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HomeMy WebLinkAboutResolution 3878-04-2010A Resolution NO 3878-04-20'10 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 D R. HORTON- TEXAS LTD AND SITE CONCRETE, INC CAUSE NO 017 231717-08 BY $25 000 00 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 in litigation regarding the premature failure of the streets against contractors D R Horton Texas Ltd and Site Concrete Inc and WHEREAS on April 28 2009 City Council approved Resolution 3732 04 2009 authorizing $15 000 00 to be paid to Whitaker Chalk, Swindle & Sawyer L L P and WHEREAS on December 8 2009 City Council approved Resolution 3815 12 2009 increasing the amount to be paid to Whitaker Chalk, Swindle & Sawyer L L P by $10 000 00 and WHEREAS, it is anticipated that additional legal services concerning this lawsuit will require a $25 000 increase to the total amount paid to Whitaker Chalk Swindle & Sawyer LLP thereby establishing the maximum amount of $50 000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS The maximum amount authorized to be paid to Whitaker Chalk, Swindle & Sawyer LLP for legal services concerning D R. Horton Texas Ltd and Site Concrete Inc is hereby increased by $25 000 to an amount not to exceed $50 000 00 Adopted this 27~,ida ~l .. ATTEST ~~`` ''~~»`~ By r~~rlltp of April, 2010 ~, ~: ~. Y/j ~. 1 ~~\ ~~\ ~1~i oRrW APPR©VED ci~r couNCi~ APR 2 7 2010 City~of the OE Fprt Wortft, T~,cas RESOLUTION NO 3878-04-2010 APPROVED AS TO FORM. ~, By. .,i .,___.____. Harvey Frye,~S~r'~Assistant Ci Attorney ORTVVORT City of Fort Worth, Texas Mayor and Council Communication _~ ,~ ~_~ e _ ~ - ~ _~ ~~~__ _ -- COUNCIL ACTION: Approved on 4/27/2010 -Res. No. 3878-04-2010 8~ Ord. No. 19123-04- 20`10 ~. a ~ ~~~~ DATE Tuesday April 27 2010 REFERENCE NO ~G-16904 LOG NAME 12FS NORTON INCREASE2 SUBJECT Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker Chalk, Swindle and Sawyer L.L.P to Assist the City with Legal Matters in the Lawsuit Entitled City of Fort Worth v D R Horton-Texas Ltd and Site Concrete Inc. in an Additional Sum of $25 000 00 and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION It is recommended that the City Council 1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund by $25 000 00 and decreasing the unaudited unreserved undesignated fund balance by the same amount; and 2 Adopt a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer L.L.P by $25 000 00 for representing the City in the lawsuit entitled City of Fort Worth v D R. Horton- Texas Ltd and Site Concrete, Inc. DISCUSSION By adopting M&C G-16545 on April 28 2009 the City Council approved Whitaker Chalk, Sawyer L.L.P (Whitaker Chalk) to assist the City in litigation concerning premature streett failuaes and authorized payment to Whitaker Chalk in an amount not to exceed $15 000 00 By adopting M&C G- 16768 on December 8 2009 the City Council increased the maximum payment to Whitaker Chalk by $10 000 00 not to exceed a maximum of $25 000 00 Various matters concerning the Water Department and the Transportation and Public Works Department (TPW) contracts and representation of the City in this litigation is still pending Because of the extraordinary importance of the issues raised it is the recommendation of the City Attorney to authorize an additional sum of $25 000 00 to Whitaker Chalk for their services concerning these matters not to exceed $50 000 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 unaudited unreserved undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. Logname• 12FS NORTON INCREASE2 Page 1 of 2 FUND CENTERS TO Fund/Account/Centers FROM Fund/AccountlCenters GG01 538110 0121000 $25,000.00 CERTIFICATIONS Submitted for City Manager's Office b~ Originating Department Head: Additional Information Contact: Fernando Costa (8476) David Yett (7623) Frank Crumb (8248) Harvey Frye (8715) Gerald Pruitt (7616) Logname• 12FS HORTON INCREASE2 Page 2 of 2