HomeMy WebLinkAboutOrdinance 19157-05-2010Ordinance No 19157-05-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE RISK MANAGEMENT FUND IN THE AMOUNT OF $2,000 000 00 AND
DECREASING THE UNAUDITED UNRESERVED UNDESIGNATED RISK
MANAGEMENT FUND BALANCE BY THE SAME AMOUNT FOR SETTLEMENT OF
LAWSUIT ENTITLED MICHAEL PATRICK JACOBS SR. AND CHARLOTTE JACOBS
INDIVIDUALLY AS REPRESENTATIVES OF THE ESTATE OF MICHAEL PATRICK
JACOBS JR. DECEASED AND AS NEXT FRIENDS OF J K. AND Z.J MINORS, V CITY
OF FORT WORTH AND STEPHANIE PHILLIPS CAUSE NUMBER 4-09-CV 513-Y
PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES, REPEALING ALL 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 2009-2010 in the
Budget of the City Manager there shall also be increased estimated receipts and appropriations in the Risk
Management Fund by $2,000 000 00 and decreasing the unreserved undesignated fund balance by the
same amount for settlement of lawsuit entitled Michael Patrick Jacobs, Sr and Charlotte Jacobs
Individually as the Representatives of the Estate of Michael Patrick Jacobs, Jr Deceased and as Next
Friends of J K. and Z. J Minors v City of Fort Worth and Stephanie Phillips, Cause No 4-09-CV 513-Y
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 18809 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ordinances and appropriations are hereby expressly repealed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
APPROVED AS TO FORM AND LEGALITY
As stant C' y Atto ney
ADOPTED AND EFFECTIVE. Mav 18, 2010
City of Fort Worth, Texas
Mayor and Council Communication
-- ~. ~ T_
COUNCIL ACTION: Approved on 5/18!2010 -Ord. No-19157-05-2010
DATE Tuesday May 18 2010 REFERENCE NO G-16928
LOG NAME 12JACOBS
SUBJECT
Settlement of Lawsuit Entitled Michael Patrick Jacobs Sr and Charlotte Jacobs Individually as the
Representatives of the Estate of Michael Patrick Jacobs Jr Deceased and as Next Friends of J K. and Z.
J Minors v City of Fort Worth and Stephanie Phillips Cause No 4-09-CV-513-Y and Adopt Supplemental
Appropriation Ordinance Increasing Appropriations in the Risk Management Fund by $2,000 000 00 and
Decreasing the Unaudited, Unreserved, Undesignated Risk Management Fund Balance by the Same
Amount
RECOMMENDATION
{t is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing the appropriations in the Risk
Management Fund by $2 000 000 00 and decreasing the unaudited, unreserved, undesignated Risk
Management Fund Balance by the same amount;
2. Authorize the payment of $2 000 000 00 to Michael Patrick Jacobs Sr and Charlotte Jacobs,
individually as the representatives of the Estate of Michael Patrick Jacobs, Jr deceased and as Next
Friends of J K, and Z. J Minors, in settlement of the above referenced lawsuit;
3 Approve the payment of the Court appointed Guardian Ad Litem and
4 Authorize the appropriate City personnel to execute any release and agreement necessary the
complete the settlement.
DISCUSSION
Plaintiffs Michael Patrick Jacobs Sr and Charlotte Jacobs individually and as next friends of J K. and Z.
J Minors allege that excessive force was used against Michael Patrick Jacobs, Jr resulting in his death
Plaintiffs have agreed subject to City Council approval to settle their lawsuit against the City for a total
payment of $2 000 000 00 A final determination of the division of the settlement among the Plaintiffs and
the Guardian Ad Litem fees will be determined by the Court.
Parties are to each bear their own costs of court.
Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth
any liability in this matter being in fact, expressly denied This settlement is entered into only to avoid
further time-consuming and costly litigation
Logname: 12JACOBS Page 1 of 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services 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 Upon approval the unaudited
unreserved undesignated fund balance of the Risk Management Fund will exceed the minimum reserve
as outlined in the Financial Management Policy Statements
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
FE71 534050 0137120 $2,000,000.00
CERTIFICATIONS
Submitted for City Manager's Office b~ Tom Higgins (6192)
Originating Department Head. David Yett (7623)
Additional Information Contact: Laetitia Brown (6639)
Logname 12JACOBS Page 2 of 2