HomeMy WebLinkAboutResolution 3873-04-2010A Resolution
NO 3873-04-2010
INCREASING THE MAXIMUM AMOUNT TO BE PAID TO
WHITAKER, CHALK, SWINDLE & SAWYER, L L P ,FOR ASSISTING
THE CITY WITH LEGAL ISSUES REGARDING THE LAWSUIT
STYLED CITY OF FORT WORTH V ARCADIA PARK, L.P , AND SITE
CONCRETE, INC ,CAUSE NO 153 222641 07 BY $25,000 00
WHEREAS, on September 25 2007 City Council approved M&C G-15872, adopting a
resolution retaining Whitaker Chalk, Swindle & Sawyer L.L.P to provide the City legal services
related to the lawsuit styled City of Fort Worth v Arcadia Park, L.P and Site Concrete, Inc. Cause No
153 222641-07 in the amount of $50 000 00• and
WHEREAS, on September 30 2008, City Council approved M&C G-16287 adopting a
resolution increasing to total amount paid to Whitaker Chalk, Swindle & Sawyer L.L.P to
$100 000 00' and
WHEREAS, on April 21 2009 City Council approved M&C G 16538, adopting a resolution
increasing the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to $150 000 00' and
WHEREAS, rt is anticipated that additional legal services concerning said lawsuit will require a
$25 000 00 increase to the total amount paid to Whitaker Chalk, Swindle & Sawyer L.L.P thereby
raising the maximum amount to $175 000
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Worth,
Texas, THAT
The maximum amount authorized to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P for
legal services concerning the lawsuit styled City of Fort Worth v Arcadia Park, L.P and Site Concrete,
Inc. Cause No 153 222641-07 is hereby increased by $25 000 to an amount not to exceed $175 000
ATTEc
By
Adopted this 13th day,;of,,April 2010
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APPROVED AS
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By'
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CITY COUNCIL
APR 13 2010
City~olthe
City oI Fort Worth, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on' 4113/201'0 Res. No 3873-04-2010 8~ Ord. No. 19104-04-
2010
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DATE Tuesday April 13 2010
LOG NAME 12ARCADIA PK4
REFERENCE NO *G-16891
SUBJECT
Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law Firm of Whitaker Chalk,
Swindle and Sawyer L.L.P by $25 000 00 for the Prosecution of the City's Lawsuit Entitled City of Fort
Worth v Arcadia Park, L.P and Site Concrete Inc. Cause No 153-222641-07 and Adopt Supplemental
Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriations ordinance increasing appropriations in the General
Fund by $25 000 00 and decreasing the unreserved undesignated fund balance by the same amount;
and
2 Adopt a resolution authorizing an increase to the maximum amount to be paid to Whitaker Chalk,
Swindle and Sawyer L.L.P by $25 000 00 to represent the City in a lawsuit styled City of Fort Worth v
Arcadia Park, L.P and Site Concrete Inc. Cause No 153-222641-07
DISCUSSION
The City of Fort Worth through its outside counsel filed suit against Arcadia Park, L.P and Site
Concrete Inc. The matter was previously funded by M&C G-15873 approved on September 25 2007 in
the amount of $50 000 00 M&C G-16287 approved on September 30 2008 increased the authorized
amount to $100 000 00 and M&C G16538 authorized on April 21 2009 increased the amount to
$150 000 00 It is the recommendation of the City Attorney that an additional $25 000 00 should be paid to
Whitaker Chalk, Swindle and Sawyer L.L.P for additional services rendered in this suit, not to exceed
$175 000 00
The premature street failures are located in COUNCIL DISTRICT 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon the 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 General Fund Upon approval the
unreserved undesignated fund balance of the General Fund will exceed the minimum reserve as outlined
in the Financial Management Policy Statements.
Logname• 12ARCADIA PK4
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FUND CENTERS
TO Fund/Account/Centers FROM Fund/AccountlCenters
GG01 538110 0121000 $25,000.00 GG01 538110 0121000 $25,000.00
CERTIFICATIONS
Submitted for City Manager's Office bv. Fernando Costa (8476)
Originating Department Head. David Yett (7623)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname• 12ARCADIA PK4
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