HomeMy WebLinkAboutResolution 4659-08-2016 A Resolution
NO. 4659-08-2016
INCREASING THE AMOUNT TO BE PAID TO JOHN ALLEN CHALK, SR., AND THE
LAW FIRM OF WHITAKER CHALK SWINDLE & SCHWARTZ, PLLC, AS OUTSIDE
COUNSEL FOR LEGAL MATTERS RELATING TO THE ACQUISITION OF
PROPERTY OWNED BY BODYCOTE THERMAL PROCESSING, INC. FOR THE
MULTIPURPOSE ARENA AND SUPPORT FACILITIES PROJECT
WHEREAS, In November 4, 2014, Fort Worth voters approved certain venue project
tax funding for the Multipurpose Arena and Support Facilities Project in the Cultural
District;
WHEREAS, in order to proceed with the Multipurpose Arena and Support Facilities
Project it was necessary to acquire certain property owned by Bodycote Thermal Processing,
Inc. (the "Bodycote Property"), through eminent domain if necessary;
WHEREAS, on March 17, 2015 the City hired John Allen Chalk, Sr., and the law
firm of Whitaker Chalk Swindle & Schwartz, PLLC, as outside counsel to assist in the
acquisition of the Bodycote Property;
WHEREAS, to date, the cost of legal services by John Allen Chalk, Sr., and the law
firm of Whitaker Chalk Swindle & Schwartz, PLLC, as outside counsel for the Bodycote
Property acquisition has been approximately $250,000.00; and
WHEREAS, this property acquisition and relocation involve unusually complex
issues, and it is estimated that an additional amount of approximately $50,000.00 beyond the
current authorized level of legal and consultation services will be needed to bring this
matter to a successful conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
THAT the compensation authorized to be paid to John Allen Chalk, Sr., and the law
firm of Whitaker Chalk Swindle & Schwartz, PLLC, as outside counsel, as well as
consultants hired to assist the City, in the acquisition of the Bodycote Property is hereby
increased from $250,000.00 to an amount not to exceed $300,000.00.
Adoptcd this9th day of August. 2016. ,�,o ®Rtaa
paA*o0oo°°°0 4'
ATTEST: p,,OO° ° �d0
v!�� �►o
Out �$v°
By:
e , Cit y-Secretary
Mary J. dQ�a ���a4
A.r--r
O1iITWO
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2016 - Resolution No. 4659-08-2016
DATE: Tuesday, August 9, 2016 REFERENCE NO.: **C-27849
LOG NAME: 12WHITAKERCHALKAMEND3
SUBJECT:
Adopt Resolution Authorizing an Increase in the Total Amount to be Paid to John Allen Chalk, Sr., and the
Law Firm Whitaker Chalk Swindle & Schwartz, PLLC, to Include Consulting Fees, as Outside Counsel for
Legal Matters Related to the Acquisition of Property Owned by Bodycote Thermal Processing Inc., for the
Multi-Purpose Arena and Support Facilities Project (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing an increase in the
amount of$50,000.00 to the maximum amount to be paid to John Allen Chalk, Sr., and the Law Firm of
Whitaker Chalk Swindle & Schwartz, PLLC, as outside legal counsel for legal services related to the
acquisition of property owned by Bodycote Thermal Processing, Inc., for the Multi-Purpose Arena and
Support Facilities Project, for a total amount not to exceed $300,000.00.
DISCUSSION:
On March 17, 2015, Mayor and Council Communication (M&C C-27222) and Resolution No. 4426-03-
2015), the City Council approved John Allen Chalk, Sr., and the Law Firm of Whitaker Chalk Swindle &
Schwartz, PLLC, as legal counsel to assist the City of Fort Worth in the Multi-Purpose Arena and Support
Facilities Project and appropriated the amount of$50,000.00 for that purpose. On August 4, 2015,
Council approved M&C C-27401 for an additional $100,000.00, and on January 12, 2016, Council
approved M&C C-27584 for an additional $100,000.00 to pay Whitaker Chalk Swindle & Schwartz, PLLC,
and consultants hired to assist the City.
The City requires the Bodycote property for the Multi-Purpose Arena and Support Facilities Project. Staff
has been working with Bodycote since January 2015 on a mutually agreeable settlement for the
acquisition and relocation of the Bodycote facility. To support the acquisition of the necessary property,
Staff is recommending an increase in the scope of services of John Allen Chalk, Sr., and the Law Firm of
Whitaker Chalk Swindle & Schwartz, PLLC, and to also include consulting services, which has required an
increase in the maximum of compensation for the firm to a total amount of$300,000.00.
The acquisition and relocation process is coming to a conclusion. The City purchased the Bodycote
property in July. However,there are remaining relocation issues. Consultants and experts are required to
support the City in these efforts.
Adoption of this resolution will increase the amount of compensation to be paid to John Allen Chalk, Sr.,
and the Law Firm of Whitaker Chalk Swindle & Schwartz, PLLC, by $50,000.00 for a total amount of
$300,000.00.
This expenditure will be part of the $225,000,000.00 commitment by the City of Fort Worth to the multi-
purpose arena and is ultimately intended to be funded through Project Finance Zone No. 1.
As of July 21, 2016, appropriations in the project are $13,699,251.00 of which $2,063,575.00 has been
Logname: 12WHITAKERCHALKAMEND3 Page I of 2
encumbered and $10,017,669.00 has been expended leaving a balance of$1,618,007.00.
Form 1295 is not required because the M&C does not request approval of a contract with a business
entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are available in
the New WRMC Arena Project, as appropriated, in the Fiscal Year 2016 Public Events Capital
Improvement Plan.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID 1A ID Year (Chartfield 2)
FROM
Fund Department Accouni Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
30101 0240450 5330500 C40004 C00780 2016 $50,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Christopher B. Mosley (7603)
Additional Information Contact: Randy Melton (7639)
Logname: 12WHITAKERCHALKAMEND3 Page 2 of 2