HomeMy WebLinkAboutOrdinance 19705-06-2011Ordinance No. 19705-06-2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $8,000.00, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR THE PURPOSE OF FUNDING LEGAL ASSISTANCE IN THE LAWSUIT
STYLED CITY OF FORT WORTH V. ARCADIA PARK, L.P. AND SITE CONCRETE, INC.
CAUSE NUMBER 153-222641-07; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
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 departments for Fiscal Year 2010-2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of $8,000.00, and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose of funding legal assistance in the 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.19355 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ordinances and appropriations are hereby expressly repealed.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~_
Assistant City"Attorney ~ -
ADOPTED AND EFFECTIVE: June 7. 2011
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 6/7/2011 -Resolution No. 3990-06-2011 8~ Ordinance No.
19705-06-2011
DATE: Tuesday, June 07, 2011 REFERENCE NO.: *"G-17283
LOG NAME: 12ARCADIA PK 2011
SUBJECT:
Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law Firm of Whitaker, Swindle and
Sawyer, L.L.P., by $8,000.00 for Final Payment for the Prosecution of the City's Lawsuit Entitled City of
Fort Worth v. Arcadia Park, L. P., and Site Concrete, Inc., Cause No. 222641-07 and Adopt Supplemental
Appropriation Ordinance Decreasing the Unaudited, Unreserved, Undesignated General Fund Fund
Balance by the Same Amount
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $8,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount;
and
2. Adopt the attached Resolution authorizing an increase to the maximum amount to be paid to Whitaker,
Chalk, Swindle and Sawyer, L.L.P., by $8,000.00 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.
DISCUSSION:
On September 25, 2007, (M&C G-15872) the City Council authorized the retention of Whitaker, Chalk,
Swindle & Sawyer, L.L.P., to serve as outside counsel in a lawsuit filed by the City against Arcadia Park,
L. P., and Site Concrete, Inc., for various premature street failures and appropriated an initial $50,000.00 in
funding for Whitaker, Chalk's legal services. Funding for this suit has incrementally increased from
$50,000.00 to $220,000.00 between 2007 and 2010. (M&C G-16538; M&C G-16891 and M&C G-17127).
It is the recommendation of the City Attorney and the City Manager that an additional $8,000.00 should be
paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for additional services rendered in this suit, for a total
authorized amount of $228,000.00.
These funds constitute final payment to outside counsel for work on this particular lawsuit.
The premature street failures are located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon the 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. Upon approval, the
unaudited, unreserved, undesignated fund balance of the General Fund will exceed the minimum reserve
Logname: 12ARCADIA PK 2011 Page 1 of 2
as outlined in the Financial Management Policy Statements.
FUND CENTERS:
TO Fund/Account/Centers
GG01 538110 0121000
FROM Fund/Account/Centers
8 000.00
CERTIFICATIONS:
Submitted for City Manager's Office bv•
Originating Department Head•
Additional Information Contact•
Fernando Costa (8476)
Sarah Fullenwider (8006)
Gerald Pruitt (7616)
Harvey Frye (8715)
Logname: 12ARCADIA PK 2011 Page 2 of 2