HomeMy WebLinkAboutOrdinance 17784-09-2007Ordinance No. 17784-09-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE WATER AND
SEWER FUND IN THE AMOUNT OF $25,000 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT,
FOR THE PURPOSE OF FUNDING THE AMOUNT TO BE PAID TO WHITAKER,
CHALK, SWINDLE & SAWYER , L.L.P. FOR REPRESENTING THE CITY IN A
LAWSUIT STYLED: CITY OF FORT WORTH V. ARCADIA PARK, L. P. AND SITE
CONCRETE, INC.; 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 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 2006-
2007 in the Budget of the City Manager, there shall also be increased appropriations in the Water
and Sewer Fund in the amount of $25,000 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose funding the amount to be paid to Whitaker, Chalk,
Swindle & Sawyer, L.L.P. for representing the City in a lawsuit styled: City of Fort Worth v. Arcadia
Park, L.P. and Site Concrete, 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. 17142 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
A PROVED AS TO FORM AND LEGALITY:
istant City Attorne
ADOPTED AND EFFECTIVE: September 25. 2007
Cifjr of ~o~ ~/orth9 Texas
Mayor and Council Communication
,T
COUNCIL ACTION: Approved on 9/25/2007 -Res. # 3531-09-2007 & Ord. # 17784-09-2007
_... .. _ T _ _ ~._~T T
DATE: Tuesday, September 25, 2007
LOG NAME: 12ARCADIA PARK REFERENCE NO.: **G-15872
SUBJECT:
Adopt Resolution Authorizing Payment to Whitaker, Chalk, Swindle & Sawyer, LLP, in the Maximum
Amount of $50,000 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 Adopt Appropriation Ordinance
C -.~- w.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution authorizing the City Manager to make payment to Whitaker Chalk, Swindle & Sawyer
LLP, (Whitaker Chalk) in the maximum amount of $50,000 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 appropriations in the Water and
Sewer Fund by an additional $25,000 and decreasing the unreserved, undesignated fund balance by the
same amount.
DISCUSSION:
The .City, through its outside counsel, filed suit against Arcadia Park, L.P. and Site Concrete, Inc. The
matter was previously funded out of M&C Nos. G-15239 and G-15680. Whitaker Chalk has been
representing the City in Water Department and TPW matters, including claims made against entities
regarding the premature failure of streets. It is the opinion of the City Attorney that a sum not to exceed
$50,000 should be paid to Whitaker Chalk for services rendered in this suit.
In order to keep track of litigation expenses as opposed to contractual and claim expenses, the City
Manager is requesting that the above litigation be funded as stated herein.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the funds are available in the current operating budgets, as appropriated,
of the General Fund.
The Finance Director further 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 Water and Sewer Fund.
Logname: 12ARCADIA PARK Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
PE45 531200 0601000 $25,000.00
GG01 538110 0121000 $25.000.00
Submitted for City Manager's Office b~ Marc Ott (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
James Riddell (7614)
Logname: I2ARCADIA PARK Page 2 of 2