HomeMy WebLinkAboutResolution 4497-08-2015 A Resolution
NO. 4497-08-2015
TO INCREASE THEAMOUNTTO BE PAID TO JOHN ALLEN'
CHALK, SR., AND THE LAW FIRM WHITAKER CHALK
SWINDLE & SCHWAR'FZ, PLLC, AS OUTSIDE COUNSEL FOR
THE MULTIPURPOSE ARENA AND SUPPORT
FACILITIES PROJIKCT
WHEREAS, In November 2014, the Fort Worth citizenry approved funding for the
Multipurpose Arena and Support Facilities Project in. the Cultural. District;
WHEREAS, the Multipurpose Arena and Support Facilities Project requires the
City to acquire property through eminent domain;
WHEREAS, the City, on March 17, 201.5 hired John Allen Chalk, Sr., and the law
firm of Whitaker Chalk Swindle & Schwartz, PI.I.A7, as outside counsel to obtain
property necessary for the Multipurpose Arena and Support Facilities Project;
WHEREAS, to date, the cost of legal services by John Allen Chalk, Sr., and the
law firm of Whitaker Chalk Swindle & Schwartz, PLLC, as outside counsel. in the
Multipurpose Arena and Support Facilities Project has been approximately $50,000.00;
and
WHEREAS, the subject acquisition is still pending and it is estimated that an
additional amount of appri'.)xiinately $100,000.00 beyond the current authorized
$50,000.00 will be needed for the legal services, and consulting services, necessary to
bring this project to a successful conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the compensation authorized to be paid to John Allen Chalk., Sr., and the law
firm of Whitaker Chalk Swindle & Schwartz, PLLC, as outside counsel. in the
Multipurpose Arena and Support Facilities Project is hereby increased from $50,000.00
to an amount not to exceed $150,000.00.
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Adopted this 4.'h day of A s p —0 0 4 00
2015.
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By: Ott
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Mary Ka Amy Secretary
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City h, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 8/4/2015 - Resolution No. 4457-08-2016
DATE: Tuesday, August 04, 2015 REFERENCE NO.: **C-27401
LOG NAME: 12WHITAKERCHALKAMEND
SUBJECT:
Adopt Resolution Authorizing an Increase in the Total Amount to be Paid to John Allen Chalk, Sr., and the
Law Firm Whitaker Chalk Swindle & Schwartz, PLLC, to Include Consulting Fees, as Outside Counsel for
Legal Matters Related to the Multipurpose Arena and Support Facilities Project and Authorizing Injunction
Lawsuit Against Bodycote Thermal Processing, Inc.„ (Bodycote) for the Limited Purposes of Environmental
Testing and Evaluating Bodycote's Plant and Equipment (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution authorizing an increase in amount 100,000.00 to the maximum
amount to be paid John Allen Chalk, Sr.„ and the Law Firm of Whitaker Chalk Swindle & Schwartz,
PLLC, as outside legal counsel for legal services related to the ultipurpose Arena and Support Facilities
Project, for a total amount of$150,000.00; and
2. Authorize the it Attorney and its outside counsel„ John Allen Chalk, Sr., and the Law Firm of
Whitaker Chalk Swindle & Schwartz, PLLC„ to file a lawsuit seeking to enjoin Bodycote to allow the City
entrance to its property for the purpose of environmental testing and evaluating the facility for appraisal
purposes.
DISCUSSION:
On March 17„ 2015, ( &C C-27222 and Resolution No. 4426-00-2015) the City Council approved John
Allen Chalk, Sr., and the Firm of itaker Chalk Swindle & Schwartz, PLLC, as legal counsel to
assist the City of ort Worth in the Multipurpose Arena and Support Facilities Project and appropriated the
amount of$50,000.00 for that purpose..
The City requires the Bodycote property for the Multipurpose Arena and Support Facilities Project.. Staff
has n working with Bodycote since January of this year on a mutually agreeable settlement for the
acquisition and relocation of Bodycote facility. In order to properly appraise the property„ the City
needs to perform environmental testing and to evaluate Bodycote's plant and equipment for appraisal
purposes. To date, Bodycote has not granted such access. Due to the demands of the project and the
projected schedule, it is necessary to sue Bodycote to allow entrance for the limited purposes of
environmental testing and evaluating Bodycote's plant and equipment, To support this effort, Staff is
recommending an increase in the scope of services of o n Allen Chalk„ Sr, and the Law Firm
Whitaker Chalk Swindle & Schwartz, PLLC, and to also include consulting services, which has required an
increase in the maximum of compensation for the firm to a total amount of 150,000.00.
Adoption oft this esolution will increase the amount of compensation to i John Allen Chalk, Sr.,
and the Law Firm of itaker Chalk Swindle & Schwartz, PLLC, 100„000.00 for a total amount of
150,000.00.
Log-name: 12wfti,rA:KF,,.R(;IIAL,. I tEl°3:C Page 1 of
This expenditure will be part of the $225 million commitment by the City of Fort Worth to the Multi-Purpose
Arena and is ultimately intended to be funded through Project Finance Zone No. 1..
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that, upon approval of the above recommendations,
funds will be available in the current operating budget of the Culture and Tourism Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccountfCenters
GG04 531200 Q240050
...........
CERTIFICATIONS:
Submifted for Qfty Manager's Office by: Susan Alanis (81 80)
Originating Department Head: Christopher B. Mosley (7603)
Additional Information Contact: Teresa Johnson (7604)
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I gname: 12VMITAK-ERCHALKAMEND Page 2 of 2