HomeMy WebLinkAboutOrdinance 25613-08-2022 ORDINANCE NO. 25613-08-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK FINANCING FUND IN THE AMOUNT OF
$210,000.00, 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$210,000.00,from available net position,for the purpose of funding lawsuit
expenses.
SECTION 2.
That should any portion,section or part of a section of this ordinance be declared invalid,inoperative or void
for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way impair
the remaining portions,sections,or parts of sections of this ordinance,which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 25073-09-2021 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations,in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
7s. Gt/';a�t' Tdnnef fe S. GoodAll
Jannette S.Goodall(Aug 11,202215:56 CDT)
Assistant City Attorney Jannette S.Goodall
City Secretary
F FORT '
ADOPTED AND EFFECTIVE:August 9,2022 0' �
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M$C FILE NUMBER: M&C 22-0564
LOG NAME: 14GARZA-MORALES LAWSUIT SETTLEMENT
SUBJECT
(ALL)Authorize Settlement and Payment in the Amount of$210,000.00 to Artemio Garza-Morales and his Attorney,John Nohinek,of 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,Adopt 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$210,000.00 to Artemio Garza-Morales and his Attorney,John Nohinek,of 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 Risk Financing Fund, in the amount of
$210,000.00,from available Net Position,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 driven by
Artemio Garza-Morales. Mr.Garza-Morales 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.City of Fort Worth was filed. An agreement has been reached to settle Mr.
Garza-Morales'lawsuit in the amount of$210,000.00,subject to City Council approval.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as approved in connection with Ordinance 25073-09-2021, Section 5.
Internal Service Funds,as listed on page 21.
Fund/Department
FY2022 Adopted M$C Budget Revised FY2022
Budget Authority Adjustment 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 $30,352.00 M&C 21- $1,706,710.00 $1,737,062.00
Position 0965
Use of Fund Balance/Net $0.00 M&C 22- $703,673.58 $703,673.58
Position 0002
Use of Fund Balance/Net $0.00 M&C 22- $2,300,000.00 $2,300,000.00
Position 0344
Use of Fund Balance/Net $0.00 M&C 22- $150,000.00 $150,000.00
Position 0381
Use of Fund Balance/Net $0.00 M&C 22- $120,000.00 $120,000.00
Position 0382
Use of Fund Balance/Net $0.00 This M&C $210,000.00 $210,000.00
Position
Total Revenues $22,777,731.00 $5,190,383.58 $27,968,114.58
Expenditures
Human Resources $22,777,731.00 M&C 21- $1,706,710.00 $24,484,441.00
0965
Transfer to Capital Fund $0.00 M&C 22- $703,673.58 $703,673.58
0002
Transfer to Capital Fund $0.00 M&C 22- $2,300,000.00 $2,300,000.00
0344
Lawsuit Settlement $0.00 M&C 22- $150,000.00 $150,000.00
0381
Lawsuit Settlement $0.00 M&C 22- $120,000.00 $120,000.00
0382
Lawsuit Settlement $0.00 This M&C $210,000.00 $210,000.00
Total Expenditures $22,777,731.00 $5,190,383.58 $27,968,114.58
Funding is available for appropriation in the net position of the Risk Financing Fund. Available balance is
$33,734,869.62 and after use of net position,the available balance will be$33,524,869.62.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
Submitted for City Manager's Office by: Reginald Zeno 8517
Originating Business Unit Head: Dianna Giordanno 7783
Additional Information Contact: Yolanda Fouche 2493