Loading...
HomeMy WebLinkAbout26-28724 - City Council - OrdinanceOrdinance No. 26-28724 Page 1 of 1 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 1 of 2 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. 2 of 2 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]