HomeMy WebLinkAboutResolution 3990-06-2011A Resolution
NO. 3990-06-2011
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 $8,000.00
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, on December 7, 2010, City Council approved M &C G- 17127, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$220,000.00; and
WHEREAS, it is anticipated that additional legal services concerning said lawsuit will require a
$8,000.00 increase to the total amount paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., thereby
raising the maximum amount to $228,000.
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 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 $8,000 to an amount not to exceed $228,000.
Adopted this 7 1 day of June, 2011.
ORT WOM
Resolution No. 3990 -06 -2011
ATTEST:
By: M
Marty Hendrix, Ci Secretary
APPROVED AS TO FORM:
By: -
Harvey Frye, . Assist a City Attorney
W. aw "�:
I
APPROVED
CITY COUNCIL
JUN Q 7 2011
City secretary of the
City of Fort Worth, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2011 - Resolution No. 3990 -06 -2011 & Ordinance No.
19705 -06- 2011
DATE: Tuesday, June 07, 2011 REFERENCE NO.: * *G -17283
LOG NAME: 12ARCADIA PK 2011
SUBJECT:
Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law Firm of Whitaker, Swindle and
Sawyer, L.L.P., by $8,000.00 for Final Payment for the Prosecution of the City's Lawsuit Entitled City of
Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No. 222641 -07 and Adopt Supplemental
Appropriation Ordinance Decreasing the Unaudited, Unreserved, Undesignated General Fund Fund
Balance by the Same Amount
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $8,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount;
and
2. Adopt the attached Resolution authorizing an increase to the maximum amount to be paid to Whitaker,
Chalk, Swindle and Sawyer, L.L.P., by $8,000.00 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.
DISCUSSION:
On September 25, 2007, (M &C G- 15872) the City Council authorized the retention of Whitaker, Chalk,
Swindle & Sawyer, L.L.P., to serve as outside counsel in a lawsuit filed by the City against Arcadia Park,
L.P., and Site Concrete, Inc., for various premature street failures and appropriated an initial $50,000.00 in
funding for Whitaker, Chalk's legal services. Funding for this suit has incrementally increased from
$50,000.00 to $220,000.00 between 2007 and 2010. (M &C G- 16538; M &C G -16891 and M &C G- 17127).
It is the recommendation of the City Attorney and the City Manager that an additional $8,000.00 should be
paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for additional services rendered in this suit, for a total
authorized amount of $228,000.00.
These funds constitute final payment to outside counsel for work on this particular lawsuit.
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
Logname: 12ARCADIA PK 2011 Page 1 of 2
as outlined in the Financial Management Policy Statements.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
GG01 538110 0121000 $8,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Sarah Fullenwider (8006)
Additional Information Contact:
Gerald Pruitt (7616)
Harvey Frye (8715)
Logname: 12ARCADIA PK 2011 Page 2 of 2