HomeMy WebLinkAboutOrdinance 19104-04-2010Ordinance No 19104-04-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $25 000 00 AND DECREASING THE
UNRESERVED UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE
PROSECUTION OF THE CITY'S LAWSUIT ENTITLED CITY OF FORT WORTH V
ARCADIA PARK, L.P AND SITE CONCRETE, INC CAUSE NUMBER 153-222641-07
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 2009-2010 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 unreserved, undesignated Fund balance by
the same amount for the prosecution of the City's lawsuit entitled City of Fort Worth v Arcadia Park, L.P
and Site Concrete, Inc. Cause No 153-222641-07
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 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ordinances and appropriations are hereby expressly repealed.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
Assistant Ci torney
ADOPTED AND EFFECTIVE. April 13, 2010
City of Fort Worth, Texas
Mayor and Council Communication
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~'000NCIL ACTION: Approved on 4/13/2010 -Res. No. 3873-04-201'0 8~ O"rd. No. 19104-04-
- 2010
DATE Tuesday April 13 2010 REFERENCE NO *G-16891
LOG NAME 12ARCADIA PK4
SUBJECT
Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law Firm of Whitaker Chalk,
Swindle and Sawyer L.L.P by $25 000 00 for the Prosecution of the City's Lawsuit Entitled City of Fort
Worth v Arcadia Park, L.P and Site Concrete Inc. Cause No 153-222641-07 and Adopt Supplemental
Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriations ordinance increasing appropriations in the General
Fund by $25 000 00 and decreasing the unreserved undesignated fund balance by the same amount;
and
2. 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 to represent the City in a lawsuit styled City of Fort Worth v
Arcadia Park, L.P and Site Concrete Inc. Cause No 153-222641-07
DISCUSSION
The City of Fort Worth through its outside counsel filed suit against Arcadia Park, L.P and Site
Concrete Inc. The matter was previously funded by M&C G-15873 approved on September 25 2007 in
the amount of $50 000 00 M&C G-16287 approved on September 30 2008 increased the authorized
amount to $100 000 00 and M&C G16538 authorized on April 21 2009 increased the amount to
$150 000 00 It is the recommendation of the City Attorney that an additional $25 000 00 should be paid to
Whitaker Chalk, Swindle and Sawyer L.L.P for additional services rendered in this suit, not to exceed
$175 000 00
The premature street failures are located in COUNCIL DISTRICT 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon the 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. 12ARCADIA PK4 Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 538110 0121000 $25,000.00 GG01 538110 0121000 $25,000,00
CERTIFICATIONS
Submitted for City Manager's Office b~ Fernando Costa (8476)
Originating Department Head. David Yett (7623)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12ARCADIA PK4 Page 2 of 2