HomeMy WebLinkAboutOrdinance 18933-12-2009Ordinance No. 18933-12-2009
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $10,000.00, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR LEGAL REPRESENTATION IN THE LAWSUIT ENTITLED CITY OF
FORT WORTH V. D,R. NORTON-TEXAS., LTD., AND SITE CONTRECTE INC.;
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 BYTHE 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 2009-2010 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 $10,000.00, and decreasing the unaudited, unreserved, undesignated
Fund balance by the same amount for legal representation in the lawsuit entitled City of Fort Worth v. D.R.
Hvrtvn-Texas, Ltd., and Slte Concrete, Inc.
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 na 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. 18809 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ordinances and appropriations are hereby expressly repealed.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:
c
A istant City Attorney
ADOPTED AND EFFECTIVE: December S~ 2009
City of Fort Worth, Texas
Mayor and Council Communication
,,
,. ~ ~. ., ,~,:., ,..:„ ~ a, ~~:~s.. ~ . ~~:~` , `S~r`::g;;~ : a~ ', ~ :Seakit~`a\~i.\a~,Ea~'~,~e.c~;,~wF~w ~.. ,,.., ate„ ~.,~~`~ a~.~Y~ ..~\\\, a~?r.. ~.a°rib`~,~~E~`,.~~~.'
• `\ ~ ~<' \
COUNI~ ACTION: ,Approved on 1 18~~4~~ - Rey. No. 38~ ~~ ~-~~Q~ ~ ord. No. ~ 893-~ ~-
~~a~
P,;..~?e~,'~>..~ac ,.x', ~~~.a~.~ ,~ ~r Ei?;Y,`~~C'~~u,"+a~l~,Sa~. r; ti,,~ o'~:~ ' ``?F{;?M~~~\:a:0. ~@ ~'~ i '~4` ~ ~~ a ~
.. ~ xi% < .. $Yi~'~~~ ~ .. S4•\,`Yi~~`~.~ ... "h\\~°31r`. °M;\~~} U,?> •iib~.: `E \iio-„ `%z ,"~.
.~:ti..
DATE: Tuesday, December 08, 2409 REFERENCE NO.: ~*G-16168
LOG NAME: 12FS HCRTaN 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. D.R. Horton-Texas., Ltd., and Site Concrete, fnc., in an Additional Sum of $10,000.00
and Adopt Supplemental Appropriation ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $10,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount; and
2. Adopt a resolution increasing the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer,
L.L.P., by $10,004.00 for representing the City in the lawsuit entitled City of Fort Worth v. D.R. Horton-
Texas, Ltd., and Site Concrete, Inc.
DISCUSSION:
By adopting M&C G-16545 on April 28, 2009, the City Council approved Whitaker, Chalk, Swindle and
Sawyer, L.L.P., Whitaker Chalk} 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 the Water Department and the 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
$10,000.00 to Whitaker Chalk for their services concerning these matters, not to exceed $25,000.00.
The premature street failures are located in COUNCIL DISTRICTS 2.
FISCAL INFORMATION l 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: 12FS HORT4N INCREASE Page 1 of 2
FUND CENTERS:
T~ FundlAccountlCenters
20001 538110 0121000
FROM FundlAccountlCenters
~~ otooo.oo GGo1 538110 0121000 10 000.00
CERTIFICATIONS:
Submitted- for City_Manager's Office by:
Originating_Department Head:
Additional Information Contact:
Fernando Costa (8476)
David Yett (7623)
Frank Crumb (8248)
Gerald Pruitt (7616)
Logname: 12FS H~RT~N INCREASE Page 2 of 2