HomeMy WebLinkAboutOrdinance 8315....
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ORDINANCE NO
AN ORDINANCE ADDIIJG TO THE GENERAL FUND BALANCE OF THE
CITY OF FORT WORTH FROM THE UTIRESTRICTED FUND BALANCE
OF THE AIRPORTS FUND THE SUM OF $7 500 AND APPRO-
PRIATING SUCH ADDITIONAL SUM FROM THE GENERAL FUND
BALANCE TO ACCOUNT NO 55-10-00 FOR THE PURPOSE OF
SETTLITQG A DISPUTE AT THE AIRPORT PROVIDING FOR A
SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE
OF PRIOR ORDINANCES REPEALING ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUIQCIL OF THE CITY OF FORT WORTH TEXAS
SECTION 1
That the City Manager of the City of Fort Worth is hereby
authorized to transfer Seven Thousand Five Hundred and No/100
Dollars ($7 500 00) from the Unrestricted Fund Balance of the
Airports Fund and add it to the General Fund balance of the
City of Fort Worth and following such addition the sum of
Seven Thousand Five Hundred and No/100 Dollars ($7 500 00) shall
be transferred from the General Fund balance to Account No
55-10-00 for the purpose of settling litigation involving Meacham
Field and the public use transient apron
SECTION 2
Should any part portion section or part of a section of
this ordinance be declared invalid or inoperative or void for
any reason by a court of competent jurisdiction such decision
opinion or judgment shall in no way affect the remaining por-
tions parts sections or parts of sections of this ordinance
which provisions shall be remain and continue to be in full
force and effect
SECTION 3
That tn.is ordinance shall be cumulative of Ordinance No
8157 but all other ordinances and appropriations for which pro-
vision has been heretofore made are hereby expressly repealed if
in conflict with the provisions of this ordinance
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SECTION 4
That 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 10 FORM AND LEGALITY
li -~'~
ity Attorney b/
ADOPTED ~ 4 1 .
EFFECTIVE ~~~
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FIV `E
HERCHERT J\\/lI ~~ /J®~
WALKER
SANTERRE
YYILSON
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DATE REFERENCE SUBJECT Request for Reimbursement PAGE
NUMBER Butler Aviation-Fort Worth IriC 1
4/14/81 ** ~ >, of
On May 5 1980 Butler Aviation-Fort Worth Inc filed a lawsuit against the
City in U S District Court seeking an injunction and damages against the City
for passing Ordinance No 8053 which prohibited transient fueling on the public
use apron at Meacham Field A hearing on the temporary injunction was held in
May and June, 1980 and at the conclusion of the hearing Judge Eldon Mahon
refused to grant the temporary injunction but did say that "there is substantial
likelihood that plaintiff will prevail on the merits" "that the injury that
will be suffered by the plaintiff from the enforcement of this mrdinance is
considerabl~,and outweights any hardship upon the defendant that would ressil.t in
non-enforcement" and "an award of damages will be an adequate remedy at law"
The Court further found that the cause of action was properly brought under
42 U S C, Section 1983, which means that prevailing plaintiff can also recover
its reasonable attorneys' fees
Negotiations were undertaken by the Department of Law resulting in the agreement
by Butler Aviation-Fort Worth, Ine , and its attorney, S G Johndroe, Jr , to
accept $7,500 in complete settlement of damages and att®rneys' fees wising out
of this lawsuit
Without admitting any liability but to avoid further controversy or litigation,
the Department of Law and the Aviation Department ,join in recommending payment
in the amount "specified to effect settlement of this matter Funds are available
for this purpose in Account No 55=10-00, Indea~ Cede X30340
Recommendation
It is recommended that
1 The City Council ado}~t the attached supplemental appropriation ordinance
appropriating $7 500 from the Unrestricted Fund Balance of the Airpox°ts
Fund to Account No 55-10-00 and
2 The payment of $7 50'O be authorized as reimbursement for damages and rea-
sonable attorneys' fees to Butler Aviation-Fort Worth, Tnc , and its attorney
S G Johndroe, Jr ApPRO~~p gy
CITY CO~~C1l.
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APR 14 1981
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Attachment ~{
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Cf ecxetary of the
C of ~oxt Worth, Teacaa
SU8INITTED FOR TH
CITY MANAGER'S ~ ~
AFFICE BY DISPOSITION BY COUNCIL: PROCESSED BY
~ APPROVED
DEPARTM NT NEAR
AI~OPTEa p '~HF~~ESCRIBE
~'Y
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:
Paul Isham ~
C~1
1) 88 CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Barr Hall,, '.624-1127 DATE