HomeMy WebLinkAboutOrdinance 20186-05-2012 Ordinance No. 20186-05-2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $45,000.00,
AND DECREASING THE UNASSIGNED FUND BALANCE BY THE SAME
AMOUNT, FOR THE PURPOSE OF INCREASING THE MAXIMUM AMOUNT PAID
TO WHITAKER, CHALK, SWINDLE AND SCHWARTZ, P.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., 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 $45,000.00, and decreasing the unassigned fund balance by the same
amount, for the purpose of increasing the maximum amount paid to Whitaker, Chalk, Swindle and
Schwartz, P.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 Burnscp Construction, Inc.
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.19911-09-2011 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of said prior ordinances and appropriations are hereby expressly repealed.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 Ott Atto/ry y
ADUP"I ED .AND I.11TC-111,1": May 1, 2012
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/1/2012 - Ordinance No, 20186-05-2012 & Resolution, No.:
4084-05-2012
DATE: Tuesday, May 01, 2012 REFERENCE NO.: **G-17577
LOG NAME: 12FS CRAWFORD FARMS INC 4-2012
SUBJECT:
Adopt Resolution Increasing the Maximum Amount to Be Paid to the Law Firm of Whitaker, Chalk, Swindle
and Schwartz, P.L.L.C., in the Amount of$45,000.00 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 Supplemental Appropriation Ordinance in
the General Fund and Decreasing the Unassigned General Fund Balance by the Same Amount (COUNCIL
DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing an increase of$45,000.00 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 $45,000.00 and decreasing the unassigned fund balance by the same amount.
DISCUSSION:
On April 28, 2009, the City Council approved M&C G-16544, ratifying the filing of 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" by Whitaker, Chalk, Swindle and Sawyer, L.L.P.
(Whitaker Chalk) and authorized an initial $15,000.00 in funds to proceed with the action. Through
subsequent multiple Mayor and Council Communications approved from December 2009 through January
2012, the City Council authorized an increase in the maximum payments to Whitaker of$145,000.00.
(M&C G-16767, M&C G-16892, M&C G-17128 and M&C G-17505).
Following mediation on March 6, 2012 that culminated in a settlement as previously authorized by the City
Council, it is the recommendation of the City Attorney and the City Manager' s Office that an additional
sum of$45,000.00 be authorized to pay for legal services rendered since January 2012 through the
conclusion of the lawsuit. This will be the last payment to outside counsel for City of Fort Worth v.
Crawford Farms Investors, Ltd., et al., Cause No. 96-232719-08.
The premature street failures are located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
Logname: 12FS CRAWFORD FARMS INC 4-2012 Page 1 of 2
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 unassigned fund balance of
the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy
Statements.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 538110 0121000 $45,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Sarah Fullenwider (8006)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12FS CRAWFORD FARMS INC 4-2012 Page 2 of 2