HomeMy WebLinkAboutOrdinance 11106ORDINANCE NO ~/ ~~~
AN ORDINANCE APPROPRIATING
$1,127,500 00 TO THE INSURANCE FUND
AND DECREASING THE UNRESTRICTED,
UNDESIGNATED FUND BALANCE BY THE
SAME AMOUNT FOR THE PURPOSE OF
SETTLING THE LAWSUIT STYLED APRIL D
LYNCH VS STEVE WARREN, ET AL, FILED IN
THE 191ST DISTRICT COURT, NO 89-14019,
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 $1,217,500 00, thereby decreasing
the unrestricted, undesignated Fund Balance by the same amount, for
the purpose of settling the lawsuit styled April D Lynch vs Steve
Warren, et al, filed in the 191st District Court, No 89-14019
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 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, in 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appropriations are hereby expressly repealed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
City Attorney
Date.
Adopted _ ~P ~ `~ ,- ~ ~-
Effective
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER L NAME PAGE
06/02/92 . G-9674 12LYNCH 1 of 1
SUBJECT SETTLEMENT OF LAWSUIT STYLED APRIL D. LYNCH VS. STEVE WARREN, ET AL, FILED IN
THE 191ST DISTRICT COURT N0. 89-14019
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the settlement of the lawsuit brought by Plaintiff, April D. Lynch;
2. Adopt the attached supplemental appropriations ordinance increasing appropriations
in the Insurance fund'by $1,217,500.00 and reducing the Undesignated, Unreserved
Fund Balance in the Insurance Fund by a like amount.
3. Authorize the total expenditure of $1,217,500.00 for the compromise settlement of
the lawsuit to be paid to the individuals named below.
DISCUSSION:
This suit was brought in the 191st District Court in Dallas, Texas, concerning damages
from an automobile collision between a Fort Worth police officer, Steve Warren, and
others. The collision resulted in the death of one man and the permanently severe
handicapping of Ms. April Lynch, a nineteen year old female.
Under the terms of the settlement, if approved, the City of Fort Worth would pay the
total sum of $1,217,500.00 ($474,500.00 to Plaintiff and her attorney; $558,000.00 to
Prudential Property and Casualty Insurance Company; $110,000.00 to Centex and their
attorney; $62,500.00 to State Farm; and $12,500.00 to attorney Steve Johnson).
This settlement will include a complete release of any and all claims brought by
Plaintiff and Intervenors as well as all other claims arising out of the incident made
the subject of this lawsuit.
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. The undesi Hated, unrestricted fund balance
in the Insurance Fund wi 11 be ($9,291,031.00) . ~'"'°"""~-----~
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Submitted for City Nanager's FUND ACCOUNT CENTER'., ~'~~~AMOUN;T~;V' ~ CITY SECRETARY
Office by to ~.`~°: r
PPROVED
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Charles Boswell 8511 ~/
COUNCIL
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Wade Adkins 7623 from bptB
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For Additional Information ~
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Contact City o! rprt Rottl~.t+esaa
Wade Adkins 7623
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