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expressly repealed.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
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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.
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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]
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