HomeMy WebLinkAboutOrdinance 27034-08-2024Ordinance No. 27034-08-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK FINANCING FUND IN THE AMOUNT OF
$525,000.00, 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 2023-2024 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 $525,000.00, 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 26453-09-2023 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said prior ordinances and appropriations are hereby expressly repealed.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:
ZA14z&� elAmd..
Assistant City Attorney
ADOPTED AND EFFECTIVE: August 13, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/13124 M&C FILE NUMBER: M&C 24-0628
LOG NAME: 12WALLER SETTLEMENT
SUBJECT
(ALL) Authorize Settlement and Payment in the Amount of $825,000.00 to Settle the Claims of Angie Waller, Chris Waller, Gayla Kfmbrough and
Terry Springer, Related to the Lawsuit Entitled Angie Waller, et al v. Richard Hoeppner (Cause No. 4:15-cv-00670-P)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the settlement and payment in the amount of $825,000.00 to be distributed to Angie Waller, Chris Waller, Gayla Kimbrough, and
Terry Springer, and attorneys Art Brender and Michael Ware in settlement of all claims related to the lawsuit styled, Angie Waller, et al. v.
Richard Hoeppnner, Civil Action No 4:15-cv-00670-P;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Risk Financing Fund in the amount of
$525,000.00, from available net position, for the purpose of funding lawsuit expenses; and
3. Authorize the appropriate City Personnel to execute all releases and agreements necessary to complete the settlement.
DISCUSSION:
On May 28, 2013, Fort Worth Police Officers responded to an alarm call. During the investigation of the call, one of the officers encountered Jerry
Waller. During the encounter Mr. Waller was shot and killed. The children of Mr. Waller sued the City and Officer Hoeppner, alleging that Mr.
Waller's constitutional rights were violated.
An agreement has been reached to settle the claims for $825,000.00, subject to City Council approval. A final determination of the division of the
settlement amount will be determined by the Plaintiffs and Intervenors, and the attorneys for the Plaintiffs and Intervenors.
Funding is available for appropriation from net position of the Risk Financing Fund. The beginning net position balance is $38,462,516.07 and
after appropriation the new net position balance will be $37,937,516.07.
Parties are to bear their own court costs.
Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth, as any liability in this matter is denied.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that funds are currently available from net position of the Risk Financing Fund, and upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
in the Risk Financing Fund. Priorto any expenditure being incurred, the Human Resources Department and the City's Attorney's Office have the
responsibility to validate the availability of funds.
Submitted for Cit_Managees Office by_ ALL ACM: 6122
Originating Business Unit Head:
Leann Guzman 8973
Additional Information Contact: Laetitia Coleman Brown 6639