HomeMy WebLinkAboutResolution 3531-09-2007A Resolution
NO 3531-09-2007
WHEREAS 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 Nos G-15239
and G-15680 Whitaker Chalk, Swindle & Sawyer LLP (Whitaker Chalk) has
been representing the City in Water Department and TPW matters including
claims made against entities regarding the premature failure of streets
WHEREAS Authorize the City Manager to make payment to Whitaker Chalk, in an amount
not to exceed $50 000 for its legal services to be and rendered in the lawsuit
styled City of Fort Worth v Arcadia Park, L.P and Site Concrete Inc Cause
No 153-222641-07
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 in an amount not to
exceed $50 000
ADOPTED~this 25th day of September, 2007
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Marty Hendrix 0~~'
C~ity~Secretary ~~~,
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APPROVED ASTO`FORM
aifrP cikxy
APPROVED
CITY COUNCIL
s istant City Attorney SEP 2 5 2007
City Secretary of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/25/2007 Res # 3531-09-2007 ~ Ord # 17784-09-2007
_....
DATE Tuesday September 25 2007
LOG NAME 12ARCADIA PARK REFERENCE NO **G-15872
SUBJECT
Adopt Resolution Authorizing Payment to Whitaker Chalk, Swindle & Sawyer LLP in the Maximum
Amount of $50 000 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 and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution authorizing the City Manager to make payment to Whitaker Chalk, Swindle & Sawyer
LLP (Whitaker Chalk) in the maximum amount of $50 000 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 and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by an additional $25 000 and decreasing the unreserved undesignated fund balance by the
same amount.
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 Nos G-15239 and G-15680 Whitaker Chalk has been
representing the City in Water Department and TPW matters, including claims made against entities
regarding the premature failure of streets. It is the opinion of the City Attorney that a sum not to exceed
$50 000 should be paid to Whitaker Chalk for services rendered in this suit.
In order to keep track of litigation expenses as opposed to contractual and claim expenses the City
Manager is requesting that the above litigation be funded as stated herein
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the funds are available in the current operating budgets, as appropriated
of the General Fund
The Finance Director further 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
Logname 12ARCADIA PARK Page 1 of 2
TO Fund/Account/Centers FROM Fund/AccountlCenters
PE45 531200 0601000 $25.000.00
GG01 538110 0121000 $25,000.00
Submitted for City Manager's Office b~ Marc Ott (6122)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
James Riddell (7614)
Logname 12ARCADIA PARK Page 2 of 2