or a successor guardian is not entitled
to assign any of the payments required to be made pursuant to the
judgment Any annuity or other contract which is acquired by
assignee pursuant to tho judgment shall be and remain the sole
property of Assignee, and claimant shall have no ownership rights
whatsoever, either actual or constructive, in any such annuity,
including no right to change the beneficiary or other control
thereof, or any rights of the secured party therein
5 Notwithstanding any preceding language to the contrary,
the City of Denton shall remain secondarily liable to make the
periodic payments if the liability therefore is assigned under
paragraph F above, but only if the assignee under paragraph F
above defaults on its obligation to make said periodic payments
in the event of a default on the periodic payments by the
Assignee, the City of Denton, after receiving notice thereof by
certified mail, return receipt requested, shall have the option
to (a) make the periodic payments according to the schedule, (b)
purchase another annuity to cover the remaining liability for the
unpaid period payments pursuant to Paragraph F above or (c) pay
the present value of the remaining periodic payments to Dwight
Anderson as next friend of Dana L Anderson Exercising any of
these options will fulfill the City of_Denton's obligation to
make the period payments In the event that the City of Denton
SETTLEMENT AGREEMENT & STIPULATION FOR JUDGME NT - Page 4
exercises and performs either option (a), option (b), or option
(c) of this Paragraph, Dwight Anderson, or a successor guardian
of Dana L Anderson, after court approval, shall transfer to the
City of Denton all his rights to receive further periodic
payments from the defaulting assignee
6 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
7 It is expressly understood and agreed that 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 have
already paid or will pay out of the aforementioned sums 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
Plaintiffs 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- Plaintiffs will defend,
indemnify, and hold harmless the parties released by this
agreement from_any and all actions, demands, and causes of act Lon
past, present, or future, brought by Plaintiffs or on their
SETTLM MNT AGREEMENT & STIPULATION FOR JUDGMENT - Page 5
behalf as a result of or growing out of the above described
accident of June 9, 1986
8 The undersigned parties, for the consideration
hereinabove expressed, represent and agree that this settlement
is in compromise of, 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 be 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 settled by this stipulation
and agreement and by judgment so rendered by the Court pertinent
thereto
9 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
10 Defendants hereby warrant and represent the following
facts to be true and correct that Defendant Gary Moors, at all
times relevant and material to the incident made the basis of
this lawsuit, was acting in the course and scope of his
employment with the City of Denton, and that Defendant, the City
of Denton, is a municipal corporation, incorporated in Denton
County,- Texas, entitled to- the protection-of the doctrine of
governmental immunity and to the defenses, protections, and
SF ,LENFNT AGREEMENT &STIPULATION FOR JIIDGMENT - Page 6
limitations, of sections 101 001 et seq of the Texas Civil
Practice & Remedies code concerning governmental liability
11 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 of 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 own attorneys
THE PROVISIONS OF THIS SETTLEMENT AGREEMENT AND STIPULATION
FOR JUDGMENT ARE CONTRACTUAL AND NOT MERE RECITALS
WITNESS their hands this 2~-day of c ^ ✓ ,
1988
1
i
DWIGHT ANDERSON, Individually and
as next friend of Dana L
Anderson, an incapacitated person
ATTEST
(city seal)
ac T77MMU GREP 0M & STIPULATION FOR .~U?+G~'~ - Page 7
CITY OF DENTON CITY MANAGER, CITY OF DENTON
This instrument was acknowledged before me by Dwight
Anderson, individually, and as next friend for Dana L Anderson
on this A'7 ry' day of jlyv --n-J.c✓ , 1988
p, Noary Public - State o
Mqy My comrission expires
FOR PLAINTIFFS
GUARDIAN AD LITEM
RONALD H CLARK
ATTORNEY FOR DEFENDANTS, GARY MOORS & CITY OF DENTON
SFTTTFNUM AGREEMENT & STIPULATION FOR JIIDGMENT - Page 8
NO 86-2000-B
DWIGHT ANDERSON AS NEXT FRIEND
FOR DANA L ANDERSON, AN
INCAPACITATED PERSON, AND
SHANDA MICHELLE ANDERSON,
A MINOR
*
VS
*
CHARLES BROCKETTE, JR ,
FOX FEED & RANCH, INC ,
GARY MOORS, AND THE CITY OF
DENTON
IN THE DIOPIZTi %hT OF
DENTON`COVNTY, TEXAS
158TH JUDICIAL DISTRICT
COMPROMISE SFTTL== AND RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of One Dollar ($1 00) in
hand paid this day in cash, the receipt and sufficiency of which
is hereby acknowledged, Shanda Michelle Anderson dons hereby
release, acquit, and forever discharge the City of Denton, Texas,
its elected officials, agents, employees, insurers, and attorneys
and Gary Moors, his family members, agents, attorneys, and
insurers, and each of them, of and from any and all actions,
causes of action, claims (including subrogation claims), and
demands, on account of, or in any way growing out of, any and all
personal injuries, violation of constitutional and statutory
rights, damage to reputation, pain and suffering, grief,
bereavement, loss of consortium and companionship, mental
anguish, loss of earning capacity, loss of profits, damage to and
taking of property, costs, loss of services# and all other
damages, whether known or unknown, and whether heretofore
asserted or not, resulting or to result from an accident which
occurred on or about June 9, 1986, all as more fully described in
the pleadings on file herein to which reference is made for a
more complete description, and does hereby agree to indemnify and
save harmless said City of Denton and Gary Moors, his family
members, agents, and attorneys of and from all further claims,
including subrogation claims, demands, costs or expenses arising
out of the injuries and damages sustained by her as a result of
said incident, whether or not included in a cla1L, for damages
under the survival of actions statutes or under the wrongful
death statutes
The undersigned understand and agrees that the amount paid
under this agreement is in full satisfaction of all damages
arising on account of the above described accident, and that she
will receive no further sums of money from the City of Denton or
from Gary Moors as a result of this accident
It is expressly understood and agreed that Shanda Michelle
Anderson has already paid or w U pay out of the aforementioned
total sum of $1 00 all medical doctors' and hospital charges
received in the past or to be --urred in the future by her and
she will defend, indemnify and `)ld harmless said City of Denton
and Gary Moors, of any frou any claims for such charges,
especially with reference to any liens under the Texas Hospital
Lien Law
It is expressly warranted, by her that no promise or
inducement has been offered excep'- as herein set forth, that this
Release is executed without reliance upon any statement or
representation of any person or parties released or their
represe$tatives, conce=3mg__txe-_nature and- extent- of __the
injuries, damages and/or legal liability therefore, that
acceptance of the consideration set forth herein is a full accord
and satisfaction of a disputed claim for which liability is
expressly denied
FOR THE SAME CONSIDERATION, it is agreed that the above-
styled suit will be dismissed with prejudice to refile the same
This document contains the entire agreement of the parties
hereto THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS
WITNESS MY HANDS THIS ~ DAY OF VD ✓ 8 r ~ 6r
1988
1 0~klcl 4 (if i hU0
SHANDA MICHELLE ANDERSON
STATE OF TEXAS
*
COUNTY OF
This nstrument was acknowledged before me on thisaday of
1988, by Shanda Michelle Anderson
jlMq No ry Public, - State of Texas
My commission expires
ATTORNEY FOR PLAINTIFFS