HomeMy WebLinkAboutResolution 3458-02-2007A RESOLUTION
NO 3458-02 2007
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH V
SITE CONCRETE, INC. AND ARCADIA PARK, L.P FILED IN THE
TARRANT COUNTY DISTRICT COURT BY OUTSIDE COUNSEL
WHITAKER CHALK SWINDLE & SAWYER, L. L. P
WHEREAS, the Ctty has identified street failures in certain neighborhoods following the
construction of streets, and
WHEREAS, on June 20 2006 City Council approved Resolution 3368-06-2006 to retain outside
counsel Whitaker Chalk Swindle & Sawyer L. L. P and
WHEREAS, rt has become necessary for the City to engage m litigation regarding the
failure of the streets against contractor Srte Concrete, Inc and developer Arcadia Park, L.P
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, THAT
1 Whitaker Chalk, Swindle & Sawyer L. L P is authorized to effect
necessary legal action against Site Concrete, Inc and Arcadia Park, L.P
regarding failed streets.
2. The filing of the lawsuit against Site Concrete, Inc and Arcadia Park, L.P
rs hereby ratified.
PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas, on the 20`t'
day of" Februa~'r~, 2007
~' ~^`" ~ ~ ~` APPROVED
ATTEST ~ __.,. '~ '~
~# ~ r ~~`~ CITY GQURCIL
;;~ ~; .~
M{ : l y ~
~' ~ ~~ ~- FEB 2 0 2007
y~1VIarty Hendrix, • __Secretary ~ ~~
°~,. '~ ;."'' City Secretary of the
r, ~~;;,! ~,~ ~ ,~,,,~,~„~ty of Fori Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 2/20/2007 Resolution No 3458-02 2007
DATE Tuesday February 20 2007
LOG NAME 12SITECONCRETE REFERENCE NO G 15614
SUBJECT
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth v Site Concrete Inc and
Arcadia Park, L.P filed in Tarrant County District Court
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth v Site Concrete, Inc. and Arcadia Park, L.P
DISCUSSION
The City retained Whitaker Chalk as outside counsel to represent the City in litigation if necessary
concerning street failures It is the opinion of the City and Whitaker Chalk that legal action is necessary
against Site Concrete Inc. and Arcadia Park, L.P regarding the failure of a number of streets
Due to time constraints Whitaker Chalk had to file suit to prevent a potential waiver of some of the City's
rights.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material affect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by. Marc Ott (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Gerald Pruitt (7617)
Jimmy Riddell (7614)
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