HomeMy WebLinkAbout26-28724 - City Council - OrdinanceOrdinance No. 26-28724
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ORDINANCE 26-28724
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK FINANCING FUND IN THE AMOUNT OF
$11,250,000.00, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
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 appropriationsin theRisk Financing
Fund in the amount of $11,250,000.00, from available net position, for the purpose of funding lawsuit
expenses.
SECTION 2.
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.
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of said prior ordinances and appropriations are hereby expressly repealed.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 take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
____________________________________ _____________________________
Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED: August 25, 2026
EFFECTIVE: August 25, 2026
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7.1.18 JEFFERSON SETTLEMENT
MAYOR AND COUNCIL COMMUNICATION
7.1.18 JEFFERSON SETTLEMENT
DATE:08/25/26 M&C FILE NUMBER:M&C 26-0881
DEPARTMENT:LAW
SUBJECT
(ALL) Authorize Settlement and Payment in the Amount of $11,250,000.00 to Settle the Claims
of the Estate of Atatiana Jefferson, Related to the Lawsuit Entitled David Bakutis, as
Administrator for the Estate of Atatiana Jefferson v. Aaron Dean and The City of Fort Worth
(Cause No. 4:21-cv-665-Y)
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the settlement and payment in the amount of $11,250,000.00 to be distributed
to the Estate of Atatiana Jefferson in settlement of all claims related to the lawsuit
styled, David Bakutis, as Administrator for the Estate of Atatiana Jefferson v. Aaron
Dean and The City of Fort Worth (Cause No. 4:21-cv-665-Y);
2. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Risk Financing Fund in the amount of $11,250,000.00, 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
The purpose of this Mayor & Council Communication is to authorize settlement and approve
appropriation ordinance and payment in the total amount of $11,250,000.00 for full and final
settlement of all claims related to the lawsuit styled, David Bakutis, as Administrator for the
Estate of Atatiana Jefferson v. Aaron Dean and The City of Fort Worth, Cause No. 4:21-cv-665-
Y.
On October 12, 2019, Fort Worth Police Officers responded to an “open structure” call at the
home of Atatiana Jefferson. During the investigation of the call Ms. Jefferson was shot and
killed by former police officer Aaron Dean. The Estate of Atatiana Jefferson sued the City and
Aaron Dean, asserting a wrongful death and survival action alleging that Ms. Jefferson’s
Fourth Amendment rights were violated.
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An agreement has been reached to settle the claims for $11,250,000.00, subject to City
Council approval. The division of the settlement amount is subject to a family agreement,
and a final determination of the settlement amount is subject to approval by the Probate
Court.
Funding is available for appropriation from the net position of the Risk Financing Fund. The
beginning net position balance is $49,091,641.79 and after appropriation the new net position
will be $37,841,641.79.
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/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 any expense being incurred, the Financial Management Services
Department and the City Attorney's Office have the responsibility of verifying the availability
of funds.
SUBMITTED FOR CITY MANAGER'S OFFICE BY:William M. Johnson, #5806
ORIGINATING BUSINESS UNIT HEAD:Leann Guzman, #8973
ADDITIONAL INFORMATION CONTACT:Destiney-Ariel Hicks, #7669
ATTACHMENTS
1. Jefferson Settlement AO (1) [7.1.18.2 - 1 page]