HomeMy WebLinkAboutResolution 3469-04-2007A Resolution
NO 3469-04-2007
A Resolution for the Employment of Whitaker, Chalk, Swindle and Sawyer, L L P as
Outside Legal Counsel in Copyright Issues for Environmental Management
WHEREAS, the City of Fort Worth periodically requires legal advice
regarding the copyrighting of creations and work products of the City
WHEREAS, a specific need has arisen to protect the City's interest in the various
curriculum, characters and slogans created by the Department of
Environmental Management such as Captain Crud and the Cruddies m
their educational efforts, and
WHEREAS, the law firm of Whitaker Chalk, Swindle & Sawyer L.L.P has expertise
in the field of copyright law•
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,
1
That the engagement of Whitaker Chalk, Swindle & Sawyer L.L.P as outside legal
counsel be confirmed pursuant to Chapter VI, Section 3 of the City Charter m order to provide
legal consultation to the City Attorney's Office concermng the copyrighting of educational
materials.
2.
That the City be authorized to compensate Whitaker Chalk, Swindle & Sawyer L.L.P m
an amount not -to- exceed an amount of $1,300
APPROVED
"~' CITY COUNCIL
Adopted this ~ 3.ra~"~~d'ay of April , 2007 APR 3 2007
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1VIarty Hendr ,. ~ T of the
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City Secretary ~' ±i =" City of Fort Woxth, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/3/2007 Resolution No 3469-04-2007
DATE Tuesday Apri103 2007
LOG NAME 12COPYRIGHTENVI REFERENCE NO **G-15658
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Attorney to hire Charles Gunter with the law firm of Whitaker Chalk, Swindle and
Sawyer L.L.P as outside counsel pursuant to Chapter VI Section 3 of the City Charter in order to provide
legal consultation to the City Attorney's Office concerning the copyrighting of educational materials and
2. Adopt the attached resolution designating in advance as far as practicable that the amount to be paid
to Whitaker Chalk, Swindle and Sawyer will not exceed $1 300
DISCUSSION
On March 23 2004 the City Council authorized the City Attorney to retain the services of Charles Gunter
with the law firm of Whitaker Chalk, Swindle and Sawyer L.L.P to provide legal services concerning the
copyrighting of Educational Materials for the Department of Environmental Management (M&C G-14306)
The Department of Environmental Management's Education Division has developed numerous unique
education materials. The materials are used by numerous schools districts, other municipalities and
ancillary organizations. The Department has begun to observe an increase use of this material in an
unauthorized or un-credited format.
The City was successful in receiving copyright for most of its character images known as Captain Crud the
Cruddies and the Buddies. However issues remain unresolved with regards to Pestie and Van Goo two of
these characters which the U S Patent and Trademark Office is requesting the City address before issuing
an official copyright.
The City Attorney's office recommends engaging Charles Gunter with the law firm of Whitaker Chalk,
Swindle and Sawyer L.L.P as outside legal counsel for their specialty in copyright law to resolve this
matter and any other remaining copyright issues authorized by M8~C G-14306
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget, as appropriated of
the Environmental Management Fund
Logname• 12COPYRIGHTENVI Page 1 of 2
TO Fund/Account/Centers FROM Fund/AccountlCenters
R103 539120 0524105 1 300.00
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head. David Yett (7623)
Additional Information Contact: Christa Lopez (8984)
Brian Boerner (8085)
Logname 12COPYRIGHTENVI Page 2 of 2