HomeMy WebLinkAboutOrdinance 25526-05-2022 Ordinance No. 25526-05-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
RISK FINANCING FUND IN THE AMOUNT OF $150,000.00, FROM AVAILABLE NET
POSITION, FOR THE PURPOSE OF FUNDING LAWSUIT EXPENSES; 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 2021-2022 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Risk
Financing Fund in the amount of$150,000.00, from available net position, 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said prior ordinances and appropriations are hereby expressly repealed.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
Slvoheh A Cambie � . - - v �Aee
Stephen A.Cumbie(Jun 21,202210:08 CDT) J ette S.Goodall(Jun 21,202210• CDT)
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: 05124/22 M&C FILE NUMBER: M&C 22-0381
LOG NAME: 14KEYS LAWSUIT SETTLEMENT
SUBJECT
(ALL)Authorize Settlement of the Claims of Steven Keys Related to the Lawsuit Entitled Steven Keys and Sheri Edwards v.City of Fort Worth, No.
342-316676-20 in the 342nd District Court,Tarrant County,Texas
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize settlement and payment in the amount of$150,000.00 to Steven Keys and his attorney,Nicholas Coward for the full and
final settlement of all claims related to the lawsuit styled Steven Keys and Sheri Edwards v. City of Fort Worth, No.342-316676-20 in the
342nd 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 Risk Financing Fund in the amount of
$150,000.00 from available Net Position,for the purpose of funding Lawsuit Expenses;and
4. Amend the Fiscal Year 2022 Adopted Budget.
DISCUSSION:
On April 27,2019,a City of Fort Worth Police Officer was enroute to a disturbance call. The City vehicle entered the intersection of northbound I-
35 service road and East Hattie Street. The vehicle emergency lights nor sirens were activated. Mr. Keys was travelling eastbound on East Hattie
with a green light and did not see the officer's vehicle.The front of Mr.Keys vehicle collided with the passenger side of the patrol vehicle.
This Mayor and Council Communication is to authorize settlement and payment in the amount of$150,000.00 to Steven Keys and his attorneys for
full and final settlement of all claims related to the lawsuit styled Steven Keys and Sheri Edwards v.City of Fort Worth, No.342-316676-20 in the
342nd 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 $30,352.00 M&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 $0.00 This M&C $150,000.00 $150,000.00
Balance/Net Position
Total Revenues $22,777,731.00 $4,860,383.58 $27,638,114.58
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
Lawsuit Settlement $0.00 This M&C $150,000.00 $150,000.00
Total Expenditures $22,777,731.00 $4,860,383.58 $27,638,114.58
Funding is available for appropriation from the net position of the Risk Financing Fund.
Available net position is$35,030,378.37 and after use of net position,the available balance will be$32,580,378.37.
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 Cily Manager's Office by: Reginald Zeno 8517
Originating Business Unit Head: Dianna Giordanno 7783
Additional Information Contact: Deirdre Mills 7403
Expedited