HomeMy WebLinkAboutOrdinance 27504-02-2025Ordinance No. 27504-02-2025
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE ARPA CITY HALL MOVE PROJECT (CITY
PROJECT NO.103133) OF THE GENERAL CAPITAL PROJECTS FUND IN THE
AMOUNT OF $650,000.00, FROM AVAILABLE SETTLEMENT REVENUE, FOR
THE PURPOSE OF FUNDING RENOVATIONS; 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 2024-2025 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the ARPA
City Hall Move project (City Project No. 103133) of the General Capital Projects Fund in the amount
of $650,000.00, from available settlement revenue, for the purpose of funding renovations.
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 27107-09-2024 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provisions of said prior ordinances and appropriations are hereby expressly repealed.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: February 25, 2025
CITY SECRETARY
Jannette S. Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/25/25 M&C FILE NUMBER: M&C 25-0143
LOG NAME: 12BLUE SKY SETTLEMENT
SUBJECT
(ALL) Authorize Settlement and Acceptance of $650,000.00 for Full and Final Settlement of All Claims Related to the Pre -Suit Mediation Styled
The City of Fort Worth v. Blue Sky Surveying & Mapping Corporation and David R. Petree; Authorize Related Agreements and Releases; Adopt
Appropriation Ordinance; and Amend the Fiscal Years 2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize settlement and acceptance of $650,000.00 from Blue Sky Surveying & Mapping Corporation and Davd R. Petree for full and final
settlement of all claims related to the pre -suit mediation styled The City of Fort Worth v. Blue Sky Surveying & Mapping Corporation and
David R. Petree;
2. Authorize the appropriate City Personnel to execute all releases and agreements necessary to complete the settlement;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the ARPA City Hall Move Project (City
Project No. 103133) of the General Capital Projects Fund in the amount of $650,000.00, from available settlement revenue, for the
purpose of funding renovations on the 18th floor at New City Hall; and
4. Amend the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The City has made a claim against Blue Sky Surveying & Mapping Corporation and David R. Petree for the work that was performed on a survey
that the City relied on to purchase the Pier One building that would become New City Hall. Moreover, the City relied on the survey in its planning to
its detriment.
The City hired Cantey Hanger LLP to assist in this matter (Mayor and Council Communication 23-0249 and Resolution 5730-04-2023) in an effort
to recover funds and partially compensate the City for expenditures that were made as a result of the alleged surveying mistakes.
The parties mediated the matter on January 8, 2024. It is recommended that all issues related to the City's claims against Blue Sky Surveying &
Mapping. Corporation and David R. Petree be settled by accepting $650,000.00.
Approval of this Mayor and Council Communication authorizes the City Attorney's Office and City Manager's Office to enter into agreements and
releases consistent with this settlement.
The City intends to use the revenue from the settlement of $650,000.00 to renovate the 18th Floor at the New City Hall.
The additional funding was not included in the Fiscal Years 2025-2029 Capital Improvement Program (CIP) since it is due to a settlement and is
unplanned revenue. The action in this Mayor and Council Communication will amend the FY2025-2029 Capital improvement Program as
approved in connection with Ordinance 27107-09-2024 as follows:
Capital Fund
Project Name
Existing Appropriations
Authority
Additional
Project Total
Name
Appropriations
30100 —
103133—
$2,000,000.00
M&C 21-0905
$0.00
$2,000,000.00
General
ARPA City Hall
Capital
Move
Projects Fund
30100—
103133—
$1,098,189.95
M&C 23-0696
$0.00$3,098,189.95
General
ARPA City Hall
Capital
Move
Projects Fund
30100 —
103133-
$0.00
This M&C
$650,000.00
$3,748,189.95
General
ARPA City Hall
Capital
Move
Projects Fund
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATIO CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and execution of the settlement, funds will be deposited into
the General Capital Projects Fund for the ARPA City Hall Move project. The Property Management Department (and Financial Management
Services) is responsible for the collection and deposit of funds due to the City.
Submi ed for Cily Mana ees Office b : ALL AGMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additionai Information Contact: Leann Guzman 8973
Expedited