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HomeMy WebLinkAbout014 - 01/19/1999 - APPROPRIATING $428,529 FROM RESERVES IN THE SELF-INSURANCE FUND TO FUND A PROPOSED SETTLEMENT ON BEH EMERGENCY ORDINANCE NO. 14, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING $428,529 FROM RESERVES IN THE SELF INSURANCE FUND TO FUND A PROPOSED SETTLEMENT ON BEHALF OF THE FORT COLLINS HOUSING AUTHORITY IN CIVIL ACTION NO. 97-K-1995 WHEREAS, on October 15, 1998, an amended judgment was entered in Civil Action No. 97-K-1995 (the "Litigation"), in the United States District Court for the District of Colorado (the "District Court")against the Fort Collins Housing Authority(the"Authority"),its executive director, Rochelle S. Stephens ("Stephens"), and one of its commissioners, Mike Prenzlow; and WHEREAS, all claims and judgments against Commissioner Mike Prenzlow in the Litigation have been fully settled; and WHEREAS, the amount of the amended judgment against the Housing Authority was $763,000 and,as a result of the settlement of the claims and judgments against Mike Prenzlow,said amount has been reduced by agreement of the parties to$663,000 plus attorneys' fees and costs;and WHEREAS, the amount of the amended judgment against Stephens, excluding punitive damages, is in a like amount of $663,000 plus attorneys' and costs, and the District Court has determined that the Authority and Stephens are jointly and severally liable for said amount; and WHEREAS, the Plaintiff in the Litigation, Tracy Carter-DeFrancesco, and the Housing Authority have been engaged in negotiations regarding the possible settlement of all claims and judgments against the Authority and Stephens; and WHEREAS, to date, such negotiations have been unsuccessful; and WHEREAS,on this same date,the Board of Commissioners of the Authority has authorized an offer of settlement to the Plaintiff, the present cash value of which offer is estimated to be $428,529; and WHEREAS,under Article V, Section 9 of the City Charter,the Council may appropriate by ordinance at any time during the fiscal year such funds for expenditures as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS,$428,529 has been identified and is available for appropriation from prior year reserves in the City's Self Insurance Fund; and WHEREAS,the Council believes that it would be in the best interests of the residents of the City to fund the foregoing offer of settlement, so that the Authority could resume normal operations and continue to provide affordable housing to its residents. NOW,THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That the Council hereby finds that the expenditure of the amounts appropriated herein for possible settlement of the Litigation would serve an important public purpose for the residents of the City by enabling the Authority to remain in existence and resume normal operations, so as to continue to provide affordable housing to the residents of the City. Section 2. That there is hereby appropriated from prior year reserves in the City's Self Insurance Fund the amount of $428,529 which, upon written acceptance by Tracy Carter- DeFrancesco of the offer of settlement contained in Resolution No. 15 of the Board of Commissioners of the Fort Collins Housing Authority, shall be irrevocably pledged for payment of the following amounts in settlement of the Litigation: a. $175,000 to be paid upon execution of a release and settlement agreement satisfactory in form to the City Attorney and the filing of a full satisfaction of judgment in the Litigation against the Authority and a partial satisfaction against Stephens; and eight (8) additional annual payments in the amount of$40,000 for eight(8)successive years thereafter to the Plaintiff,to be paid according to the terms and conditions of the above-referenced release and settlement agreement as approved by the City Manager and the City Attorney; or b. in lieu of the structured settlement payments referenced above,a lump sum payment in the amount of$428,529. Section 3. That the City Manager is hereby directed to advance the amounts appropriated herein as a loan to the Authority and to require the Authority to execute and deliver to the City such documents of indebtedness and to provide such security as the City Manager deems reasonable and appropriate as a condition of this loan. Section 4. That in appropriating the monies herein from the City's Self Insurance Fund, this Ordinance shall supercede in all relevant aspects the provisions of City Council Resolutions 87- 79 and 88-1, but with respect to the matter addressed herein only. Section 5. That the immediate adoption of this Ordinance is necessary as an emergency measure to preserve and protect the existence and ongoing operation of the Housing Authority and to ensure the continuing operation of its affordable housing programs and projects and the administration of its funds, and that the Council hereby determines that an emergency exists requiring immediate passage of this Ordinance in order to preserve,protect and advance the general welfare of the residents of the City of Fort Collins. Section 6. That,for the foregoing reasons,this Ordinance is enacted pursuant to Section 8 of Article II of the Charter of the City of Fort Collins as an emergency ordinance, and the same shall be immediately effective upon its passage. Introduced,considered favorably by seven ( 7 )members ofthe Council of the City of Fort Collins and finally passed as an Emergency Ordinance an ered published this 19th day of January, A.D. 1999. Mayor ATTEST: City Clerk ��Q