HomeMy WebLinkAboutOrdinance 25630-08-2022 ORDINANCE NO.25630-08-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK FINANCING FUND IN THE AMOUNT OF
$125,000.00, 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 in the amount of$125,000.00, 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said prior ordinances and appropriations are hereby expressly repealed.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
flan L. nrtie-, 7r. TahY]B�fa S. GOOdall
Harvey L.Frye,Jr.(Aug 1 ,202210:18 CDT) Jannette S.Goodall(Aug 11,2022 15:55 CDT)
Assistant City Attorney Jannette S.Goodall
City Secretary
ADOPTED AND EFFECTIVE:August 9,2022 ':0�
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0563
LOG NAME: 14GALVEZ LAWSUIT SETTLEMENT
SUBJECT
(ALL)Authorize Settlement and Payment in the Amount of$125,000.00 to Carolyn Galvez and her Attorney, Larry Rolle,of Rolle Law for Full and
Final Settlement of All Claims Related to the Lawsuit Styled Carolyn Galvez v. City of Fort Worth,Cause No.017-326386-21 in the 17th 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$125,000.00 to Carolyn Galvez and her attorney, Larry Rolle,of Rolle Law for full and final
settlement of all claims related to the lawsuit styled Carolyn Galvez v.City of Fort Worth,Cause No.017-326386-21 in the 17th 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
$125,000.00,from available Net Position,for the purpose of funding lawsuit expenses;and
4. Amend the Fiscal Year 2022 Adopted Budget.
DISCUSSION:
On August 26,2019,a City of Fort Worth Police Officer was responding to a call for assistance from a fellow Fort Worth Police
Department Officer,who was confronted by an aggressive individual at the Quick Trip station on Las Vegas Trail. The officer proceeded Code 3
(lights and siren)toward fellow officer's location and as he negotiated a curve in the roadway,the vehicle began to fish tail;the officer was unable to
maintain control of the vehicle and went across a concrete median and struck claimant vehicle,driven by plaintiff Carolyn Galvez.
Plaintiff Galvez was taken to John Peter Smith Hospital via MedStar.She suffered extensive injuries to her right shoulder and thoracic spine. She
sought occupational therapy sessions and injections into the right shoulder glenohumeral joint. Due to increased shoulder pain, plaintiff underwent
surgery at Frisco First Surgery Center:arthroscopic repair of posterosuperior labral tear; arthroscopic subacromial decompression/acromioplasty
/bursectomy;arthroscopic distal clavicle resection;and arthroscopic glenohumeral joint synovectomy
An agreement has been reached to settle Ms.Galvez's lawsuit for an amount of$125,000.00 subject to City Council approval.
The action in this Mayor and Council Communication(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 Authority Budget FY2022
Budget Category
Budget Adjustment Budget
Risk Financing Fund
Revenues
Use of Money and Property $399,990.00 $399,990.00
Other Revenue $22,347,389.00 $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
M&C 22-0002 $703,673.58 $703,673.58
M&C 22-0344 $2,300,000.00 $2,300,000.00
M&C 22-0381 $150,000.00 $150,000.00
M&C 22-0382 $120,000.00 $120,000.00
M&C 22-0540 $150,000.00 $150,000.00
14GARZA-MORALES
LAWSUIT
SETTLEMENT $210,000.00 $210,000.00
This M&C $125,000.00 $125,000.00
Total Revenues $22,777,731.00 $5,465,383.58$28,243,114.58
Expenditures
Human Resources $22,770,503.00 M&C 21-0965 $1,706,710.00$24,477,213.00
Transfer to IT Refresh Capital $7,228.00 $7,228.00
Transfer to the General Capital Fund
(Paygo) $0.00 M&C 22-0002 $703,673.58 $703,673.58
$0.00 M&C 22-0344 $2,300,000.00 $2,300,000.00
Lawsuit Settlements $0.00 M&C 22-0381 $150,000.00 $150,000.00
$0.00 M&C 22-0382 $120,000.00 $120,000.00
$0.00 M&C 22-0540 $150,000.00 $150,000.00
14GARZA-MORALES
LAWSUIT
SETTLEMENT $210,000.00 $210,000.00
$0.00 This M&C $125,000.00 $125,000.00
Total Expenditures $22,777,731.00 $5,465,383.58$28,243,114.58
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 the Net Postion 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 b . Reginald Zeno 8517
Oriainating Business Unit Head: Dianna Giordanno 7783
Additional Information Contact: Yolanda Fouche 2493
Expedited