HomeMy WebLinkAboutResolution 3937-12-2010 A Resolution
NO. 3937-12-2010
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. ARCADIA PARK, L.P., AND SITE
CONCRETE, INC., CAUSE NO. 153-222641-07 BY $45,000.00
WHEREAS, on September 25, 2007, City Council approved M&C G-15872, adopting a
resolution retaining Whitaker, Chalk, Swindle & Sawyer, L.L.P., to provide the City legal services
related to the lawsuit styled City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No.
153-222641-07 in the amount of$50,000.00; and
WHEREAS, on September 30, 2008, City Council approved M&C G-16287, adopting a
resolution increasing to total amount paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$100,000.00; and
WHEREAS, on April 21, 2009, City Council approved M&C G-16538, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle& Sawyer, L.L.P., to $150,000.00; and
WHEREAS, on April 13, 2010, City Council approved M&C G-16891, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $175,000.00; and
WHEREAS, it is anticipated that additional legal services concerning said lawsuit will require a
$45,000.00 increase to the total amount paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., thereby
raising the maximum amount to $220,000.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Worth,
Texas,THAT:
The maximum amount authorized to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for
legal services concerning the lawsuit styled City of Fort Worth v. Arcadia Park, L.P., and Site Concrete,
Inc., Cause No. 153-222641-07 is hereby increased by $45,000.00 to an amount not to exceed
$220,000.00.
Adopted this 7th day of December, 2010.
APPROVED
ATTEST. CITY COUNCIL
By: y� DEC 7 2010
Marty Hendrix, City cretary C
V
City Secretary of the
City of Fort Worth,Texas
ORT WO T
Resolution No. 3937-12-2010
APPROVED AS TO FORM:
By: _
Harvey Frye,'Sf�Assistant Ci Attorney
FORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL,ACTION: Approved on 1217/201a - Res. No. 3937-12-2010 & Ord. No. 19454-12.
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: **G-17127
LOG NAME: 12ARCADIA PK 5
SUBJECT:
Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law Firm of Whitaker, Chalk,
Swindle and Sawyer, L.L.P., by $45,000.00 for the Prosecution of the City's Lawsuit Entitled City of Fort
Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No. 153-222641-07 and Adopt Supplemental
Appropriation Ordinance and Decreasing the Unaudited, Unreserved, Undesignated General Fund
Fund Balance by the Same Amount(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution authorizing an increase to the maximum amount to be paid to Whitaker, Chalk,
Swindle and Sawyer, L.L.P., by $45,000.00 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; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $45,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
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 by M&C G-15872, approved on September 25, 2007, in
the amount of$50,000.00, M&C G-16287, approved on September 30, 2008, increased the authorized
amount to $100,000.00, and M&C G-16538, authorized on April 21, 2009, increased the amount to
$150,000.00. M&C G-16891, approved on April 13, 2010, increased the authorized amount to
$175,000.00. It is the recommendation of the City Attorney that an additional $45,000.00 should be paid
to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for additional services rendered in this suit, not to exceed
$220,000.00.
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:
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
as outlined in the Financial Management Policy Statements.
Logname: 12ARCADIA PK 5 Page I of 2
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: David Yett (7623)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12ARCADIA PK 5 Page 2 of 2