HomeMy WebLinkAboutOrdinance 25604-06-2022 ORDINANCE NO.25604-06-2022
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said prior ordinances and appropriations are hereby expressly repealed.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
LA L, e r.ir. yannot°fe S. Goo ah
Harvey L.Frye,Jr.(Jun 3 ,202210.42 CDT) Jannette S.Goodall(Jun 30,202210:53 CDT)
Assistant City Attorney Jannette S. Goodally
City Secretary -:r�..v : .
c, da: '.....'
ADOPTED AND EFFECTIVE: June 28,2022 '
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/28/22 M&C FILE NUMBER: M&C 22-0540
LOG NAME: 14AGUILAR LAWSUIT SETTLEMENT
SUBJECT
(ALL)Authorize Settlement and Payment in the Amount of$150,000.00 to Martha Aguilar and her Attorney, R. Rieker Carsey,of Anderson Injury
Lawyers for Full and Final Settlement of All Claims Related to the Lawsuit Styled Martha Aguilar v.City of Fort Worth, Cause No. 141-325455-21 in
the 141 st 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$150,000.00 to Martha Aguilar and her attorney, R.Rieker Carsey,of Anderson Injury
Lawyers for full and final settlement of all claims related to the lawsuit styled Martha Aguilar v.City of Fort Worth, Cause No. 141-325455-21;
In the 141 st 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.
4. Amend the Fiscal Year 2022 Adopted Budget.
DISCUSSION:
On November 12,2019,a City of Fort Worth Police Officer was in pursuit of a suspect who was evading capture for failure to stop and possible
possession of a stolen vehicle.The Officer had his lights and sirens activated initially, but stopped using the siren as he entered the intersection on
a red light and collided with vehicle driven by Martha Aguilar.
Plaintiff Aguilar was taken to John Peter Smith Hospital via MedStar.She suffered extensive injuries to her neck, left side of her head, right side of
her chest,and left wrist pain.She was later seen by various doctors for x-rays,pain and orthopedic treatments,and physical therapy.
An agreement has been reached to settle Ms.Agui&s lawsuit for an amount of$150,000.00 subject to City Council approval.
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 Adopted BudgetM&C Authority Budget Adjustment Revised FY2022 Budget
Budget Category
Risk Financing Fund $0.00 $0.00 $0.00 $0.00
Revenues:
Use of Money and Property $399,990.00 $0.00 $399,990.00
Other Revenue $22,347,389.00 $0.00 $22,347,389.00
Use of Fund Balance/Net Position $30,352.00 M&C 21-0965 $1,706,710.00 $1,737,062.00
Use of Fund Balance/Net Position $0.00 M&C 22-0002 $703,673.58 $703,673.58
Use of Fund Balance/Net Position $0.00 M&C 22-0344 $2,300,000.00 $2,300,000.00
Use of Fund Balance/Net Position $0.00 M&C 22-0381 $150,000.00 $150,000.00
Use of Fund Balance/Net Position $O.00This M&C $150,000.00 $150,000.00
Total Revenues $22,777,731.00 $5,010,383.58 $27,788,114.58
Expenditures:
Human Resources $22,770,503.00 M&C 21-0965 $1,706,710.00 $24,477,213.00
Transfer to Capital Fund $0.00 M&C 22-0002 $703,673.58 $703,673.58
Transfer to Capital Fund $0.00 M&C 22-0344 $2,300,000.00 $2,300,000.00
Lawsuit Settlement $0.00M&C 22-0381 $150,000.00 $150,000.00
Lawsuit Settlement $O.00This M&C $150,000.00 $150,000.00
Total Expenditures $22,777,731.00 $5,010,383.58 $27,788,114.58
Funding is available for appropriation in the fund balance/net position of the Risk Financing Fund. Available net position is$32,803,736.25 and
after use of net position,the available balance will be$32,503,736.25.
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 by. Reginald Zeno 8517
Originating Business Unit Head: Dianna Giordanno 7783
Additional Information Contact: Yolanda Fouche 2493
Expedited