HomeMy WebLinkAboutOrdinance 18934-12-2009Ordinance No. 18934-12-2009
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT 4F $50,000.00, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR LEGAL REPRESENTATION IN THE LAWSUIT ENTITLED CITY QF
FORT WORTH V. THE HEIGHTS OF PARK VISTA, LTD., AND MARIA SINACOLA AND
SONS EXCAVATING, INC.; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIQR ORDINANCES AND REPEALING ALL
PRIER ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT QRDAINED BY THE CITY COUNCIL QF THE CITY 4F 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 $50,000.00, and decreasing the unaudited, unreserved, undesignated
Fund balance by the same amount for legal representation in the lawsuit entitled City of Fort Worth v, The
Heights of Park Vista, Ltd., and Mario Sinacola and Sons Excavating,lnc.
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ordinances and appropriations are hereby expressly repealed.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 TQ FARM AND LEGALITY:
c
A stant City Attorney
ADOPTED AND EFFECTIVE: December 8,_2009
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION. A~~roved ~~ ~ 2181~~Q~ ~ Res. U~. 38~ ~-~ ~~2Da~ ~ ord. No. ~ 593-~ ~~
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DATE: Tuesday, December 08, 2009
LOG NAME: 12FS PARK VISTA INCREASE
SUBJECT:
REFERENCE NO.: *~G-16169
Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker, Chalk, Swindle and Sawyer, LLP, to Assist the City with Legal Matters in the Lawsuit Entitled City
of Fort Worth v. The Heights of Park Vista, Ltd., and Mario Sinacola and Sons Excavating, Inc., in an
Additional Sum of $50,000.00 and Adopt Supplemental Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution increasing the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer,
LLP, by $50,000.00 for representing the City in the lawsuit entitled City of Fort Worth v. The Heights of
Park Vista, Ltd., and Mario Sinacola and Sons Excavating, Inc.; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $50,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
DISCUSSION:
By adopting M&C G-16546 on April 28, 2009, the City Council approved Whitaker, Chalk, Swindle and
Sawyer, LLP, 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
$50,000.00 to Whitaker Chalk for their services concerning these matters, not to exceed $65,000.00.
The premature street failures are located in CaUNCIL DISTRICT 2.
FISCAL INFORMATION I 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 PARK VISTA INCREASE Page 1 of 2
FUND CENTERS:
TQ FundlAccountlCenters FRAM Fu.ndlAccountlCenters
2~GG01 538110 0121000 50 000.00 GG01 5381000 0121000 X501000.00
CERTIFICATIONS:
Submitted for Cit Mana er's office b : Fernando Costa X8416}
._.]~
originating Department Head:
Additional Information Contact:
Logname: 12FS PARK VISTA INCREASE
David Yett (7623)
Frank Crumb (8248)
Gerald Pruitt (7616)
Page 2 of 2