HomeMy WebLinkAboutOrdinance 15191xb
Ordinance No. ~~
AN ORDINANCE APPROPRIATING $225,000 TO THE PROPERTY AND
CASUALTY INSURANCE FUND, AND DECREASING THE UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE
OF FUNDING A SETTLEMENT OF CLAIMS WITH HOWARD CONSTRUCTION
COMPANY IN A LAWUTT ENTITLED HOWARD CONSTRUCTION COMPANY V
THE CITY OF FORT WORTH, CASE NO 342-181282-99; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL
PRIOR ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN
EFFECTIVE DATE.
BE TT 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 the Fiscal Year 2001-02 and in
the Budget of the City Manager, there shall also be increased appropriations in the Property and Casualty
Insurance fund, in the amount of $225,000; thereby decreasing the Unreserved Undesignated Fund Balance by
the same amount, for the purpose of funding a settlement of claims with Howard Construction Company in a
lawsuit entitled Howard Construction Company v the City of Fort Worth, Case No. 342-181282-99
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
That this ordinance shall be cumulative of Ordinance No. 14745 and all other ordinances and appropnations
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
ordmances and appropnations are hereby expressly repealed.
SECTION 4
This ordinance shall take effect upon adoption.
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City Attorney
ADOPTED AND EFFECTIVE. ~ ~ ~ ~ ~ ~ y
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/13/02 G-13699 12HOWARD 1 of 2
SUBJECT SETTLEMENT OF CLAIMS OF HOWARD CONSTRUCTION COMPANY IN A
LAWSUIT ENTITLED HOWARD CONSTRUCTION COMPANY V THE CITY OF FORT
WORTH, CASE NO 342-181282-99
RECOMMENDATION
It is recommended that the City Council
1 Approve the below described proposed settlement of the lawsuit arising from the breach of contract
claims by Howard Construction Company; and
2 Adopt the attached supplemental appropriation ordinance increasing appropriations and decreasing
the unreserved, undesignated fund balance in the Property and Casualty Insurance Fund by
$225,000, and
3 Authorize the payment of $225,000 to Howard Construction Company, with the check made
payable to "Howard Construction Company and Ford, White & Nassen, P C ", and
4 Authorize execution of the documents necessary to complete the settlement.
DISCUSSION
Howard Construction Company (Howard) filed this lawsuit against the City seeking payment for the
City's alleged breach of contract. Howard entered into a contract with the City to provide labor and
materials for sidewalk and street improvements adjacent to the Bass Performance Hall
After atwo-week trial, the jury entered a $275,328 verdict for Howard Upon return of the jury's verdict,
the court ordered the City and Howard to mediation As a result of the mediation, Howard has agreed
to settle all claims against the City and to join in a settlement of this case for $225,000 and execute a
release of all claims against the City The Engineering Department and the Law Department
recommend settlement of the case on those terms
.Approval of this settlement should not be construed as an admission of liability by the City or its officers,
agents, and employees In fact, any such liability in this matter is specifically denied This settlement is
entered into only to avoid further time consuming and costly litigation
City of Fort Worth, Texas
Mayor and Council Communication
DATE
8/13/02 REFERENCE NUMBER
G-13699 LOG NAME
12HOWARD PAGE
2 of 2
SUBJECT SETTLEMENT OF CLAIMS OF HOWARD CONSTRUCTION COMPANY ~ IN A
LAWSUIT ENTITLED HOWARD CONSTRUCTION COMPANY V THE CITY OF FORT
WORTH, CASE NO 342-181282-99
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
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
2) FE71 534050 0137120 $225,000.00
Charles Boswell 8511
Originating Department Head:
APPROVED 08/13/02
David Yett 7623 (from) ORD.# 15191
3) FE71 534050 0137120 $225,000.00
Additional Information Contact:
David Yett 7623