HomeMy WebLinkAboutOrdinance 25527-05-2022 Ordinance No. 25527-05-2022
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
RISK FINANCING FUND, BY INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE AMOUNT OF $120,000.00, FOR THE PURPOSE OF
FUNDING LAWSUIT EXPENSES; PROVIDING FORA 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 2021-2022 in the
Budget of the City Manager, there shall also be adjusted estimated receipts and appropriations in the Fund,
by increasing estimated receipts and appropriations in the amount of$120,000.00 for the purpose of funding
lawsuit expenses.
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 25073-09-2021 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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
(/ J ette S.Goodall(Jun 1,2022 21: ST)
Assistant City Attorney Jannette S. Goodall
City Secretary
ADOPTED AND EFFECTIVE: May 24, 2022
�XAS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/24/22 M&C FILE NUMBER: M&C 22-0382
LOG NAME: 14WALLE DE GARZA LAWSUIT
SUBJECT
(ALL)Authorize Settlement of the Claims of Berta Walle de Garza Related to the Lawsuit Entitled Artemio Garza-Morales and Berta Walle de
Garza v.City of Fort Worth;Cause Number 067-323889-21 in the 67th District Court,Tarrant County,Texas,Adopt Attached Appropriation
Ordinance and Amend the Fiscal Year 2022 Adopted Budget
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize settlement and payment in the amount of$120,000.00 to Berta Walle de Garza and her attorney Witherite Law Group, PLLC for full
and final settlement of all claims related to the lawsuit styled Artemio Garza-Morales and Berta Walle de Garza v.City of Fort Worth;Cause
number:067-323889-21 in the 67th District Court,Tarrant County,Texas;
2. Authorize the appropriate City personnel to execute all releases and agreements necessary to complete the settlement;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$120,000.00,transferred
from fund balance within the Risk Financing Fund,for the purpose of funding Lawsuit Expenses;and
4. Amend the Fiscal Year 2022 Adopted Budget.
DISCUSSION:
On August 28,2019,a City of Fort Worth vehicle failed to yield the right of way while pulling from a stop sign and collided with a vehicle that Ms.
Berta Walle de Garza was a passenger. Ms.Walle de Garza suffered extensive injuries due to the accident and incurred extensive medical bills.
Consequently,a lawsuit entitled Artemio Garza-Morales and Berta Walle de Garza v.Clty of Fort Worth was filed. An agreement has been
reached to settle Ms.Walle de Garza's lawsuit in the amount of$120,000,00,subject to City Council approval.
This Mayor and Council Communication is to authorize settlement and payment in the amount of$120,000.00 to Berta Walle de Garza and her
attorneys for full and final settlement of all claims related to the lawsuit styled Artemio Garza-Morales and Berta Walle de Garza v.Clty of Fort
Worth,Cause Number 067-323889-21 in the 67th District Court,Tarrant County,Texas.
The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as approved in connection with Ordinance 25073-09-2021, Section 5.
Internal Service Funds, as listed on page 21.
Fund/Department FY2022 Revised
Adopted M&C Authority Budget Adjustment FY2022
Budget Category
Budget Budget
Risk Financing Fund $0.00 $0.00 $0.00 $0.00
Revenues
Use of Money and $399,990.00 $0.00 $399,990.00
Property
Other Revenue $22,347,389.00 $0.00 $22,347,389.00
Use of Fund $30,352.00M&C 21-0965 $1,706,710.00 $1,737,062.00
Balance/Net Position
Use of Fund $0.00 M&C 22-0002 $703,673.58 $703,673.58
Balance/Net Position
Use of Fund $0.00 M&C $2,300,000.00 $2,300,000.00
Balance/Net Position 142021 HAILSTORM
Use of Fund M&C 14KEYS
Balance/Net Position $O.00LAWSUIT $150,000.00 $150,000.00
SETTLEMENT
Use of Fund $O.00This M&C $120,000.00 $120,000.00
Balance/Net Position
Total Revenues $22,777,731.00 $4,980,383.58 $27,758,114.58
Expenditures
Human Resources $22,770,503.00 M&C 21-0965 $1,706,710.00 $24,477,213.00
Transfer to Capital $0.00 M&C 22-0002 $703,673.58 $703,673.58
Fund
Transfer to Capital $0.00 M&C $2,300,000.00 $2,300,000.00
Fund 142021 HAILSTORM
M&C14KEYS
Lawsuit Settlement $O.00LAWSUIT $150,000.00 $150,000.00
SETTLEMENT
Lawsuit Settlement $0.00This M&C $120,000.00 $120,000.00
Total Expenditures $22,777,731.00 $4,980,383.58 $27,758,114.58
Funding is available for appropriation in the
fund balance of the Risk Financing Fund.
Available fund balance is$35,030,378.37 and after use of fund balance,the available balance will be$32,460,378.37.
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 currently available in fund balance within the Risk Financing Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinance,funds will be available in the Risk Financing Fund. Prior to an
expenditure being incurred,the Human Resources Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office-W. Reginald Zeno 8517
Originating Business Unit Head: Dianna Giordanno 7783
Additional Information Contact: Yolanda Fouche 2493
Expedited