HomeMy WebLinkAboutOrdinance 19454-12-2010 Ordinance No. 19454-12-2010
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
STYLED CITY OF FORT WORTH V. ARCADIA PARK, L.P. AND SITE CONCRETE, INC.
CAUSE NUMBER 153-222641-07; 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 styled City of Fort
Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No. 153-222641-07.
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ordinances and appropriations are hereby expressly repealed.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:
J
Assistant City A torney
ADOPTED AND EFFECTIVE: December 7, 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 1217/2010 - Res. No..3937-12-2010& Ord. No. 194544
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: **G-17127
LOG NAME: 12ARCADIA PK 5
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 $45,000.00 for the Prosecution of the City's Lawsuit Entitled City of Fort
Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No. 153-222641-07 and Adopt Supplemental
Appropriation Ordinance and Decreasing the Unaudited, Unreserved, Undesignated General Fund
Fund Balance by the Same Amount(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution authorizing an increase to the maximum amount to be paid to Whitaker, Chalk,
Swindle and Sawyer, L.L.P., by $45,000.00 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; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $45,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
DISCUSSION:
The City of Fort Worth, through its outside counsel, filed suit against Arcadia Park, L.P., and Site
Concrete, Inc. The matter was previously funded by M&C G-15872, approved on September 25, 2007, in
the amount of$50,000.00, M&C G-16287, approved on September 30, 2008, increased the authorized
amount to $100,000.00, and M&C G-16538, authorized on April 21, 2009, increased the amount to
$150,000.00. M&C G-16891, approved on April 13, 2010, increased the authorized amount to
$175,000.00. It is the recommendation of the City Attorney that an additional $45,000.00 should be paid
to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for additional services rendered in this suit, not to exceed
$220,000.00.
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 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
as outlined in the Financial Management Policy Statements.
Logname: 12ARCADIA PK 5 Page 1 of 2
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)
Originating Department Head: David Yett (7623)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12ARCADIA PK 5 Page 2 of 2