HomeMy WebLinkAboutOrdinance 15153Ordinance No. ~~~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF
$310,000 FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING A
SETTLEMENT OF ALL CLAIMS WITH JAMES S. DUBOSE V THE CITY OF FORT
WORTH, TEXAS, CASE NO 17-180555-99; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR 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 2001-02 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 $310,000 from available funds for the purpose of funding a
settlement of all claims with James S. Dubose v the City of Fort Worth, Texas, case no 17-180555-99
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. 14745 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ordinances and appropriations are hereby expressly repealed.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.
APPROV S F ANI~ LEGALITY
Assistant City Attorney
ADOPTED AND EFFECTNE. /~ _
City of FoYt Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/16/02 **G-13669 12DUBOSE 1 of 2
SUBJECT SETTLEMENT OF ALL CLAIMS-WITH JAMES S DUBOSE, INDIVIDUALLY AND AS
TRUSTEE OF THE JAMES S DUBOSE FAMILY TRUST, IN A LAWSUIT ENTITLED
JAMES S DUBOSE, INDIVIDUALLY AND AS TRUSTEE OF THE JAMES S DUBOSE
FAMILY TRUST, V THE CITY OF FORT WORTH, TEXAS, CASE NO 17-180555-99
RECOMMENDATION
It is recommended that the City Council
Approve the settlement of claims in the lawsuit entitled James S DuBose, Individually and as
Trustee of the James S DuBose Family Trust, v the City of Fort Worth, Texas, Case No 17-
180555-99, and
2 Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations by $310,000 in the Property and Casualty Insurance Fund from available funds, and
3 Authorize the payment of $150,000 in settlement of this lawsuit with the check made payable to
James S DuBose, Individually and as Trustee of the James S DuBose Family Trust; and
4 Authorize reimbursement of 100% of Mr DuBose's costs up to, but not exceeding $160,000, if
within five years Mr DuBose constructs and installs a gas control system designed to vent or
otherwise mitigate methane gas accumulation on his property; and
5 Authorize the appropriate City representatives to execute the documents necessary to complete the
settlement.
DISCUSSION
James S DuBose, Individually and as Trustee of the James S DuBose Family Trust, filed a lawsuit
against the City alleging that his property had been damaged by the release and migration of methane
gas from under Forest Park Boulevard and Parkview Drive Mr DuBose alleged the methane gas was
generated by solid municipal waste that had been deposited in the vicinity as part of a City dump in the
1940's and 1950's
While the City denies liability in this lawsuit, the City reached a proposed compromise settlement with
Mr DuBose after mediation Under the terms of the settlement, and subject to City Council approval,
the City agrees to 1) pay Mr DuBose $150,000, and 2) reimburse 100% of Mr DuBose's costs up to,
but not exceeding $160,000, if within five years Mr DuBose constructs and installs a gas control
system designed to vent or otherwise mitigate methane gas accumulation on his property In return,
Mr DuBose will dismiss his lawsuit and release all claims against the City
Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth
or its officers, agents and employees In fact, any such liability in this matter is specifically denied The
City enters into the settlement only to avoid further time-consuming, costly, and uncertain litigation
City of Fort Worth, Texas
Mayor and Council
Communication
DATE
7/16/02 REFERENCE NUMBER
**G-13669 LOG NAME
12DUBOSE PAGE
2 of 2
SUBJECT SETTLEMENT OF ALL CLAIMS WITH JAMES S DUBOSE, INDIVIDUALLY AND AS
TRUSTEE OF THE JAMES S DUBOSE FAMILY TRUST, IN A LAWSUIT ENTITLED
JAMES S DUBOSE, INDIVIDUALLY AND AS TRUSTEE OF THE JAMES S DUBOSE
FAMILY TRUST, V THE CITY OF FORT WORTH, TEXAS, CASE NO 17-180555-99
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon 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
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE71 534060 0137120 $310,000.00
Charles Boswell 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 07/16/02
ORD.# 15153
Additional Information Contact:
Theodore Gorski, Jr 7627