HomeMy WebLinkAboutResolution 3474-04-2007A Resolut><on
NO 3474-04-2007
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 7PW 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 $48 126 37
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 $100 000 beyond the current $50 000 will be needed for the legal services
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 $50 000 to an amount not to exceed $150 000
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ADOPTED this!~.f;,».1~7th day of April , 2007
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Marty Herndriz ~ ~ „,~~ ~ j
City Secretary`" -- ~`,''
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~rf~`rs .~.~~~4
APPR VED AS TO FORM
~~_
Deputy City Attorney
APPROV~O
CITI' COG~;~~.
~~~ 1 7 2007
~ ~~~
~ ,~
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Authorizing an Increase of the Maximum Amount to be Paid to the Law Firm of
Whitaker Chalk, Swindle & Sawyer LLP who is Assisting the City in Matters and Pending Lawsuits
Concerning Water Department and TPW Contracts and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Authorize the maximum amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P ("Whitaker
Chalk") be increased to $150 000 for their assistance to the City Attorney in matters concerning failed
streets, Water Department and TPW contracts concerning those streets and to represent the City in
litigation concerning such matters,
2. Adopt the attached resolution increasing an additional sum of $100 000 to be paid to Whitaker Chalk in
an amount not to exceed $150 000• and
3 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund
by $50 000 and Water and Sewer Fund by $50 000 and decreasing the unreserved designated fund
balance of the General Fund and Water and Sewer Fund by the same amount.
DISCUSSION
By adoption of M8~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
To date, Whitaker Chalk has billed the City $48 126 37 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 $100 000 to Whitaker Chalk for their services concerning those matters
not to exceed $150 000
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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 budget, as
appropriated of the General Fund and Water and Sewer Fund Upon approval the unaudited unreserved
undesignated General Fund fund balance will be $52 359 933 The amount available above the minimum
reserve fund balance of $46 845 951 required by the City's Financial Management Policy Statements (i e
10 percent of the current-year adopted budget expenditures less the annual transfer from the General Fund
to the Debt Service Fund) will be $5 513 982.
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