HomeMy WebLinkAboutOrdinance 18569-04-2009Ordinance No. 1$569-04-2009
INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER
AND SEWER FUND (N THE AMOUNT OF 550,000.00, AND DEGREASING THE
UNAUDITED, UNRESERVED, UNDEStGNATED CASH BALANCE BY THE
SAME AMOUNT, FOR THE PURPOSE OF ADOPTING A RESOLUTION TO
AUTHORIZE AN INCREASE IN PAYMENT TO WHITAKER, CHALK. SWINDLE
AND SAWYER, LLP, TO REPRESENT THE CITY IN A LAWSUIT STYLED: CITY
OF FORT WORTH V. ARCADIA PARK, LP., AND SITE CONCRETE, INC.,
CAUSE NUMBER 153-222641-07; PROVIDING FOR A SEVERABILITY CLAUSE:
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE GITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments far Fiscal Year 2008-
2009 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in Water and Sewer Fund in the amount of $50,000.00 and decreasing the
unaudited, unreserved, undesignated cash balance by the same amount, for the purpose of
adopting a resolution to authorize an increase in payment to Whitaker, Ghalk, Swindle and Sawyer,
LLP, to represent the City in a lawsuit styled: City of Fort Worth v. Arcadia Park, L.P., and Site
Concrete, Inc., Cause Number 153-222641-07.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative ar 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. 18283 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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
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Cify of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Apprav~ad on 4/2112009 - f2~s. No. 3725-04-SOBS ~ t?rd. Nes. ']#3589-04-
2009
DATE: Tuesday, April 21, 2009 REFERENCE NO.: "G-16538
LOG NAME: 12ARCAOIA Pt43
SUBJECT:
Adopt a Resolution Authorizing the Increase in Payment to Whitaker, Chalk, Swindle and Sawyer, LLP, by
$50,000.40 to Represent the City in a Lawsuit Styled: City of Fort Worth v. Arcadia Park, L.P., and Site
Concrete, Inc.. Cause No. 153-222641-47 and Adopt Supplemental 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 $54,000.00 and decreasing the unaudited, unreserved, undesignated cash 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 and inadequate construction which led to premature street failures in the Arcadia Park
subdivision.
DISCUSSION:
The City of Fort Worth, 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 $50,040.00 and M8G G-16287.. approved on September 30, 2008, increased the
authorized amount to $100,040.00. tt is the recommendation of the City Attorney that an additional
$50,000.00 should be paid to Whitaker, Chalk, Swindle and Sawyer, LLP, for additiona! services rendered
in this suit, not to exceed $150,404.40.
FISCAL INFORMATION t CERTtFICATION:
The Financial k~tar?agemea~t Services t~irectar certifies that upon the approval of the above
(r~G'3?v;F`.?era~lat3r);?~ ::IE"3d aaot?tix>r} C?t ttk£? ztt?.t..h('.x"t S.it t~lE'mF.; r3t."3 app t7t:tile-}t!5~!. Gi?7t?aP`t'~' tie !kY`.~ 'vf..~Bted
zbzv,eSe4~ved. ~.if?#.'~f. :Cjr4ate~ {,slit', ba~art~s a'sf itle ''x v'at£'.r al"3d Sewer F.st:t: =°4'3iI eX.r:Ec"'fS `!'tf: ti?in}e~t,Ei'.'1 re.Sf,'F*JE''.
ilS "vS.illne{i iri the f ~nett'i3~1 ~v'lanatjt-:meriT P.aIG'y'~aitiite'T7??P,#S..
FUND CENTERS:
TC7 FundlAccourltfCenters
CERT'IFtCATtONS'
FROM Ftafld/AccounttC~nte~s
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t.«gname: i'Altt':1L7LA P14~ t'aae t i>f'
Submitted far City Manager's Office by;
Originating department Head:
Additional Information Contact:
Fernando Costa {8476}
David Yett (7623}
Gerald Pruitt {7616}
Jimmy Riddell (7614)
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