HomeMy WebLinkAbout27553-0 -2025 - City Council - OrdinanceOrdinance No. 27553-03-2025
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK FINANCING FUND, IN THE AMOUNT OF
$140,000.00, 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 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 $140,000.00, 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 ofcompetent jurisdiction, such decision, opinion oriudgment 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said prior ordinances and appropriations are hereby expressly repealed.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
Fh4py*yaon 3, 2025 11:32 CDT)
Assistant City Attorney
ADOPTED AND EFFECTIVE: March 25, 2025
CITY SECRETARY
Jannette S. Goodall
City Secretary
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Mayor and Council Communication
DATE: 03/25/25 M&C FILE NUMBER: M&C 25-0245
LOG NAME: 12LUIS ANGEL ARELLANO AND MANUEL ARELLANO SETTLEMENT
SUBJECT
(ALL) Authorize Settlement and Payment in the Total Amount of $140,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit
Styled Luis Angel Arellano and Manuel Arellano v. City of Fort Worth, Texas, Cause No. 348-350374-24, in the 348th District Court, 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 $140,000.00 to Luis Angel Arellano and Manuel Arellano, and their attorney, Andrew
Poulis, Herrman & Herrman, P.L.L.C., for full and final settlement of all claims related to the lawsuit styled Luis Angel Arellano and Manuel
Arellano v. City of Fort Worth, Texas, Cause No. 348-350374-24, in the 348th District Court, Tarrant County, Texas;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Risk Financing Fund in the amount of
$140,000.00, 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:
Luis Angel Arellano and Manuel Arellano, Plaintiffs in the above -entitled and numbered cause, allege that on or about July 6, 2023, they received
personal injuries resulting from a collision at the Intersection of Rosedale Street and Evans Avenue in Fort Worth, Tarrant County, Texas. Luis Angel
Arellano and Manuel Arellano further allege that the negligence of the City of Fort Worth was the proximate cause of the accident.
On February 20, 2024, a suit was filed against the City in the above -entitled and numbered cause, as a result of such accident and all injuries and
damages allegedly suffered by Luis Angel Arellano and Manuel Arellano.
The parties mediated the matter on February 11, 2025. Under the circumstances, it is the best interest to the City to settle all issues related to Luis
Angel Arellano and Manuel Arellano's claims for $140,000.00.
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 $30,703,249.48 and
after appropriation the new net position balance will be $30,563,249.48.
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 Office 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