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HomeMy WebLinkAbout26-28610 - City Council - OrdinanceORDINANCE NO. 26-28610 INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE RISK FINANCING FUND, IN THE AMOUNT OF $155,000.00, 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2025-2026 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 $155,000.00, 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 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 27979-09-2025 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 be in full force and effect following its adoption. APPROVED AS TO FORM AND LEGALITY: By: Olyn Poole Senior Assistant City Attorney ADOPTED: June 23, 2026 EFFECTIVE: June 23, 2026 Jannette S. Goodall City Secretary F. .1 ,,I•+0 v 0 o z jj 00 00° dd Ordinance No. 26-28610 0 _ . _ _.,o00 AV, Page 1 of 1 FORT WORTH,, MAYOR AND COUNCIL COMMUNICATION 7.1.17 SETTLEMENT PEDRO ALFARO JR. AND JULIAN ALFARO DATE: 06/23/26 M&C FILE NUMBER: M&C 26-052E DEPARTMENT: LAW SUBJECT (ALL) Authorize Settlement and Payment in the Amount of $155,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit Entitled Pedro Alfaro, Jr. and Julian Alfaro v. The City of Fort Worth, Cause No. 067-361990-25 in the 67th 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 $155,000.00 to Pedro Alfaro, Jr. and Julian Alfaro for full and final settlement of all claims related to the lawsuit entitled Pedro Alfaro, Jr. and Julian Alfaro v. The City of Fort Worth, Cause No. 067361990-25 in the 67th 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 $155,000.00, 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 The purpose of this Mayor and Council Communication is to authorize settlement and payment in the total amount of $155,000.00 to Pedro Alfaro, Jr. and Julian Alfaro for full and final settlement. On July 26, 2023, Pedro Alfaro, Jr. drove over debris that spilled onto the roadway after the rear of a City of Fort Worth (City) vehicle allegedly opened while traveling on the roadway. Pedro's son, Julian Alfaro, was a passenger in the vehicle. The incident occurred in the westbound lanes of Interstate 20 near the 3500 block in Tarrant County, Texas. Pedro Alfaro, Jr. and Julian Alfaro filed suit alleging that the City's negligence proximately caused their injuries and damages. The parties mediated the matter on the 22nd day of April 2026. Under the circumstances, it is the best interest to the City to settle all issues related to Pedro Alfaro, Jr. and Julian Alfaro's claims for $155,000.00. Approval of this settlement should not be construed as an admission of liability by the City, as any liability in this matter is denied. 1oft FORT WORTH,, Funding is available for appropriation from the net position of the Risk Financing Fund. The current beginning net position balance is $47,343,484.83 and after this M&C the new net position balance will be $47,188,484.83. 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 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 as appropriated. Prior to an expenditure being incurred, the Financial Management Services Department and the City's Attorney Department have the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Dianna Giordano, # 7783 ORIGINATING BUSINESS UNIT HEAD: Leann Guzman, #8973 ADDITIONAL INFORMATION CONTACT: Leann Guzman, #8973 ATTACHMENTS 1. Ordinance for M C Alfaro (1) [7.1.17.1 - 2 pages] 2. CONFIDENTIAL REDACTED - Settlement P Alfaro Jr and J Alfaro fund avail [7.1.17.2 - 1 page] 3. CONFIDENTIAL REDACTED - SETTLEMENT PEDRO ALFARO JR AND JULIAN ALFARO fid table [7.1.17.3 -1 page] 2 of 2