HomeMy WebLinkAboutResolution 3532-09-2007A Resolution
NO 3532-09-2007
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 TPW 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 $148 723 16
and
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 $50 000 not to exceed $200 000
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 $150 000 to an amount not to exceed $200 000
ADOPTED this 25th day of September, 2007
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istant City Attorney
APPROVED
CITY COUNCIL
SEP 2 ~ 2007
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City Secretarq of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
DATE Tuesday September 25 2007
LOG NAME 12WHITAKER
REFERENCE NO **G-15873
SUBJECT
Adopt Resolution Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker Chalk, Swindle & Sawyer LLP who is Assisting the City in Matters Concerning Water
Department and Transportation and Public Works Contracts and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution authorizing the maximum amount to be paid to Whitaker Chalk, Swindle & Sawyer
LLP ("Whitaker Chalk") who is assisting the City in matters concerning Water Department and
Transportation and Public Works contracts, 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
By adoption of M&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
M&C G-15680 adopted on April 17 2007 increased the authorized amount to $150 000 To date Whitaker
Chalk has billed the City $148 723 16 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 $50 000 to Whitaker Chalk for their services concerning those matters not to
exceed $200 000
Since the last increase counsel have been negotiating arbitration agreements with various contractors. This
M&C is to increase the amount to be paid to Whitaker Chalk for these matters and general construction
issues. Fees for litigation lawsuit costs will be addressed under a separate M&C
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 12WHITAKER Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 531200 0601000 $25,000.00
GG01 538110 0121000 $25.000.00
Submitted for City Manager's Office ~ Marc Ott (6122)
Originating Department Head David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Jimmy Riddell (7614)
Logname 12WHITAKER Page 2 of 2