ORDINANCE NO. 021513

Approving and authorizing settlement of a lawsuit styled Garrett T. Johnson, et al. v. City of Kansas City, Missouri, et al., Case No. 01-CV-207844; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the complete settlement of all claims of each and every Plaintiff of the lawsuit styled Garrett T. Johnson, et al. v. City of Kansas City, Missouri, et al., Case No. 01-CV-207844, by payment to the Plaintiffs of the aggregate sum of $500,000.00, as recommended by the City Attorney and the Risk Management Committee, is hereby approved.

Section 2. That the City Attorney is hereby authorized to pay the sum of $500,000.00 in settlement and satisfaction of the judgment heretofore rendered from funds heretofore appropriated in Account No. 02-701-013-1545-B, Auto Liability Claims.

Section 3. That $250,000.00 is hereby reduced in the following account of the General Fund by the following amount:

03-100-017-9990-B Contingent Appropriation $250,000.00

Section 4. That the sum of $250,000.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund to the following account:

03-100-012-9049-B Transfer to the Cumulative Claim Reserve $250,000.00

Fund

Section 5. That the revenue in the following account of the Cumulative Claim Reserve Fund is hereby reestimated in the following additional amount:

03-701-013-9200 Transfer from the General Fund $250,000. 00

Section 6. That the sum of $500,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Cumulative Claim Reserve Fund to the following account in the Cumulative Claim Reserve Fund:

03-701-013-1545-B Auto Liability Claims $500,000.00

Section 7. That this ordinance, making provision for the current expenses of municipal government, is recognized as an emergency measure within the provision of Section 15, Article II of the Charter of Kansas City and shall take effect immediately upon passage.

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

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Director of Finance

Approved as to form and legality:

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Assistant City Attorney