HomeMy WebLinkAboutResolution 4084-05-2012A Resolution
NO. 4084-05-2012
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE PAID TO
WHITAKER, CHALK, SWINDLE & SCHWARTZ, P.L.L.C., FOR ASSISTING
THE CITY WITH LEGAL MATTERS REGARDING THE LAWSUIT STYLED
CITY OF FORT WORTH V CRAWFORD FARMS INVESTORS, LTD., ET AL.,
CAUSE NO. 96-2327,19-08 WITH A FINAL ADDITIONAL SUM OF $45,000.00.
WHEREAS, on April 28, 2009, City Council approved M &C G- 16544, adopting a resolution
retaining Whitaker, Chalk, Swindle & Schwartz, P.L.L.C., 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
$15,000.00; 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, on December 7, 2010, City Council approved M &C G- 17128, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P. to
$80,000.00; and
WHEREAS, on January 12, 2012, City Council approved M &C G- 17505, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Schwartz, P.L.L.C., to $145,000.00.
WHEREAS, the current and final legal services concerning this lawsuit require a $45,000.00
increase to the total amount paid to Whitaker, Chalk, Swindle & Schwartz, P.L.L.C., thereby
establishing the maximum amount of $190,000.00.
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 & Schwartz,
P.L.L.C., for legal matters concerning the lawsuit entitled City of Fort Worth v. Crawford Farms
Investors, Ltd., et al., is hereby increased by $45,000.00 to an amount not to exceed $190,000.00.
Adopted this 1St day of May, 2012.
FORT _IT
i
Resolution No.
ATTEST:
By:
i
Mary J. Kayser, iticr*ar/-)
APPROVED AS TO FORM AND LEGALITY:
By:
Harvey L. Frye, Jr., Sr. Assis ant City Attorney
2 WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/1/2012 - Ordinance No. 20186 -05 -2012 & Resolution No.
4084 -05 -2012
DATE: Tuesday, May 01, 2012 REFERENCE NO.: * *G -17577
LOG NAME: 12FS CRAWFORD FARMS INC 4 -2012
SUBJECT:
Adopt Resolution Increasing the Maximum Amount to Be Paid to the Law Firm of Whitaker, Chalk, Swindle
and Schwartz, P.L.L.C., in the Amount of $45,000.00 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 Unassigned General Fund Balance by the Same Amount (COUNCIL
DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing an increase of $45,000.00 to the maximum amount to be paid
to Whitaker, Chalk, Swindle and Schwartz, P.L.L.C., 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 $45,000.00 and decreasing the unassigned fund balance by the same amount.
DISCUSSION:
On April 28, 2009, the City Council approved M &C G- 16544, ratifying the filing of the 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" by Whitaker, Chalk, Swindle and Sawyer, L.L.P.
(Whitaker Chalk) and authorized an initial $15,000.00 in funds to proceed with the action. Through
subsequent multiple Mayor and Council Communications approved from December 2009 through January
2012, the City Council authorized an increase in the maximum payments to Whitaker of $145,000.00.
(M &C G- 16767, M &C G- 16892, M &C G -17128 and M &C G- 17505).
Following mediation on March 6, 2012 that culminated in a settlement as previously authorized by the City
Council, it is the recommendation of the City Attorney and the City Manager' s Office that an additional
sum of $45,000.00 be authorized to pay for legal services rendered since January 2012 through the
conclusion of the lawsuit. This will be the last payment to outside counsel for City of Fort Worth v.
Crawford Farms Investors, Ltd., et al., Cause No. 96- 232719 -08.
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,
Logname: 12FS CRAWFORD FARMS INC 4 -2012 Page 1 of 2
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 unassigned 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
GG01 538110 0121000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$45,000.00
FROM Fund /Account/Centers
Fernando Costa (8476)
Sarah Fullenwider (8006)
Gerald Pruitt (7616)
Harvey Frye (8715)
Logname: 12FS CRAWFORD FARMS INC 4 -2012 Page 2 of 2