HomeMy WebLinkAboutResolution 3815-12-2009A Resolution
NO 3815-12-2009
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE
PAID TO WHITAKER, CHALK, SWINDLE & SAWYER, LLP FOR
ASSISTING THE CITY WITH LEGAL MATTERS REGARDING THE
LAWSUIT STYLED CITY OF FORT WORTH V D R. HORTON
TEXAS LTD AND SITE CONCRETE INC CAUSE NO 17 232717 08
WITH AN ADDITIONAL SUM OF $10 000
WHEREAS on April 28 2009 City Council approved M&C G 16545 adopting a
resolution retaining Whitaker Chalk Swindle & Sawyer LLP to provide the City legal
services in matters concerning the Water Department and Transportation and Public Works
contracts and representation of the City m litigation styled City of Fort Worth v D R
Horton Texas Ltd and Site Concrete Inc to the amount of $15 000 and
WHEREAS it is anticipated that additional legal services concerning this lawsuit
will require a $10 000 increase to the total amount paid to Whitaker Chalk Swindle &
Sawyer LLP thereby establishing the maximum amount of $25 000
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 LLP for legal matters concerning the lawsuit styled City of Fort Worth v D R
Horton Texas Ltd and Site Concrete Inc is hereby increased by $10 000 to an amount
not to exceed $25 000
Adopted this 8th day of December 2009
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V DEC 0 8 2009
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By
Mary Hendri City Secretary ~,~'"~^'~
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APPROVED ,,T O ~~~ City Secretary of the
City of Fort worth, Texas
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Gerald Pruitt, Deputy City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved`on 12/8/2009 =Res. No. 3815-12-2009 & Ord. No. 18933-12-
2009
DATE Tuesday December 08 2009 REFERENCE NO *G-16768
LOG NAME 12FS HORTON INCREASE
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 $10 000 00
and Adopt Supplemental Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $10 000 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 $10 000 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, Swindle and
Sawyer L.L.P (Whitaker Chalk) to assist the City in litigation concerning premature street failures and
authorized payment to Whitaker Chalk in an amount not to exceed $15 000 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
$10 000 00 to Whitaker Chalk for their services concerning these matters not to exceed $25 000 00
The premature street failures are located in COUNCIL DISTRICTS 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 HORTON INCREASE Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
2) GG01 538110 0121000
CERTIFICATIONS
Submitted for City Manager's Office bv.
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
$10,000.00 GG01 538110 0121000
Fernando Costa (8476)
David Yett (7623)
Frank Crumb (8248)
Gerald Pruitt (7616)
$10,000.00
Logname• 12FS HORTON INCREASE Page 2 of 2