HomeMy WebLinkAboutOrdinance 20051-01-2012Ordinance No. 20051 -01 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $65,000.00,
AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND
BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING LEGAL
ASSISTANCE IN THE LAWSUIT ENTITLED CITY OF FORT WORTH V.
CRAWFORD FARMS INVESTORS, LTD., GLENN THURMAN, INC., L.H. LACY
COMPANY, LTD., AND BURNSCO CONSTRUCTION, INC., CAUSE NO. 96- 232719-
08; 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 2011 -2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of $65,000.00, and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose of funding legal assistance in the lawsuit entitled City of Fort
Worth v. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L.H. Lacy Company, Ltd., and Burnsco
Construction, Inc., Cause No. 96- 232719 -08.
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. 19911 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ordinances and appropriations are hereby expressly repealed.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:
Assistant qty Attomey
ADOI)TI'D AND 1I_FFF(JIVF: January 24 2012
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2012 - Ordinance No. 20051 -01` -2012 & Resolution
No 4057 -01- 2012
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DATE: Tuesday, January 24, 2012 REFERENCE NO.: * *G -17505
LOG NAME: 12FS CRAWFORD FARMS INC 12 -2011
SUBJECT:
Adopt Resolution Increasing the Maximum Amount to Be Paid to the Law Firm of Whitaker, Chalk, Swindle
and Schwartz, P.L.L.C., by $65,000.00 for the Prosecution of the City's Lawsuit Entitled City of Fort Worth
v. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy Company, Ltd., and Burnsco
Construction, Inc., Cause No. 96- 232719 -08 and Adopt Appropriation Ordinance in the General Fund and
Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount (COUNCIL
DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt resolution authorizing an increase of $65,000.00 to the maximum amount to be paid to Whitaker,
Chalk, Swindle and Schwartz, P.L.L.C., for representing the City in the lawsuit entitled City of Fort Worth
v. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy Company, Ltd., and Burnsco
Construction, Inc.; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $65,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
DISCUSSION:
By adopting M &C G -16544 on April 28, 2009, the City ratified Whitaker, Chalk, Swindle and Sawyer,
L.L.P., (Whitaker Chalk) filing of this lawsuit and authorized an initial $15,000.00 in funds to proceed with
the action. M &C G- 16767, approved on December 8, 2009, increased the maximum payment to Whitaker
Chalk by $25,000.00 not to exceed a maximum of $40,000.00. M &C G- 16892, approved on April 13,
2010, increased the maximum payment to Whitaker Chalk by $25,000.00, not to exceed a maximum of
$65,000.00. M &C G- 17128, approved on December 7, 2010, increased the maximum payment to
Whitaker Chalk by $15,000.00, not to exceed a maximum of $80,000.00. It is the recommendation of the
City Attorney and the City Manager's Office that an additional sum of $65,000.00, not to exceed
$145,000.00, be authorized to pay for legal services rendered from September 2011 through December
31, 2011 in the amount of $55,000.00. The additional $10,000.00 is a request to cover anticipated legal
fees in preparation of the upcoming trial set for March 2012. The City Attorney's Office will use in -house
attorneys where possible to mitigate outside counsel fees.
If this matter cannot be settled and goes to trial, it is anticipated that additional funds will be needed in the
future.The premature street failures are located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
Logname: 12FS CRAWFORD FARMS INC 12-2011 Page 1 of 2
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 General Fund. Upon approval, the unaudited, unreserved,
undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the
Financial Management Policy Statements.
FUND CENTERS:
TO F u nd/Accou nt/C enters
GG01 538110 0121000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$65,000.00
FROM Fund /Account/Centers
Fernando Costa (8476)
Sarah Fullenwider (8006)
Gerald Pruitt (7616)
Harvey Frye (8715)
Logname: 12FS CRAWFORD FARMS INC 12 -2011 Page 2 of 2