HomeMy WebLinkAboutResolution 3874-04-2010A Resolution
NO 3874-04-2010
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH
V CRAWFORD FARMS INVESTORS, LTD , GLENN THURMAN,
INC , L H LACY COMPANY, LTD , AND BURNSCO
CONSTRUCTION, INC , FILED IN THE TARRANT COUNTY
DISTRICT COURT BY OUTSIDE COUNSEL WHITAKER, CHALK,
SWINDLE & SAWYER, L L P
WHEREAS, the City has identified premature street failures in certain neighborhoods
following the construction of streets and
WHEREAS on June 20 2006 City Council approved Resolution 3368 06 2006 to
retain outside counsel Whitaker Chalk, Swindle & Sawyer L L P and
WHEREAS it has become necessary for the City to engage m litigation regarding the
premature failure of the streets against contractors Crawford Farms Investors Ltd Glenn
Thurman, Inc L H Lacy Company Ltd and Burnsco Construction, Inc and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT
Whitaker Chalk, Swindle & Sawyer L L P is authorized to effect necessary legal
action against Crawford Farms Investors, Ltd Glenn Thurman, Inc L H Lacy
Company Ltd and Burnsco Construction, Inc regarding streets that failed
prematurely
The filing of the lawsuit against Crawford Farms Investors Ltd Glenn Thurman, Inc
L H Lacy Company Ltd and Burnsco Construction, Inc is hereby ratified
Adopted this 13th day of April 2409
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APPROVEQ
CITY COUNCIL
APR 13 2010
By
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Marty Hens
ORT WORT
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City of Fort Worth, Texas
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City of Fort Worth, Texas
Mayor and Council
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COUNCIL ACTION: Approved on 4/1:3/2010 - R
:;2010
DATE Tuesday April 13 2010
LOG NAME 12FS CRAWFORD FARMS INC2
Communication
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es."No. 3874-04-2010 & Ord. No. 19105-04-
REFERENCE NO "G-16892
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 Crawford Farms Investors, Ltd Glenn Thurman Inc. L. H Lacy Company Ltd and Burnsco
Construction Inc Cause No 96-232719-08 and Adopt Supplemental Appropriation Ordinance(COUNCIL
DISTRICT 2)
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution authorizing an increase of $25 000 00 to the maximum amount to be paid to
Whitaker Chalk, Swindle and Sawyer L.L.P for representing the City in the lawsuit entitled City of Fort
Worth v Crawford Farms Investors Ltd Glenn Thurman Inc. L. H Lacy Company Ltd and Burnsco
Construction Inc and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $25 000 00 and decreasing the unreserved undesignated fund balance by the same amount.
DISCUSSION
By adopting M&C G-16544 on April 28 2009 the City ratified Whitaker Chalk, Swindle and Sawyer
L.L.P (Whitaker Chalk) filing of this lawsuit and authorized an initial $15 000 00 in funds to proceed with
the action M&C G-16767 approved on December 8 2009 increased the maximum payment to Whitaker
Chalk by $25 000 00 not to exceed a maximum of $40 000 00 It is the recommendation of the City
Attorney to authorize an additional sum of $25 000 00 not to exceed $65 000 00
The premature street failures are located in COUNCIL DISTRICT 2
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 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• 12FS CRAWFORD FARMS INC2 Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
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. 12FS CRAWFORD FARMS INC2 Page 2 of 2