HomeMy WebLinkAboutResolution 3585-02-2008A Resolution
NO 3585-02-2008
WHEREAS the law firm of Whitaker Chalk, Swindle & Sawyer LLP (Whitaker Chalk) has
been hired to assist the City in various matters concerning Water Department
and TPW contracts and to represent the City in litigation concerning such
matters
WHEREAS to date the cost of legal services by Whitaker Chalk in these matters and to
represent the City in various lawsuits have been in the amount of $194 430 22
and
WHEREAS various matters concerning, Water Department and TPW contracts and to
represent the City in litigation matters are still pending and an additional amount
of $50 000 not to exceed $250 000
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH TEXAS
That the compensation authorized to be paid to Whitaker Chalk is hereby increased
from $200 000 to an amount not to exceed $250 000
this 19th day of February, 2007
ADOPTED~
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APFi~OVED
City secretary *~~'~*4,;~ CITY COUNCIL
APPROVED AS TO FORM FES 1 9 2008
c~cy see=e~ary oc cne
istant City Attorney City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker Chalk, Swindle & Sawyer LLP to Assist the City in Matters Concerning Water
Department and Transportation and Public Works Contracts and Adopt Appropriation Ordinances
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution authorizing the maximum amount to be paid to Whitaker Chalk, Swindle & Sawyer
LLP ("Whitaker Chalk") to assist the City in matters concerning Water Department and Transportation and
Public Works (TPW) contracts
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund
by $25 000 and decreasing the unreserved undesignated fund balance by the same amount; and
3 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $25 000 and decreasing the unreserved undesignated fund balance by the same amount.
DISCUSSION
By adoption of M&C G-15239 on June 20 2006 the City Council approved Whitaker Chalk to assist the
City concerning various legal issues regarding the City's Water Department and TPW contracts and
authorized payment to Whitaker Chalk in an amount not to exceed $50 000
M&C G,15680 adopted on April 17 2007 increased the authorized amount to $150 000 and on September
25 2007 M&C G-15873 was adopted to increase the authorized amount to $200 000 To date, Whitaker
Chalk has billed the City $194 430.22 for its services Various matters concerning Water Department and
TPW contracts and representation of the City in litigation concerning such matters are still pending
Because of the extraordinary importance of the issues raised it is the opinion of the City Attorney to
authorize an additional sum of $50 000 to Whitaker Chalk for their services concerning those matters not to
exceed $250 000
Since the last increase counsel have been negotiating arbitration agreements with various contractors. This
M8~C is to increase the amount to be paid to Whitaker Chalk for these matters and general construction
issues. Fees for litigation lawsuit costs will be addressed under a separate M&C
Logname 12WHITAKER 250 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION
The Finance 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 budgets as
appropriated of the General Fund and Water and Sewer Fund Upon approval the unaudited fund balance
available for discretionary spending (excluding Reserves for Advances) of the General Fund will be
$1 187 613 81 below the minimum reserved fund balance of $51 164 694 and the unaudited available cash
balance of the Water and Sewer Fund will be $47 731 314 40 Financial Management Policy Statements
state that the City shall strive to maintain the General Fund undesignated fund balance at an amount
equaling 10 percent of the current-year adopted budget expenditures less the annual transfer from the
General Fund to the Debt Service Fund and maintain the Water and Sewer Fund operating reserve at an
amount equaling 20 percent of the current year budget appropriation for the operation and maintenance
which is defined as the total budget less debt service and capital project expenditures
TO Fund/Account/Centers FROM Fund/AccountlCenters
GG01 538110 0121000 $25.000.00
PE45 531200 0601000 $25.000.00
Submitted for City Manager's Office b~ Fernando Costa (Acting) (6122)
Originating Department Head. David Yett (7623)
Frank Crumb (8246)
Additional Information Contact: Gerald Pruitt (7616)
Jimmy Riddell (7614)
Logname 12WHITAKER 250 Page 2 of 2