HomeMy WebLinkAboutOrdinance 12235Ordinance No ~ ~ ~~
AN ORDINANCE APPROPRIATING 5941,081 92 TO THE INSURANCE FUND, AND DECREASING
THE UNRESERVED, UNDESIGNATED INSURANCE FUND BALANCE BY THE SAME AMOUNT FOR
THE PURPOSE OF PROVIDING SETTLEMENT OF DIERDERE LOTT, ET AL. V THE CITY OF FORT
WORTH CAUSE NO 352-101270-87, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL 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 the Fiscal Year 1995-96 and in the
Budget of the City Manager, there shall also be increased appropriations in the Insurance Fund, in the amount of
5941,081 92, thereby decreasing the unrestricted, undesignated Fund Balance by the same amount, for the
purpose of providing settlement of Dierdere Lott, Et AI V City of Fort Worth Cause No 352-101370-87
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 judgement 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 12074 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appropriations are hereby expressly repealed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 and be in full force and effect and after the date of its passage, and it is so
ordained
AP ROVED F~/ AA~N,,D~LEGAL~TY
~' ~ I' G~!'i `
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Assistant City Attorney
Date
/~~ ' ~ ~ ~~
Adopted
Effective
City of Fort Worth, Texas
Mayor and Council Communication
DAIS REFERENCE NIIMBER LOG NAME PAGE
10/31 /95 **G11281 15LOTT 1 of 2
SIIBJECT RECOMMENDED SETTLEMENT OF DIERDERE LOTT, ET AL V CITY OF FORT WORTH
CAUSE NO 352-101370-87, AND RECOMMENDED APPROVAL OF SUPPLEMENTAL
APPROPRIATION ORDINANCE
RECOMMENDATION
1 Approve the settlement of the lawsuit filed by Dierdere Lott, individually, and on behalf of
the Estate of Anthony White, deceased minor, and as next friend for Johnny Lott, a minor,
and as next friend for Milton Lott, a minor, and .Faytrice Smith, individually, and
2 Adopt the attached supplemental appropriations ordinance increasing Insurance Fund
appropriations by 5941,081 92 and decreasing the unreserved, undesignated Insurance
Fund balance by the same amount, and
3 Authorize the City Manager to expend the sum of 5941,081 92 for the agreed settlement
DISCUSSION
Dierdere Lott filed a lawsuit against the City of Fort Worth as the result of a drowning accident
that occurred on June 14, 1986
While admitting no liability in this matter, the Risk Management Department, the Department of
Law, and David Keltner, of Haynes and Boone, the City's outside counsel, recommend settlement
of this lawsuit
The payments should be made as follows a check to Dierdere Lott and- her attorney, bushman
& Friedman, P C ,for 5478,504 16, a check to Dierdere Lott, on behalf of the estate of Anthony
White, deceased, and his attorney, Dushman & Friedman, P C ,for 59,570 31, a check to Jimmy
Lott and his attorney, Dushman & Friedman, P C ,for 5140,373 37, a check to Milton Lott and
his attorney, Dushman & Friedman, P C ,for 5140,373 37, and a check to Faytrice Smith and
her attorney, Dushman & Friedman, P C ,for 5172,260 71
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City of Fort Worth Texas
Mayor and Council Communication
DATE
10/31 /95 REFERENCE NUMBER
**G11281 LOG NAME
15LOTT PAGE
2 of 2
svBJECT RECOMMENDED SETTLEMENT OF DIERDERE LOTT, ET AL V CITY OF FORT WORTH
CAUSE NO 352-101370-87, AND RECOMMENDED APPROVAL OF SUPPLEMENTAL
APPROPRIATION ORDINANCE
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that upon adoption of the attached supplemental
appropriations ordinance, the funds required for this settlement will be available in the current
operating budget of the Insurance Fund
CB a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
(2) FE71 534030 0157110 $941,081.92
Charles Boswell 8500 APPRAVED
Originating Department Head: CITY CO UN
CIL
Susan Bulla 8513 (from)
(3) FE71 534030 0157110 $941 081.92
For Additional Information ~. ' ,
Contact: ~1l~ @ ®~®
'
Susan Bulla 8513 C1lq 0~ !
Of! }~~ ~8g
Adopted Ordinance No..___r