M&C Review


COUNCIL ACTION:  Approved on 5/18/2010 - Ord. No. 19157-05-2010

DATE: 5/18/2010 REFERENCE NO.: G-16928 LOG NAME: 12JACOBS
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:   Settlement of Lawsuit Entitled Michael Patrick Jacobs, Sr. and Charlotte Jacobs, Individually, as the Representatives of the Estate of Michael Patrick Jacobs, Jr., Deceased and as Next Friends of J.K. and Z. J., Minors v. City of Fort Worth and Stephanie Phillips, Cause No. 4-09-CV-513-Y and Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Risk Management Fund by $2,000,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Risk Management Fund Balance by the Same Amount

RECOMMENDATION:

It is recommended that the City Council:

1. Adopt the attached supplemental appropriation ordinance increasing the appropriations in the Risk Management Fund by $2,000,000.00 and decreasing the unaudited, unreserved, undesignated Risk Management Fund Balance by the same amount;

2. Authorize the payment  of $2,000,000.00 to Michael Patrick Jacobs, Sr. and Charlotte Jacobs, individually, as the representatives of the Estate of Michael Patrick Jacobs, Jr., deceased and as Next Friends of J.K. and Z. J., Minors, in settlement of the above referenced lawsuit;

3. Approve the payment of the Court appointed Guardian Ad Litem; and

4. Authorize the appropriate City personnel to execute any release and agreement necessary the complete the settlement.

 
DISCUSSION:

Plaintiffs Michael Patrick Jacobs, Sr. and Charlotte Jacobs, individually and as next friends of J.K. and Z. J., Minors allege that excessive force was used against Michael Patrick Jacobs, Jr. resulting in his death.

Plaintiffs have agreed, subject to City Council approval, to settle their lawsuit against the City for a total payment of $2,000,000.00. A final determination of the division of the settlement among the Plaintiffs and the Guardian Ad Litem fees will be determined by the Court.

Parties are to each bear their own costs of court.

Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth, any liability in this matter being, in fact, expressly denied. This settlement is entered into only to avoid further time-consuming and costly litigation.

 
FISCAL INFORMATION/CERTIFICATION:

The Financial Management Services 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 Risk Management Fund.  Upon approval, the unaudited, unreserved, undesignated fund balance of the Risk Management Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements.

 
TO Fund/Account/Centers
 
FROM Fund/Account/Centers
FE71  534050  0137120   $2,000,000.00

Submitted for City Manager's Office by:
Tom Higgins (6192)
Originating Department Head:
David Yett (7623)
Additional Information Contact:
Laetitia Brown (6639)

 
 
ATTACHMENTS
  12JACOBS AO.doc