HomeMy WebLinkAboutOrdinance 17981-02-2008Ordinance No. 17981-02-2008
AN ORDINANCE INCREASING APPROPRIATIONS IN THE RISK
MANAGEMENT FUND IN THE AMOUNT OF $476,600 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT,
FOR THE PURPOSE OF FUNDING THE SETTLEMENT OF LAWSUIT
ENTITLED THE ESTATE OF JAVEN NAVARRO, WILSON LUNA AND LAURA
NAVARRO (INDIVIDUALLY) AND AS PERSONAL REPRESENTATIVES OF THE
ESTATE OF JAVEN NAVARRO, AIDA NAVARRO AND ALFONSO BARRERA
SR. A/N/F TO CHRISTIAN BARRERA AND BRIANA BARRERA (MINOR
CHILDREN) V. CITY OF FOR WORTH, TEXAS, CAUSE NUMBER 17-221693-06;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; 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 Fiscal Year 2007-
2008 in the Budget of the City Manager, there shall also be increased appropriations in the Risk
Management Fund in the amount of $476,600 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose of funding the settlement of lawsuit entitled the Estate
of Javen Navarro, Wilson Luna and Laura Navarro (individually) and as Personal Representatives
of the Estate of Javen Navarro, Aida Navarro and Alfonso Barrera Sr. A/N/F to Christian Barrera
and Briana Barrera. (Minor Children) v. City of Fort Worth, Texas, Cause Number 17-221693-06.
SECTION 2.
That 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. 17749 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
This ordinance shall take effect upon adoption.
PPROVED AS TO FORM AND LEGALITY:
istant City Attorney
ADOPTED AND EFFECTIVE: February 12, 2008
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Mayor and Council Communication
COUNCIL ACTION: Approved on 2/12/2008 -Ord. No. 17981-02-2008
DATE: Tuesday, February 12, 2008
LOG NAME: 12NAVARRO REFERENCE NO.: G-16046
SUBJECT:
Settlement of Lawsuit Entitled: The Estate of Javen Navarro, Wilson Luna and Laura Navarro
(Individually) and as Personal Representatives of the Estate of Javen Navarro, Aida Navarro, and
Alfonso Barrera, Sr., a/n/f to Christian Barrera and Briana Barrera (Minor Children) v. City of Fort
Worth, Texas, Cause Number 17-221693-06; and Approve Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk
Management Fund by $476,600 and decreasing the unreserved, undesignated fund balance by the same
amount;
2. Approve the below described settlement of the referenced lawsuit, as well as the payment of $1,600 to
the Guardian Ad Litem;
3. Authorize the total payment of $475,000 to the Estate of Javen Navarro, Wilson Luna and Laura Navarro
(individually) and as Personal Representatives of the Estate of Javen Navarro, Aida Navarro, and Alfonso
Barrera, Sr., a/n/f to Christian Barrera and Briana Barrera (Minor Children), and their attorney, Domingo
Garcia, in settlement of the referenced suit; and
4. Authorize the appropriate City personnel to execute any release and agreement necessary to complete
the settlement.
DISCUSSION:
Plaintiffs alleged that on or about April 12, 2006, Plaintiffs sustained personal injuries because of the
alleged negligence of our employee, Officer Christopher Fearneyhough. As a result of the injuries, Plaintiffs
brought suit against the City of Fort Worth.
Two children, Christian and Briana Barrera, received minor injuries in the accident. The Court has approved
a settlement on their behalf. The remainder of the Plaintiffs' claims will be disposed of by an agreement
between them and the City, subject to City Council approval.
The payments, including payments to medical providers by their attorney, as well as attorneys fees, should
be:
1. $471,620.80 to Plaintiffs Wilson Luna and Laura Navarro, individually and as personal representatives of
the Estate of Javen Navarro, and to Aida Navarro and Alfonso Barrera, Sr., a/n/f to Christian Barrera and
Briana Barrera (Minor Children) to be paid to "Domingo Garcia, Cause No. 17-221693-06," attorney for
Plaintiffs;
Logname: 12NAVARRO Page 1 of 2
2. $1,689.60 to Christian Alfonso Barrera, to be paid to "Tom Wilder, District Clerk" to be held in an interest
bearing account for the benefit of Christian Alfonso Barrera, a minor;
3. $1,689.60 to Briana Guadalupe Barrera, to be paid to "Tom Wilder, District Clerk" to be held in an interest
bearing account for the benefit of Briana Guadalupe Barrera, a minor; and
4. $1,600.00 for the Guardian Ad Litem, David Sweat, for services rendered on behalf of the Minor Plaintiffs.
Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth,
any liability being, in fact, denied. This settlement is entered into only to avoid further time consuming and
costly litigation.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Risk Management Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE71 534050 0137120 $476,600.00
Logname: 12NAVARRO Page 2 of 2