HomeMy WebLinkAboutOrdinance 7642 ORDINANCE No. 7� iFl-'
AN ORDINANCE APPROPRIATING REVENUE OF THE
CITY IN EXCESS OF ITS TOTAL ESTIMATED IN-
COME AS SET FORTH IN THE 1976-77 BUDGET FOR
THE PURPOSE OF FINANCING THE SETTLEMENT OF
CAUSE NO. 17-39660-76, E. F. WILSON, ET AL
V. CITY OF FORT WORTH, IN THE DISTRICT COURT
OF TARRANT COUNTY, TEXAS, 17TH JUDICIAL
DISTRICT COURT; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR APPROPRIATION ORDINANCES, REPEALING
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 the City Manager of the City of Fort Worth shall be
provided with such revenue as may be secured from the various
sources included in ordinance No. 7399 and in the 1976-77
Budget of the City Manager; and in addition thereto there
is hereby appropriated an additional sum of Seventy Thousand
and N01100 Dollars ($70,000.00) from the General Fund Balance
to Account No. 001-13800-3806 to finance the settlement, re-
lease, discharge and dismissal of any and all claims or cause
of action for alleged personal injuries arising out of an
accident occurring on or about July 15, 1975 at or near the
intersection of Miller Avenue and Martin Street in the City
of Fort Worth wherein one Steven Wilson allegedly sustained
personal injuries while riding a motorcycle as a result of
a collision with a city-owned vehicle. The City Manager shall
also be authorized to pay such court costs and expenses necessary
in the disposition of the litigation.
SECTION 2.
Should any part, portion, section or part of a section
of this ordinance be declared invalid or inoperative or void
for any reason by a court of competent jurisdiction, such
decision, opinion or judgment shall in no way affect the
remaining portions, parts, sections or parts of sections of
this ordinance, which provisions shall be, remain and continue
to be in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of ordinance
No. 7399, but all other ordinances and appropriations for
which provision has been heretofore made are hereby expressly
repealed if in conflict with the provisions of this ordinance.
SECTION 4.
That this ordinance shall take effect and be in full
force and effect from and after the date of its passage, and
it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ADOPTED: ?
EFFECTIVE:
LINE ity O�' Fora Worth Texas
rrurutm Mayor a ,d o nc il Communication
CARAINAM WORY
DATE REFERENCE SUBJECT,. Cause No,, 0-76, PAGE
wlWuraouuo NUMBER _ F. Wilson, et al, vs City of
6-3598 Fort Wo,rth
On August , 1976, E , Wilson, individually and as next friend of his
then umtoor sour, Steven, Wilson, brought s,uit against the City of "fort Worth
and Lucien C. Winham for darnages resulting from, personal. injuries allegedly
sustained to iuuu while xiding o motorcycle as R result of a .
a City-owned motor °vehicle being operated by Lucien C., Winham on or about
July 15, 1 ' , at, or near the truterrsecdour of filler Avenue an Martin,
�'ur n
Street in the City of Fort Worth has ar result of such accildent, Steven
Wilson sustained a broken ba ck and rro r.endered a pertuinent paraplegic from
tb,e waist down,, Sucb injuries have further resulted in bladder and bowel
complications,, ama e,s sought were for ru sum in excess o $ . million.
f,"ter lengthy negotiations, platntiffs have agreed to erupt the um of
$70,000 in t°uu,11, final, and, uroimplete settlement and satisfaction of any and
all claims, or causes of action for alleged personal injuries arising out
of the accident in question.
Recommendation
lthouu b expro url - denying liability or any e eurme nicurrred in this 'regard
but in order to avoid further vexatioua and harassin.g litigation and contro-
vieray, the Finance Department rand the Departizient of Loin join n in recommending
mumuorar ing
an apprrolur trot tour of public funds to effect ettle ent of this lawsuit.
It is r'ec%omvtended t'&°uarr, an ordinance be adopted appropriating 197'6- funds
tru the amount of $70,000 from General Fund Balance to Account -13800-3806
to finance the settlement of this suit,
mu
SUBMITTED BY; DISPgSIrIa BY COUNCIL: PROCESSED BY
APPROVED 0 OTHER (DESCRIBE) ,
D( SECRETARY
DATE
CITY MANAGER