HomeMy WebLinkAboutResolution 3661-09-2008A Resolution
NO 3661-09-2008
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO 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 Srte Concrete, Inc
Cause No 153 222641-07 m the amount of $50 000 and
WHEREAS, rt is anticipated that additional legal services concerning the lawsuit styled.
City of Fort Worth v Arcadia Park, L.P and Srte Concrete, Inc Cause No 153 222641-07 will
be needed requiring a $50 000 increase to the total amount paid to Whitaker Chalk, Swindle &
Sawyer LLP thereby estabhshmg the maximum amount of $100 000
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 services, including but not hmrted to, issues concerning the lawsuit styled. City of
Fort Worth v Arcadia Park, L.P and Srte Concrete, Inc Cause No 153 222641-07 >s hereby
increased by $50 000 to an amount not to exceed $100 000
PIED this ~3Oth~day of September 2008
Marty Her''icirix ~ ~ ~ ~ -T=
.-
City Secretary ~.: ~,~'",
APPROVED AS TO FORM:
A istant City Attorney
APPROVED
CITY COUNCIl~
SEP 3 0 2008
`(fin ~,`~~~
City Secretary of the
City e~f Fort wort:", Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/30/2008 Res. No 3661-09-2008 & Ord No 18309-09-2008
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water
and Sewer Fund by $25 000 00 and decreasing the unreserved undesignated fund 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 which led to premature street failure in the Arcadia Park subdivision
DISCUSSION
The City 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 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
$100 000 00
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 Water and Sewer Fund Upon approval the unaudited available
cash balance of the Water and Sewer Fund will be $8 496 439 00 which is the amount available above the
minimum reserve cash balance of $37 227 484 80 required by the City's Financial Management Policy
Statements (i a 20 percent of the current year adopted budget expenditures less debt service and capital
projects)
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TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 531200 0601000 $25,000.00 PE45 531200 0601000 $25.000.00
GG01 539120 0905500 $25,000.00
Submitted for City Manager's Office bv. Karen Montgomery (6222)
Oriainating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
James A. Riddell (7614)
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