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HomeMy WebLinkAboutResolution 3938-12-2010 A Resolution NO. 3938-12-2010 A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE PAID TO WHITAKER, CHALK, SWINDLE & SAWYER, L.L.P., FOR ASSISTING THE CITY WITH LEGAL MATTERS REGARDING THE LAWSUIT STYLED CITY OF FORT WORTH V. CRAWFORD FARMS INVESTORS, LTD., ET AL., CAUSE NO. 96-232719-08 WITH AN ADDITIONAL SUM OF $15,000 WHEREAS, on April 28, 2009, City Council approved M&C G-16544, adopting a resolution retaining Whitaker, Chalk, Swindle & Sawyer, L.L.P., to provide the City legal services in matters concerning the Water Department and Transportation and Public Works contracts and representation of the City in litigation styled City of Fort Worth v. Crawford Farms Investors, Ltd. et al., in the amount of $15,000; and WHEREAS, on December 8, 2009, City Council approved M&C G-16767, adopting a resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P. to $40,000.00; and WHEREAS, on April 13, 2010, City Council approved M&C G-16892, adopting a resolution increasing the amount to be paid to Whitaker, Chalk, Swindle& Sawyer, L.L.P. to $65,000.00; and WHEREAS, it is anticipated that additional legal services concerning this lawsuit will require a $15,000 increase to the total amount paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., thereby establishing the maximum amount of$80,000. 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 matters concerning the lawsuit entitled City of Fort Worth v. Crawford Farms Investors, Ltd., et al., is hereby increased by$15,000 to an amount not to exceed $80,000. Adopted this 7`"day of December, 2010. APPROVED ATTEST: CITY COUNCIL By: DEC 0 7 2010 Marty Hendrix, Citq Secretary city Secretary of the APPROVED AS TO FORM: city of Fort worth,Texas By: /� i Harvey Frye;Sr. Assistant City Attorney RTH FORT WO City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved ©rt 12/712010 - Res. No. 3938.12=2010 & Ord. No. 19455.12- ; 2010r DATE: Tuesday, December 07, 2010 REFERENCE NO.: ""G-17128 LOG NAME: 12FS CRAWFORD FARMS INC 11-10 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 $15,000.00 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 Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt a resolution authorizing an increase of$15,000.00 to the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., 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 $15,000.00 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 to $25,000.00, not to exceed a maximum of $65,000.00. It is the recommendation of the City Attorney to authorize an additional sum of$15,000.00 not to exceed $80,000.00. 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 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, Logname: 12FS CRAWFORD FARMS INC 11-10 Page 1 of 2 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 $15,000.00 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: 12F CRAWFORD FARMS INC 11-10 Page 2 of 2