HomeMy WebLinkAboutOrdinance 7717 ORDINANCE NO.
AN ORDINANCE APPROPRIATING REVENUE OF THE CITY IN
EXCESS OF ITS TOTAL ESTIMATED INCOME AS SET FORTH
IN THE 1977-1978 BUDGET FOR THE PURPOSE OF FINANCING
THE SETTLEMENT OF CAUSE NO. 96-28594-74, EUGENE
GRAMMER V. CITY OF FORT WORTH, TEXAS, IN THE DISTRICT
COURT OF TARRANT COUNTY, TEXAS, 96TH JUDICIAL DIS-
TRICT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR APPROPRIATION ORDINANCES;
REPEALING 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 1977-1978
Budget of the City Manager; and in addition thereto, there
is hereby appropriated an additional sum of Twenty-nine
Thousand Five Hundred and No/100 Dollars ($29,500.00) from
the General Fund Balance to Account No. 241-236760 to finance
the settlement, release, discharge and dismissal of any and
all claims or causes of action for alleged personal injuries
arising out of an accident occurring on or about July 5, 1974,
near the intersection of Dick Price Road and Mansfield Highway
wherein one Eugene Grammer allegedly sustained personal in-
juries and property damages as a result of a motor vehicle
collision with a City-owned truck. 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 effect the
remaining portions, parts, sections or parts of sections of
this ordinance, which provisions shall be, remain and con-
tinue 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 provision has been heretofore made are hereby expressly
repealed if in conflict with the provisions of this ordinance.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:
57 (F4_woww�.
City Attorney
ADOPTED:
EFFECTIVE:
-2-
MATSON City of Fort Worth, Texas
BAILIFF Mayor and Council/'►�cil Communication
SMITH Mayor J/ and(�/�LW(VV �/ fj/�{///(�/
JOHNDROE DATE REFERENCE SUBJECT: Cause No. 96-28594-74, Eugene PAGE
NUMBER
IAVIs 31Zg�78 UMBERG-37 Grammer vs. City of Fort Worth, 1
Texas 1 of
On October 18, 1974, Eugene Grammer brought suit against the City of Fort
Worth for damages resulting from personal injuries and property damages
allegedly occurring as a result of a collision with a City-owned motor
vehicle on or about July 5, 1974, at or near the intersection of Dick Price
Road and Mansfield Highway. Damages sought were for a sum in excess of
$163,OW
After lengthy negotiations, plaintiff has agreed to accept the sum of
$29,500 in full, final and complete settlement and satisfaction of any and
all claims or causes of action for alleged personal injuries and property
damages arising out of the accident in question.
Although expressly denying liability for any expense incurred in this regard,
but in order to avoid further vexatious and harassing litigation and con-
troversy, the Public Works 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 1977-1978 funds
in the amount of $29,500 from General Fund Balance to Sanitation Collettioni
Account No. 20-70-02, Index Code 236760, to finance the settlement of this
suit.
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SUBMITTED BY: DISPOSITIO Y
MCOUNCIL: PROCESSED BY
APPROVED ❑ OTHER (DESCRIBE)
?—�?oeZZ ADOPTED CITY SECRETARY
DATE
CITY MANAGER ��