HomeMy WebLinkAboutResolution 3725-04-2009A Resolution
NO 3725-04-2009
INCREASING THE MAXIMUM AMOUNT OT BE PAID TO
WHITAKER, CHALK, SWINDLE & SAWYER, LLP, 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
WHEREAS, on September 25 2007 City Council approved M&C G 15872
adopting a resolution retaining Whitaker Chalk, Swindle & Sawyer LLP 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 to the amount of $50 000 00
and
WHEREAS, on September 30 2008 City Council approved M&C G 16287
adopting a resolution retaining Whitaker Chalk, Swindle & Sawyer LLP to provide the
City legal services in said lawsuit in the amount of $50 000 00 and
WHEREAS, tt is anticipated that additional legal services concerning said lawsuit
will require a $50 000 00 increase to the total amount paid to Whitaker Chalk Swindle
& Sawyer LLP thereby raising the maximum amount to $150 000 00
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 LLP for legal services including but not limited to issues 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 $50 000 00 to an amount not to exceed
$150 000 00
Adopted this 21 t day of April 2009
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 4/21/2009` Res. 'No. 3725-04-2009 &`Ord. No. 18569=04-
1 2009
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DATE Tuesday April 21 2009
LOG NAME 12ARCADIA PK3
REFERENCE NO "'"'G-16538
SUBJECT
Adopt a Resolution Authorizing the Increase in Payment to Whitaker Chalk, Swindle and Sawyer LLP by
$50 000 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 and Adopt Supplemental Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $50 000 00 and decreasing the unaudited unreserved undesignated cash balance by the
same amount; and
2. Adopt a resolution authorizing the City Manager to increase payment to Whitaker Chalk, Swindle and
Sawyer LLP by $50 000 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 This lawsuit concerns allegations of improper
trench compaction and inadequate construction which led to premature street failures in the Arcadia Park
subdivision
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 out of M&C G-15873 approved on September 25 2007
in the amount of $50 000 00 and M&C G-16287 approved on September 30 2008 increased the
authorized amount to $100 000 00 It is the recommendation of the City Attorney that an additional
$50 000 00 should be paid to Whitaker Chalk, Swindle and Sawyer LLP for additional services rendered
in this suit, not to exceed $150 000 00
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 the unaudited
unreserved undesignated cash balance of the Water and Sewer Fund will exceed the minimum reserve
as outlined in the Financial Management Policy Statements
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
PE45 531200 0601000 $50,000.00
CERTIFICATIONS
Logname: 12ARCADIA PK3 Page 1 of 2
Submitted for City Manager's Office by:
Originating Department Head.
Additional Information Contact:
Fernando Costa (8476)
David Yett (7623)
Gerald Pruitt (7616)
Jimmy Riddell (7614)
Logname 12ARCADIA PK3 Page 2 of 2