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Ordinance 11067
r\~.M. .1 4 ~ _ y~ ti9 ,~, p. ORDINANCE NO AN ORDINANCE APPROPRIATING $144,131 24 TO THE INSURANCE FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING THE FINAL JUDGMENT RENDERED IN CAUSE NO 96-115534-88, TIMOTHY L. HAMPTON VS THE CITY OF FORT WORTH, 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 $144,131 24, thereby decreasing the unrestricted, undesignated Fund Balance by the same amount, for the purpose of paying the final judgment rendered in Caouse No 96-115534-88, Timothy L. Hampton vs The City of Fort Worth SECTION 2 Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of .sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3 That this ordinance shall be cumulative of Ordinance No 10892 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed ~• SECTION 4 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date into the minutes of the City Council and by filing this ordinance in the ordinance records of the City of Fort Worth. SECTION 5 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY City Attorney Date Adopted - /} Effective ~ ~Z/~ ~+ASrt:R alr_r:~ aecoulvrlNa ~ Cam, of Fort ~o~~ ~'"exaS TRANSpORTATION~PUBLIC WOj2KS-W V1A1"ER AOMINI$ R ,* Mayor an,d C;ou~;ci~ Ca-mmunicati~~n CA l'a ~~ D~ 04/14/92 REFEREN E NUMBER **G-9610 LOG NAME 12HAMPTN PAGE 1 of 1 SUBJECT AUTHORIZE PAYMENT OF THE FINAL JUDGMENT RENDERED IN CAUSE N0. 96-115534-88, TIMOTHY L. HAMPTON VS. THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached S~p~lemental p~or~pria io s Ordinance increasing appropriations in the Insurance Fund by $144,131.24 and reducing the undesignated, unreserved Fund Balance in the Insurance Fund by a like amount, and 2. Authorize the City Manager to approve expenditure of $140,641.73 plus court costs of $3,489.51 for payment of the total judgment of $144,131.24 rendered in the above litigation. DISCUSSION: This litigation for money damages arose as the result of a motorcycle collision with a City utility truck which occurred on December 15, 1987. The case was tried to a jury beginning Monday, March 9, 1992. The jury returned a verdict that the City was partially at fault for the accident and that damages should be paid in the amount set forth above. The Council has been briefed in detail in a previous executive session. The Risk Management Department and Department of Law recommend. payment of the Court's judgment without further litigation or appeal. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the Supplemental Appropriations Ordinace, the funds for this settlement will be available in the current operating budget, of the Insurance Fund. WA:j Su tte for City Manager's Offi b FUND ACCOUNT CENTER AMOUNT ~~ ~ C TARY ce y: to , ~~ ° ° ° ~~- -. 1 FE71 534050 0157120 144,131.2 C[TY C4 U N C!L Mike Groomer 6140 do ted Ordinanc N Originating Department Head: p e o APR ~4 1992 Wade Adkins 7623 from 2 FE71 534050 0157120 144,131 2 ~ ~/~ For A t ona In ormat on ~y 7d~ C -- ontact T er©tory of tho s cit erry Vernon 7505 e y Cit of Foxc Worth, Texas 7 -~~ Printed on recycled paper