HomeMy WebLinkAbout27901-08-2025 - City Council - OrdinanceOrdinance No. 27901-08-2025
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
RISK FINANCING FUND, IN THE AMOUNT OF $135,000.00, FROM 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 2024-2025 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 $135,000.00, from available net position, for the purpose of funding the
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 orjudgment 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 27107-09-2024 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said prior ordinances and appropriations are hereby expressly repealed.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:
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Assistant City Attorney
ADOPTED AND EFFECTIVE: August 26, 2025
CITY SECRETARY
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Jannette S. Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0771
LOG NAME: 12SETTLEMENT GENEVA CALHOUN AND J.H., MINOR
SUBJECT
(ALL) Authorize Settlement and Payment in the Amount of $135,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit Entitled
Geneva Calhoun, Individually and as Next Friend of J.H., a Minor v. City of Fort Worth, Cause No. 048-356036-24 in the 48th Judicial District,
Tarrant County, Texas; Adopt Appropriation Ordinance and Authorize City Personnel to Execute and File the Necessary Documents to Dispose of
this Lawsuit
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize settlement and payment in the total amount of $135,000.00 to Geneva Calhoun for full and final settlement of all claims related to
the lawsuit entitled Geneva Calhoun, Individually and As Next Friend of J.H., a Minor v. City of Fort Worth, Cause No. 048-356036-24 in the
48th Judicial District, Tarrant County, Texas;
2. Adopt the attached appropriation ordinance increasing estimate receipts and appropriations in the Risk Financing Fund in the amount of
$135,000.00, from available net position, for the purpose of funding lawsuit expenses; and
3. Authorize the appropriate City personnel to execute all releases, agreements and court filings necessary to complete the settlement.
DISCUSSION:
On August 18, 2023, a City of Fort Worth employee failed to stop at a stop sign and collided with the rear passenger's side of a vehicle driven by
Geneva Calhoun. Ms. Calhoun's son, J.H., was a passenger in her vehicle. The accident occurred at the intersection of 3600 East Airport Freeway
(State Highway 121) and 430 Karnes Street within the city limits of Fort Worth, Tarrant County, Texas. Ms. Calhoun filed suit on behalf of herself and
J.H. alleging that the City's negligence proximately caused her and her child to suffer injuries and damages.
The parties mediated the matter on the loth day of July 2025. The parties have agreed to settle all issues related to Geneva Calhoun and J.H.,
minor's claims for $135,000.00.
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.
Funding is available for appropriation from the net position of the Risk Financing Fund. The beginning net position balance is $39,858,527.53 and
after appropriation the new net position will be $39,723,527.53.
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 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 Risk Financing Fund. Prior to an
expenditure being incurred, the Human Resources Department and the City"s Attorney Department have the responsibility of verifying the
availability of funds.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head:
ALL ACMs 6122
Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973