HomeMy WebLinkAboutOrdinance 7709 ORDINANCE NO, ry7�G�
AN ORDINANCE APPROPRIATING REVENUE OF
THE CITY IN EXCESS OF ITS TOTAL ESTI-
MATED INCOME AS SET FORTH IN THE 1977-78
BUDGET FOR THE PURPOSE OF FINANCING THE
SETTLEMENT OF CAUSE NO, 96-40248-76, MRS.
H. C. (AGNES) BRADFORD, ET VIR, , H. C.
BRADFORD AND BART S. BRADFORD V. THE CITY
OF FORT WORTH, IN THE DISTRICT COURT OF
TARRANT COUNTY, TEXAS, 96TIl JUDICIAL
DISTRICT COURT; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE
OF PRIOR APPROPRIATION ORDINANCES; RE-
PEALING 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 the City Manager of the City of Fort Worth shall be
provided with such revenue as may be secured from the various
sources included in Ordinance No. 7598 and in the 1977-78
Budget of the City Manager; and in addition thereto there is
hereby appropriated an additional sum of Forty-one Thousand,
Five Hundred and No/100 Dollars ($41,500,00) from the General
Fund Balance for the Sanitation Division of the Public Works
Department (Index Code No. 236760) to finance the settlement,
release, discharge and dismissal of any and all claims or
cause of action for alleged personal injuries arising out of
an accident occuring on June 21, 1976, in the 5000 block of
Randol Mill Road in the City of Fort Worth wherein Mrs,
Agnes Bradford allegedly sustained personal injuries as a
result of a collision of her motor vehicle with a city-owned
motor vehicle, The City Manager shall also be authorized to
pay such court costs and expenses necessary in the disposition
of the litigation.
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 portions, 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 this ordinance shall be cumulative of Ordinance No,
7598, but all other ordinances and appropriations for which
provisions has been heretofore made are hereby expressly re-
pealed if in conflict with the provisions of this ordinance.
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 TO FORM AND LEGALITY:
City Attorney
ADOPTED:
EFFECTIVE:
City of Fort Worth, Texas
MATSON Mayor and Council Communication
BAILIFF
SMITH
DATE REFERENCE UBJECT: Cause No. 96-40248-76, Mrs. H.C. PAGE
NUMBER Agnes) Bradford, et vir. , Mr. H.C. 1
JOHNDHO '3/07/78
G-3741 Bradford and Bart S. Bradford v. The 1 Of
City Ot Fortor
On October 1, 1976, Mrs. H.C. (Agnes) Bradford, Mr H.C. Bradford and Bart S
Bradford, brought suit against the City of Fort Worth for damages resulting
from personal injuries allegedly sustained by Mrs Bradford as a result of a
collision with a city-owned motor vehicle being operated by James L. Vickers on
June 21, 1976, in the 5000 block of Randol Mill Road in the City of Fort Worth.
As a result of that accident, Mrs. Bradford sustained a concussion of the
brain, a fractured collar bone, two fractured ribs, a fractured humerus,
a fractured metacarpal and a "frozen shoulder." She was hospitalized at John
Peter Smith Hospital for 16 days and Glenview Hospital for 8 days. Because
of the shoulder injury, Mrs. Bradford has been unable to work and has earned
no wages since the automobile accident. The doctors that have examined Mrs.
Bradford state that she may never regain total use of her shoulder and arm.
Damages sought were for a sum in excess of $100,000.
After lengthy negotiations, plaintiffs have agreed to accept the sum of
$41,500 in full, final and complete settlement and satisfaction of any and
all claims or causes of action for alleged personal injuries arising out of
the accident in question.
Recommendation
Although expressly denying liability for any expense incurred in this regard,
but in order to avoid further vexatious and harassing litigation and contro-
versy, the Finance Department and the Department of Law join in recommending
an appropriation of public funds to effect settlement of this lawsuit.
It is recommended that an ordinance be adopted appropriating 1977-78 funds
in the amount of $41,500 from General Fund Balance for the Sanitation Division
of the Public Works Department (Index Code No. 236760) to finance the settle-
ment of this suit.
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SUBMITTED BY: DISPOSITIO APPROVED UNCIL. ER (DESCRIBE) PROCESSED BY
ADOPTE ORDINANCNt ,� Py
Cd SECRETARY
DATE
CITY MANAGER a