HomeMy WebLinkAboutOrdinance 11005~~
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ORDINANCE NO
AN ORDINANCE APPROPRIATING $499,298 54
TO THE INSURANCE FUND AND DECREASING
THE UNRESTRICTED, UNDESIGNATED FUND
BALANCE BY THE SAME AMOUNT FOR THE
PURPOSE OF SETTLING CLAIMS ARISING
FROM THE INJURY OR DEATH OF GLENN A
BRITT, MICHAEL S BARNETT AND LARRY J
WATKINS, 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 $499,298 54, thereby decreasing
the unrestricted, undesignated Fund Balance by the same amount,
for the purpose of setting claims arising from the m~ury or death of
Glenn A Britt, Michael S Barnett and Larry J Watkins when a light
pole fell on March 21, 1991 in the Fort Worth Water Gardens
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 m
no way impair the remaining portions, sections, or parts of sections
of this ordinance, which said remaining provisions shall be and
remain in full force and 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 in
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and appropriations are hereby expressly repealed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 m 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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IAYd 1 YY
DATE REFEREN E NUMBER L NAME' PA E
i,~tu1P.N 'Eti7ERr,ER~'~~~~~~q~ **G-94g7 15DEATHS 1 of 2
THE CLAIMS ARISING FROM THE INJURY TO GLENN A. BRITT, AND: ALSO
MICHAEL S. BARNETT AND LARRY J. WATKINS___
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Supplemental Appropriations Ordinance increasing appropriations
in the Insurance Fund by $499,298.54 and reducing the undesignated, unreserved
Fund Balance in the Insurance Fund by a like amount.
2. Approve the settlement of the following interrelated claims:
a. All claims arising from the personal injuries of Glenn A Britt.
b. All claims arising from the death of Michael S. Barnett.
c. All claims arising from the death of Larry J. Watkins.
3. Authorize the total expenditure of $499,298.54 for the settlement of the above
claims to be paid as follows:
a. $14,298.54 for all claims arising from the personal injuries of Glenn A.
Britt ($15,000 less $701 46 previously paid in advance by the City of Fort
Worth to Mr. Britt's local medical providers).
b. $242,500 for all claims arising from the death of Michael S. Barnett.
c. $242,500 for all claims arising from the death of Larry J Watkins
DISCUSSION:
Mr. Britt and the representatives of the estates, heirs, survivors and beneficiaries
of Mr. Barnett and Mr. Watkins filed claims for injuries and/or deaths that allegedly
occurred when a light pole fell on March 21, 1991 in the Fort Worth Water Gardens.
While admitting no liability in this matter the Risk Management Department has
negotiated with the parties and has agreed to a total net settlement of $499,298.54.
The Risk Management Department and Department of Law recommend this settlement to avoid
litigation..
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Printed on recycled Dever
City of ~'or~ Worth,.,. Texas
Mayor and Council Communicat~ioyt
DATE 01/28/92 REFERENCE NUMBER **G-9487 L NAME
15DEATHS PAGE
2 of 2
SUBJECT SETTLEMENT OF THE CLAIMS
THE DEATHS OF MICHAEL S. ARISING FROM THE INJURY TO GLENN A. BRITT, AND°AL'SO
BARNETT AND LARRY J. WATKINS
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services
Approriations Ordinance, the funds
operating budget of the Insurance
CB:z
certifies that upon adoption of the Supplemental
for this settlement will be available in the current
fund.
Subeitte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: to
FE71
534030
0157110
499,298.5 A~PRO~EO BY
Charles Boswell 8500 CITY COUNCIL
Originating Departiaent Nead d
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d O
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op
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inance No.
Susan Bulla 8513 from JAN 28 1992
For A Mona In or~at on ~ ~
Contact: ~'~'~...
Susan Bulla 8513
Ciry of Fart Worth,'Fiaais
Printed on re~yGed PePer