HomeMy WebLinkAboutOrdinance 19455-12-2012 Ordinance No. 19455-12-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $15,000.00, 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. CRAWFORD FARMS INVESTORS, LTD., GLENN
THURMAN, INC., L.H. LACY COMPANY, LTD., AND BURNSCO CONSTRUCTION INC.,
CAUSE NUMBER 96-232719-08; 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$15,000.00, 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. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy Company, Ltd., and Burnsco
Construction, Inc., Cause No. 96-232719-08.
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ordinances and appropriations are hereby expressly repealed.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:
A sitant C� ity-Attorney
ADOPTED AND EFFECTIVE: December 7, 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/712010 - Res. No. 3938-12-2010 &Card: No. 18455w12-
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: ""G-17128
LOG NAME: 12FS CRAWFORD FARMS INC 11-10
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 $15,000.00 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 Unaudited, Unreserved, Undesignated Fund Balance by the Same
Amount(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution authorizing an increase of$15,000.00 to the maximum amount to be paid to
Whitaker, Chalk, Swindle and Sawyer, L.L.P., 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 $15,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
DISCUSSION:
By adopting M&C G-16544 on April 28, 2009, the City ratified Whitaker, Chalk, Swindle and Sawyer,
L.L.P., (Whitaker Chalk)filing of this lawsuit and authorized an initial $15,000.00 in funds to proceed with
the action. M&C G-16767, approved on December 8, 2009, increased the maximum payment to Whitaker
Chalk by $25,000.00 not to exceed a maximum of$40,000.00. M&C G-16892, approved on April 13,
2010, increased the maximum payment to Whitaker Chalk to $25,000.00, not to exceed a maximum of
$65,000.00. It is the recommendation of the City Attorney to authorize an additional sum of$15,000.00
not to exceed $80,000.00.
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 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,
Logname: 12FS CRAWFORD FARMS INC 11-10 Page 1 of 2
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 $15,000.00
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)
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