HomeMy WebLinkAboutOrdinance 10857~. ,l
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ORDINANCE NO ~O
AN ORDINANCE APPROPRIATING 5425,000 00 TO THE
~ PROPERTY/CASUALTY INSURANCE FUND, FUND FE71, CENTER
0157120, LAWSUIT PAYMENTS/SETTLEMENTS, AND DECREASING THE
UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT
FOR THE PURPOSE OF FUNDING THE SETTLEMENT OF VICTOR AND
SHIRLEY MILLER VS. STACEY REED AND THE CITY OF FORT WORTH
(CAUSE NO 48-107002-87), 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 FOR 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 1990-91 and in the Budget of the City Manager,
there shall also be increased appropriations in the Property/Casualty
Insurance Fund, Fund FE71, Center 0157120, a.n the amount of $425,000 00,
thereby decreasing the unrestricted, undesignated fund balance by the same
amount, for the purpose of funding the settlement of Va.ctor and Shirley Miller
vs Stacey Reed and the City of Fort Worth (Cause No 48-107002-87)
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
SECTION 3
That this ordinance shall be cumulative of Ordinance No 1Ob52 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repealed.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
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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
i/~P~`~City Attorney
Date 6 " ~!` -`
Adopted' ~'y/ /~ ~j
Effective. ~ ~/
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DATE x REFERENCE
NUMBER SUBJECT ~
VICTOR AND SHIRLEY MILLER VS. STACEY PAGE
1
6-11-91 **G-9181 REED AND THE CITY OF FORT WORTH, CAUS t°`-
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a supplemental appropriation ordinance appropriating $425,000 in
the Property/Casualty Insurance Fund FE71, Center No. 0157120 Lawsuit
Payments/ Settlements, from the unreserved, undesignated fund balance in
the Property/Casualty Insurance Fund FE71, and
2. Authorize payment in the amount of $400,000 00 plus taxable court costs in
the amount of $25,000.00 to the Plaintiffs, Victor and Shirley Miller, and
their attorney to effect settlement in this cause of action.
DISCUSSION:
In August of 1987, Victor and Shirley Miller filed this lawsuit against the City
of Fort Worth and other Defendants as the result of an automobile accident which
resulted in the death of their son. The Plaintiffs had alleged that a defect in
the roadway was a contributing factor in the accident.
While admitting no liability, but to avoid further and costly litigation, a
settlement agreement was negotiated to settle this lawsuit for a total of
$400,000.00 plus court costs. The Risk Management Department and the Department
of Law recommend payment in the amount specified to effect settlement in this
matter. This recommended action was discussed in detail with the Council in
executive session on Tuesday, May 7, 1991.
FINANCING:
Sufficient funds are available for this purpose in the Property/Casualty
Insurance Fund FE71, Center No. 0157120 Lawsuit Payments/Settlements. The
expenditure will be made from Account No. 534050. The unreserved, undesignated
fund balance of Property/Casualty Insurance Fund 71 will be $947,516.00 after
this transfer.
APPROVED BY
wA:t CITY COUNCIL
12MILLER
uuN i1 t991
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City Secretary of the
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SUBMITTED FOR IHt
CITY MANAGER'S Charles Boswel 1 8500 v..
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DISPOSITION BY COUNCIL.
~ APPROVED ......
yPROCESSED BY
OFFICE BY
ORIGINATING Susan Bul la 8513 G OTHER (DESCRIBE)
DEPARTMENT HEAD: CITY SECRETARY
FOR ADDITIONAL INFORMATION 'Susan-Bu-la a_ 8513 Adopted Ordinance No, lJ ~
CONTACT DATE
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