HomeMy WebLinkAboutOrdinance 16230Ordinance No + ~~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE PROPERTYANDCASUALTY INSURANCE FUND
IN THE AMOUNT OF $1 000 000 AND DECRESDING THE UNRESERVED
DESGINATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE
OF FUNDING A PROPOSED SETTLEMENT OF CLAIMS IN LAWSUITS CAUSE
NO 2003-016214-3 IN THE COUNTY COURT OF LAW NUMBER 3 TARRANT
COUNTY TEXAS AND APPEAL NUMBER 04-10433 IN THE FIFTH CIRCUIT
COURT O F A PPEALS M AKING T HIS O RDINANCE C UMULATIVE O F P RIOR
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 2004-
2005 in the Budget of the City Manager there shall also be increased estimated receipts and
appropriations in the Property and Casualty Insurance Fund in the amount of $1 000 000 and
decreasing the unreserved designated fund balance by the same amount, for the purpose of
funding a proposed settlement of claims in lawsuits Cause No 2003-016214-3 in the County Court
of Law Number 3, Tarrant County Texas and Appeal Number 04-10433 in the Fifth Circuit Court of
Appeals
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 No 16061 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed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
A OV D AS TO FORM AND LEGALITY
Assistant City A rney
ADOPTED AND EFFECTIVE ~CQ ~Q~ ~ ~-; o'
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved As Amended on 12/14/2004 Ordinance No 16230
DATE Tuesday December 14 2004
LOG NAME. 17FWWR2 REFERENCE NO G-14611
SUBJECT
Settlement of Claims in the Lawsuit styled City of Fort Worth v Fort Worth and Western Railroad
Company City of Fort Worth, Texas, Fort Worth Independent School District, and Tarrant County
Texas Cause No 2003-016214-3 in the County Court at Law Number 3 Tarrant County Texas
and Fort Worth and Western Railroad Company v City of Fort Worth Appeal Number 04-10433 in
the Fifth Circuit Court of Appeals and Adoption of Supplemental Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council:
1 Approve the proposed settlement of all claims involved in the City of Fort Worth's lawsuit and Fort
Worth and Western Railroad's appeal including payment in the amount of $1 000 000 payable to the Fort
Worth and Western Railroad Company
2. Authorize the appropriate City representative to execute the documents necessary to complete the
settlement;
3 Adopt the attached supplemental appropriation ordinance increasing appropriations by $1 000 000 00
in the Property and Casualty Insurance Fund and decreasing the unreserved designated fund balance by
the same amount; and
4 Authorize the City Manager to execute an agreement with S07#1 L.P related to funding for necessary
signalization quiet zones and maintenance of crossings at Museum Way and West Seventh Street.
DISCUSSION
The City of Fort Worth filed a condemnation action against Fort Worth and Western Railroad Company in
County Court at Law Number 3 Fort Worth and Western Railroad Company filed a lawsuit against the City
of Fort Worth in the United States District Court for the Northern District, seeking to enjoin the City of Fort
Worth from the condemnation proceedings. The District Court granted the City's motion to dismiss, and
Fort Worth and Western Railroad Company appealed that judgment to the Fifth Circuit Court of Appeals
The City vigorously denies any wrongdoing in the Railroad's appeal Approval of this settlement should not
be construed as an admission of wrongdoing by the City or its officers agents and employees. This
settlement is entered into only to avoid further time consuming and costly litigation
Pursuant to the terms of the negotiated agreement, subject to City Council approval Fort Worth and
Western Railroad Company will•
1 Convey a crossing easement for Museum Way•
Lognatrle. 17FWWR2 PaaP 1 of 7
2. Consent to a quiet zone with appropriate equipment at Museum Way and at West Seventh Street;
3. Convey six other crossings for underground utilities at other locations, and
4 Convey to the City of Fort Worth approximately 106 000 square feet of Fort Worth and Western Railroad
right of way between Park Place and Mistletoe
The City of Fort Worth will
1 Close two street crossings over Fort Worth and Western Railroad at other locations
2. Install and maintain a fence on either side of the Fort Worth and Western Railroad right of way
between Lancaster and Seventh Street;
3 Install and maintain necessary crossing signals and equipment for a quiet zone at Museum Way and
West Seventh Street;
4 Use best efforts and support the possibility of funding a grade separation of Fort Worth and Western
Railroad at White Settlement Road and at Henderson/Jacksboro Highway as a part of the Trinity River
Vision project for a town lake
5 Move City's utilities, streetlight, and manhole for railroad relocation work at Cantey and Eighth Street;
and
6 Pay $1 000 000 00 to Fort Worth and Western Railroad for real estate interest conveyed by Fort Worth
and Western Railroad as mentioned above
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance funds will be available in the current operating budget, as
appropriated of the property and casualty Insurance Fund to make this $1 000 000 00 payment to the Fort
Worth and Western Railroad After this appropriation the fund balance of the Insurance Fund will be
$7 493,219
TO Fund/Account/Centers .FROM Fund/Account/Centers
FE71 534050 0137120 $1.000.000.00 FE71 534050 137120 $1.000.000.00
Submitted for City Manager's Office by', Richard Zavala (Acting) (6222)
Originating Department Head Tom Higgins (6192)
Additional Information Contact: Ted Gorski (7627)
Loename• 17FWWR2 PaaP ~ „f ~