HomeMy WebLinkAboutOrdinance 19174-06-2010Ordinance No 1 91 74-06-201 0
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE RISK MANAGEMENT FUND IN THE AMOUNT OF $250 000 00 AND
DECREASING THE UNRESERVED UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT FOR SETTLEMENT IN THE LAWSUIT STYLED LINDA J SHILLING V CITY
OF FORT WORTH, CAUSE NUMBER 07-02 125 IN THE DISTRICT COURT OF WISE
COUNTY 271ST JUDICIAL DISTRICT 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 in the amount of $250 000 00 and decreasing the unreserved, undesignated fund
balance by the same amount for settlement in the lawsuit styled Linda J Shilling v City of Fort Worth,
Cause Number 07-02 125 in the District Court of Wise County 271 Sc Judicial District.
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ordinances and appropriations are hereby expressly repealed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
Assista ity Attorney
ADOPTED AND EFFECTIVE. June 8. 2010
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 6/8/201.0 -Ord. No. 19174-06-2010
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DATE Tuesday June 08 2010 REFERENCE NO G-16951
LOG NAME 12SHILLINGSETTLEMENT
SUBJECT
Authorize Settlement of the Claim of Linda J Shilling in the Lawsuit Styled Linda J Shilling v City of Fort
Worth Cause No 07-02 125 in the District Court of Wise County Texas 271st Judicial District and Adopt
Supplemental Appropriation Ordinance Increasing Appropriations in the Risk Management Fund by
$250 000 00 and Decreasing the Unaudited, Unreserved, Undesignated Risk Management Fund
Balance by the Same Amount
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk
Management Fund by $250 000 00 and decreasing the unaudited unreserved undesignated fund
balance by the same amount; and
2. Authorize the payment of $250 000 00 to Linda J Shilling and the Law Offices of Art Brender for the
settlement of the claims asserted in the lawsuit styled Linda J Shilling v City of Fort Worth Cause No 07
02 125 in the District Court of Wise County 271st Judicial District.
DISCUSSION
Linda J Shilling is a former City of Fort Worth (City) employee whose employment.with the City terminated
in December 2006 Ms Shilling sued the City over the termination of her employment, alleging that the
reason for her termination was not a legitimate business reason The City expressly denies all of Ms
Shilling's allegations Thus the motivation for the decision to terminate Ms. Shilling's employment is in
dispute
The City and Ms. Shilling have reached an agreement for the purpose of settling the claim that arose out
of her claims. While the City denies liability in this lawsuit, the City and Ms Shilling have reached a
compromised settlement, subject to City Council approval in which the City will pay $250 000 00 to Ms.
Shilling and her attorney to settle the lawsuit and all claims against the City
Approval of this settlement should not be construed as an admission of liability by the City or its officers
agents and employees. In fact, any such liability in this matter is specifically denied This settlement is
entered into only to avoid further time consuming and costly litigation
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
Logname: 12SHILLINGSETTLEMENT Page 1 of 2
as outlined in the Financial Management Policy Statements
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
FE71 534050 0137120 $250,000.00
CERTIFICATIONS
Submitted for City Manager's Office b~ Karen L. Montgomery (6222)
Originating Department Head. David Yett (7623)
Additional Information Contact: Carolyn McFatridge (7612)
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