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HomeMy WebLinkAboutOrdinance 19453-12-2010 Ordinance No. 19453-12-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $45,000.00, AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING LEGAL ASSISTANCE IN THE LAWSUIT ENTITLED CITY OF FORT WORTH V. D.R. HORTON-TEXAS, LTD., AND SITE CONCRETE, INC; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL 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 2010-2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the General Fund in the amount of$45,000.00, and decreasing the unaudited, unreserved, undesignated fund balance by the same amount, for the purpose of funding legal assistance in the lawsuit entitled City of Fort Worth v. D.R. Horton-Texas, Ltd., 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.19355 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ' ADOPTED AND EFFECTIVE: December 7, 2010 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 121712010` - Res, No. 3936-12.2010 &'©rd. No. 19453-11. 2010:, DATE: Tuesday, December 07, 2010 REFERENCE NO.: **G-17126 LOG NAME: 12FS HORTON INCREASE 11-10 SUBJECT: Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with Legal Matters in the Lawsuit Entitled City of Fort Worth v. D.R. Horton-Texas., Ltd., and Site Concrete, Inc., in an Additional Sum of$45,000.00 and Adopt Supplemental Appropriation Ordinance and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of the General Fund by the Same Amount(COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt a resolution increasing the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., by $45,000.00 for representing the City in the lawsuit entitled City of Fort Worth v. D.R. Horton- Texas, Ltd., and Site Concrete, Inc.; and 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund by $45,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount. DISCUSSION: By adopting M&C G-16545 on April 28, 2009, the City Council approved Whitaker, Chalk, Swindle and Sawyer, L.L.P., (Whitaker Chalk) to assist the City in litigation concerning premature street failures and authorized payment to Whitaker Chalk in an amount not to exceed $15,000.00. By adopting M&C G- 16768 on December 8, 2009, the City Council increased the maximum payment to Whitaker Chalk by $10,000.00, not to exceed a maximum of$25,000.00. M&C G-16904, adopted on April 27, 2010, increased the maximum payment to Whitaker Chalk by $25,000.00, not to exceed $50,000.00. Various matters concerning the Water Department and the Transportation and Public Works Department(TPW) contracts and representation of the City in this litigation are still pending. Because of the extraordinary importance of the issues raised, it is the recommendation of the City Attorney to authorize an additional sum of$45,000.00 to Whitaker Chalk for their services concerning these matters, not to exceed $95,000.00. 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: Logname: 12FS HORTON INCREASE 11-10 Page 1 of 2 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, 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 $45,000.00 CERTIFICATIONS: Submitted for City Manager's Office by- Fernando Costa (8476) David Yett (7623) Originating Department Head: Frank Crumb (8248) Gerald Pruitt (7616) Additional Information Contact: Harvey Frye (8715) Logname: 12FS HORTON INCREASE 11-10 Page 2 of 2