HomeMy WebLinkAboutOrdinance 11004., , ,~
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ORDINANCE NO ~/~,, Dl~h~
AN ORDINANCE APPROPRIATING $232,500 00
TO THE INSURANCE FUND AND DECREASING
THE UNRESTRICTED, UNDESIGNATED FUND
BALANCE BY THE SAME AMOUNT FOR THE
PURPOSE OF SETTLING THE LAWSUIT STYLED
DALE WAYNE JONES, PLAINTIFF, LESLIE
HUGHES TRUCKING, INC , INTERVENOR VS
CITY OF FORT WORTH ET AL, DEFENDANTS,
CAUSE NO 352-125833-90 (CONSOLIDATED
ACTION), PROVIDING FOR A SEVERABILITY
CLAUSE, MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND
REPEALING ALL PRIOR ORDINANCES IN
CONFLICT HEREWITH, PROVIDING FOR
ENGROSSMENT AND ENROLLMENT, AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
That in addition to those amounts allocated to the various City
departments for the Fiscal Year 1991-92 and in the Budget of the
City Manager, there shall also be increased appropriations in the
Insurance Fund in the amount of $232,500 00, thereby decreasing
the unrestricted, undesignated Fund Balance by the same amount,
for the purpose of settling the lawsuit styled Dale Wayne Jones,
Plaintiff, Leslie Hughes Trucking, Inc , Intervenor vs City of Fort
Worth et al, Defendants, Cause No 352-125883-90 (Consolidated
Action)
SECTION 2.
Should any portion, section or part of a section of this ordinance be
declared invalid, inoperative or void for any reason by a court of
competent jurisdiction, such decision, opinion or judgement shall in
no way rmpair the remaining portions, sections, or parts of sections
of this ordinance, which said remaining provisions shall be and
remain m full force a~~d effect.
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SECTION 3
That this ordinance shall be cumulative of Ordinance No 10892 and
all other ordinances and appropriations amending the same except
in those instances where the provisions of this ordinance are m
direct conflict with such other ordinances and appropriations, m
which instance said conflicting provisions of said prior ordinances
and appropriations are hereby expressly repealed
SECTION 4
The City Secretary of the City of Fort Worth is hereby directed to
engross and enroll this ordinance by copying the caption and
effective date into the minutes of the City Council and by filing this
ordinance in the ordinance records of the City of Fort Worth
SECTION 5
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
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~PvT'`t City Attorney
Date __~ =2 8 _4 L ------------------
Adopted __~'~~'~~ ---~----------
Effective
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1/28/92 **6-9486 12JONES 1 of 2
SUBJECT SETTLEMENT OF LAWSUIT STYLED DALE WAYNE JONES PLAINTIFF, LESLIE HUGHES :~~
TRUCKING INC., INTERVENOR VS. CITY OF FORT WbRTH ET AL, DEFENDANTS, CAUSE
N0. 352-X25833-90 CONSOLIDATED ACTION
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RECONaIENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriations ordinance increasing appropriations
in the Insurance Fund by $,232,500 and reducing the Undesignated, Unreserved Fund
Balance in the Insurance Fund by a like amount, and
2. Approve the below described settlement of the referenced lawsuit, and
3. Authorize the dismissal and/or release of any cross-claims, counterclaims and
other claims necessary to complete the settlement, and
4. Authorize the expenditure of $232,500 and the payment of a portion of the taxable
court costs, and
5. Authorize the appropriate City personnel to execute the documents necessary to
complete the settlement.
DISCUSSION:
On or about August 8, 1989, Ronald C. Morin, deceased, was driving a motor vehicle at
the intersection of Alta Vista Road and Golden Triangle Boulevard. It appears that the
intersection was in an area annexed by the City of Fort Worth on or about July 19,
1988. It is alleged that Mr. Morin was northbound on Alta Vista and collided with an
eastbound dump truck towing a trailer. The dump truck was being driven by Dale Wayne
Jones. It is further alleged that northbound traffic on Alta Vista was ordinarily
controlled by a stop sign, but that, at the time of the accident, the stop sign was
down. In addition, it is alleged that weeds and other vegetation along Alta Vista and
Golden Triangle interfered with the ability of the drivers to see each other.
Mr. Morin was killed in the collision, and Dale Wayne Jones claims to have suffered
personal injuries.
Sandra L. Morin, Mr. Morin's widow and the administratrix of his estate, has sued the
City of Fort Worth and others in a survival action and in an alleged wrongful death
case on behalf of all beneficiaries under the Texas Wrongful Death statute (in this
case, Mrs. Morin, Mr. Morin's son and daughter and Mr. Morin's parents). Dale Wayne
Jones has sued the City of Fort Worth and others for alleged personal injuries. There
are also various other claims by or against certain of the parties to this case. That
is partially due to the fact that this lawsuit actually consists of three (3) different
lawsuits consolidated into one case. Other parties to the lawsuit include Tarrant
County, Policy Management Systems Corp., d/b/a General Information Services
(Mr. Morin's employer at the time of his death), Leslie Hughes Trucking, Inc. (Dale
Wayne Jones' employer at the time of the collision and owner of the dump truck and
trailer), and St. Paul Insurance Company (the Workers' Compensation insurance carrier
for Mr. Morin's employer at the time of his death).
-~ Printed on recyded paper
City- of Fort= Worth,_Texas
Mayor and Council. C,ommunicatiori
DATE REFEREN E NUMBER L NAME PA E
01/28/92 **G-9486 12JONES 2 of 2
SUBJECT SETTLEMENT OF LAWSUIT STYLED DALE WAYNE JONES PLAINTIFF, LESLIE HUGHES
TRUCKING INC., INTERVENOR VS. CITY OF FORT WbRTH ET AL, DEFENDANTS, CAUSE
N0
X
. 352-
25833-90 CONSOLIDATED ACTION
With the assistance of Dispute Resolution Services of Tarrant County, Inc., an effort
was made to settle the case. As a result of those settlement efforts, a tentative
settlement, subject to approval of the Fort Worth City Council and the Tarrant County
Commissioners Court, was agreed upon.
Under the terms of the settlement, if approved, the City of Fort Worth would pay the
total sum of $232,500 ($212,500 to the Morin Plaintiffs and their attorneys; and
$20,000 to Dale Wayne Jones and his attorney) and a portion (approximately 50 percent)
of the taxable court costs.
This settlement will involve a complete release of any and all claims against the City.
Also, the City will be required to release and/or dismiss any and all claims it may
have against certain of the parties arising out the subject accident.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that upon adoption of the supplemental
appropriations ordinance, funds for this settlement will be available in the current
operating budget of the Insurance Fund.
WA:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
CITY COUNCIL
Mike Groomer 6140
Originating Depart®ent Head: dopted Ordin nnee
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Wade Adkins 7623 from
FE71 534050 0157120 232, 50 J~ .,/
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For A t ona In ormat on ~
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Contact:
Wade Adkins 7623 fi't' ~s ~ ~