HomeMy WebLinkAboutResolution 5150-12-2019 A Resolution
NO. 5150-12-2019
AUTHORIZING A LAWSUIT ENTITLED
CITY OF FORT WORTH V. ALEXANDER VILELA.
WHEREAS, On October 18, 2017, Alexander Vilela, driving his personal vehicle, was involved
in a motor vehicle accident with a Fort Worth Police Officer driving a City-owned vehicle; and
WHEREAS, Mr. Vilela caused the accident by failing to yield the right-of-way to the police
officer; and
WHEREAS, the accident damaged the City-owned vehicle, which required repairs valued at
$4,733; and
WHEREAS, Mr. Vilela, through his insurer, refuses the City's demand for payment; and
WHEREAS, City staff recommends filing suit to recover the City's loss.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS, THAT:
1.
The City Council authorizes the filing of a lawsuit against Alexander Vilela in Tarrant County,
Texas.
Adopted this 3,d day of December 2019.
ATTEST:.
By:
Mary Kayser, 016 e tary FQ
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For WORT
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 12/03/19 M&C FILE NUMBER: M&C 19-0341
LOG NAME: 12VILELA LAWSUIT
SUBJECT
Adopt Resolution Authorizing the City's Lawsuit Against Alexander Vilela in Tarrant County,Texas(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution authorizing the City Attorney's office to file a lawsuit against Alexander
Vilela in Tarrant County,Texas.
DISCUSSION:
On October 18,2017,a Fort Worth police officer,driving a City-owned patrol vehicle,was involved in a minor collision with a vehicle driven
by Alexander Vilela in a gas station parking lot at the intersection of Trinity Boulevard and Precinct Line Road in northeast Fort Worth. Dash
camera video from the police vehicle shows that Vilela's vehicle had been obscured from the officer's vision by a fence and that Vilela should have
surrendered the right-of-way to the officer. Instead,Vilela pulled out in front of the officer leaving insufficient time for evasive action. This resulted in
the collision between the two vehicles.
The officer was not injured in the accident, but the City-owned vehicle was damaged. The cost estimate to repair the City vehicle
totaled$4,731.88. Vilela,through his insurance agency,denies the City's demand for payment to cover this loss.
Accordingly,it is recommended that the City Council adopt the attached Resolution authorizing the filing of a lawsuit against Alexander Vilela in
Tarrant County,Texas.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget,as appropriated,of the Risk Financing Fund.
Submitted for City Manager's Office by-. Sarah Fullenwider 7623
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Sarah Fullenwider 7623