HomeMy WebLinkAboutResolution 3816-12-2009A Resolution
NO 3816-12-2009
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 THE HEIGHTS OF
PARK VISTA, LTD AND MARIO SINACOLA AND SONS
EXCAVATING INC CAUSE NO 153 232718 08 WITH AN
ADDITIONAL SUM OF $50 000
WHEREAS on April 28 2009 City Council approved M&C G 16546 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 in litigation entitled City of Fort Worth v The
Heights of Park Vista Ltd and Mario Sinacola and Sons Excavating Inc in the amount
of $15 000 and
WHEREAS it is anticipated that additional legal services concerning this lawsuit
will require a $50 000 increase to the total amount paid to Whitaker Chalk Swindle &
Sawyer LLP thereby establishing the maximum amount of $65 000
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 The
Heights of Park Vista, Ltd and Mario Sinacola and Sons Excavating Inc is hereby
increased by $50 000 to an amount not to exceed $65 000
Adopted this 8th day of December 2009
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APPROVED
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Gerald Pruitt°~ Deputy City Attorney
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NCIL
SEC 0 8 2009
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City of Port Worth Texas
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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.' 3816-12-2009 & Ord. No. 18934-12-
2009
DATE Tuesday December 08 2009 REFERENCE NO *G-16769
LOG NAME 12FS PARK VISTA 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 LLP to Assist the City with Legal Matters in the Lawsuit Entitled City
of Fort Worth v The Heights of Park Vista Ltd and Mario Sinacola and Sons Excavating Inc. in an
Additional Sum of $50 000 00 and Adopt Supplemental Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer
LLP by $50 000 00 for representing the City in the lawsuit entitled City of Fort Worth v The Heights of
Park Vista Ltd and Mario Sinacola and Sons Excavating Inc. and
2 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $50 000 00 and decreasing the unaudited unreserved undesignated fund balance by the same
amount.
DISCUSSION
By adopting M&C G-16546 on April 28 2009 the City Council approved Whitaker Chalk, Swindle and
Sawyer LLP (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
$50 000 00 to Whitaker Chalk for their services concerning these matters, 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 PARK VISTA INCREASE Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
2) GG01 538110 0121000 $50,000.00 GG01 5381000 0121000 $50,000.00
CERTIFICATIONS
Submitted for City Manager's Office bv. Fernando Costa (8476)
David Yett (7623)
Originating Department Head. Frank Crumb (8248)
Additional Information Contact: Gerald Pruitt (7616)
Logname 12FS PARK VISTA INCREASE Page 2 of 2