HomeMy WebLinkAboutResolution 3936-12-2010 A Resolution
NO. 3936-12-2010
INCREASING THE MAXIMUM AMOUNT TO BE PAID TO WHITAKER, CHALK,
SWINDLE & SAWYER, L.L.P., FOR ASSISTING THE CITY WITH LEGAL ISSUES
REGARDING THE LAWSUIT STYLED CITY OF FORT WORTH V. D. R. HORTON-
TEXAS LTD. AND SITE CONCRETE, INC., CAUSE NO. 017-231717-08 BY
$45,000.00
WHEREAS, the City has identified premature street failures in certain neighborhoods
following the construction of streets; and
WHEREAS, on June 20, 2006 City Council approved M&C G-15239 to retain outside
counsel Whitaker, Chalk, Swindle & Sawyer, L. L. P.; and
WHEREAS, it has become necessary for the City to engage in litigation regarding the
premature failure of the streets against contractors D. R. Horton-Texas Ltd. and Site
Concrete, Inc., and
WHEREAS, on April 28, 2009 City Council approved M&C G-16545 authorizing
$15,000.00 to be paid to Whitaker, Chalk, Swindle & Sawyer, L. L. P.; and
WHEREAS, on December 8, 2009 City Council approved M&C G-16768 increasing
the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L. L. P. by $10,000.00; and
WHEREAS, on April 27, 2010 City Council approved M&C G-16904 increasing the
amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L. L. P. by $25,000.00; and
WHEREAS, it is anticipated that additional legal services concerning this lawsuit
will require a $45,000.00 increase to the total amount paid to Whitaker, Chalk, Swindle &
Sawyer, LLP, thereby establishing the maximum amount of $95,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
The maximum amount authorized to be paid to Whitaker, Chalk, Swindle & Sawyer,
L.L.P. for legal services concerning D. R. Horton-Texas Ltd. and Site Concrete, Inc. is hereby
increased by $45,000.00 an amount not to exceed $95,000.00.
Adopted this 7`h day of December, 2010.
FoRTWORTH
ATTEST:
By: 9 -- Vt,,X _ . ---
APPROVED
Marty Hendrix, City Secretary CITY COUNCIL
APPROVED AS TO FORM: DEC U 7 2010
By: City secretmy of the
Harvey Frye, r. Assistant City Attorney City of Fort Wodk Texas
FoRTWORTH
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 121712010 • Res. No'. 3936.12-2010 & Ord. No. 191453-12.
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: **G-17126
LOG NAME: 12FS HORTON INCREASE 11-10
SUBJECT:
Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with Legal Matters in the Lawsuit Entitled
City of Fort Worth v. D.R. Horton-Texas., Ltd., and Site Concrete, Inc., in an Additional Sum of$45,000.00
and Adopt Supplemental Appropriation Ordinance and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance of the General Fund by the Same Amount(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution increasing the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer,
L.L.P., by $45,000.00 for representing the City in the lawsuit entitled City of Fort Worth v. D.R. Horton-
Texas, Ltd., and Site Concrete, Inc.; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $45,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
DISCUSSION:
By adopting M&C G-16545 on April 28, 2009, the City Council approved Whitaker, Chalk, Swindle and
Sawyer, L.L.P., (Whitaker Chalk) to assist the City in litigation concerning premature street failures and
authorized payment to Whitaker Chalk in an amount not to exceed $15,000.00. By adopting M&C G-
16768 on December 8, 2009, the City Council increased the maximum payment to Whitaker Chalk by
$10,000.00, not to exceed a maximum of$25,000.00. M&C G-16904, adopted on April 27, 2010,
increased the maximum payment to Whitaker Chalk by $25,000.00, not to exceed $50,000.00. Various
matters concerning the Water Department and the Transportation and Public Works Department(TPW)
contracts and representation of the City in this litigation are still pending. Because of the extraordinary
importance of the issues raised, it is the recommendation of the City Attorney to authorize an additional
sum of$45,000.00 to Whitaker Chalk for their services concerning these matters, not to exceed
$95,000.00.
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 HORTON INCREASE 11-10 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 Fund/Account/Centers FROM Fund/Account/Centers
GG01 538110 0121000 $45.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8476)
David Yett (7623)
Originating Department Head: Frank Crumb (8248)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12FS HORTON INCREASE 11-10 Page 2 of 2