HomeMy WebLinkAboutOrdinance 18932-12-2009Ordinance No. 18932-12-2009
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT CF $25,000.40, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR LEGAL REPRESENTATION IN THE LAWSUIT ENTITLED CITY GF
FORT WORTH V. CRAWFORD FARMS INVESTORS, LTD., ET AL.; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR 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 2449-2010 and
in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in
the General Fund in the amount of $25,000.00, and decreasing the unaudited, unreserved, undesignated
Fund balance by the same amount for legal representation in the lawsuit entitled City of Fort Worth v,
Crawford Farms Investors, Ltd., et al.
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.18809and 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ordinances and appropriations are hereby expressly repealed.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:
C
sistant City Attorney
ADOPTED AND EFFECTIVE: December 8, 2009
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, December 08, 2009 REFERENCE NO.: **G-16161
LOG NAME: 12FS CRAWFQRD FARMS INCREASE
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. Crawford Farms Investors, Ltd., et al, in an Additional Sum of $25,000.00 and Adopt
Supplemental Appropriation Qrdinance
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 $25,000.00 for representing the City in the lawsuit entitled City of Fort
Worth v. Crawford Farms Investors, Ltd., et al; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $25,000.00 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 Council approved Whitaker, Chalk, Swindle and
Sawyer, L.L.P., Whitaker Chalky 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. Various matters
concerning Water Department and Transportation and Public Works Department ~TPW~ contracts and
representation of the City in this litigation is 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 $25,000.00
to Whitaker Chalk for their services concerning these matters, not to exceed $40,000.00.
The premature street failures are located in COUNCIL DISTRICTS 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 unreserved, undesignated
fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial
Management Policy Statements.
Logname: I2FS CRAWFQRD FARMS INCREASE Page I of Z
FUND CENTERS:
To FundlAccountlCenters FROM FundlAccountlCenters
2~ GG01 538110 0121000 25 000.00 GGO1 538110 0121000
l`GDTICIr`ATI~IAIC•
Submitted for City Manager's office b~:
originating Department Head:
Additional Information Contact:
Fernando Costa (8476)
~25~000.00
Frank Crumb (8248)
David Yett (7623)
Gerald Pruitt (7616)
Logname: 12FS CRAWF~RD FARMS INCREASE Page 2 of 2