HomeMy WebLinkAboutOrdinance 18309-09-2008Ordinance No. 18309-09-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER AND SEWER FUND BY $25,000.00 AND
DECREASING THE UNRESERVED, DESIGNATED FUND BALANCE BY THE
SAME AMOUNT FOR THE PURPOSE OF AUTHORIZING AN INCREASE IN
PAYMENT TO WHITAKER, CHALK, SWINDLE & SAWYER, LLP, 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;
PROVIDING FOR SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
That in addition to those amounts allocated to the various City departmenfis for Fiscal Year 2007-
2008 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Water and Sewer Fund by $25,000 and decreasing the unreserved,
designated fund balance by the same amount far the purpose of authorizing an increase in payment
to Whitaker, Chalk, Swindle & Sawyer, LLP, 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.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
i/~
As 'Cant City Attorney
ADOPTED AND EFFECTIVE: September 30, 2008
DATE: Tuesday, September 30, 2008
LOG NAME: 12ARCADIA PK2 REFERENCE NO.: **G-16287
SUBJECT:
Adopt Resolution Authorizing Increase in Payment to Whitaker, Chalk, Swindle and Sawyer, LLP, by
$50,000.00 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 the attached supplemental appropriation ordinance increasing appropriations in the Water
and Sewer Fund by $25,000.00 and decreasing the unreserved, undesignated fund balance by the same
amount; and
2. Adopt a resolution authorizing the City Manager to increase payment to Whitaker Chalk, Swindle and
Sawyer, LLP, by $50,000.00 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. This lawsuit concerns allegations of improper
trench compaction which led to premature street failure in the Arcadia Park subdivision.
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 G-15873, approved on September 25, 2007, in the amount of
$50,000.00. It is the recommendation of the City Attorney that an additional $50,000.00 should be paid to
Whitaker, Chalk, Swindle and Sawyer, LLP, for additional services rendered in this suit, not to exceed
$100, 000.00.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services 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 Water and Sewer Fund. Upon approval, the unaudited available
cash balance of the Water and Sewer Fund will be $8,496,439.00 which is the amount available above the
minimum reserve cash balance of $37,227,484.80 required by the City's Financial Management Policy
Statements (i.e., 20 percent of the current-year adopted budget expenditures less debt service and capital
projects).
Lognarne: 12ARCADIA PK2
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TO Fund/Account/Centers
PE45 531200 0601000
FROM Fund/i4ccount/Centers
$25,000.00 PE45 531200 0601000 $25.000.00
GG01 539120 0905500 $25,000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Karen Montgomery (6222)
David Yett (7623)
Gerald Pruitt (7616)
James A. Riddell (7614)
Logname: 12ARCADIA PK2
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