HomeMy WebLinkAboutOrdinance 19105-04-2010Ordinance No 19105-04-2010
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
PROSECUTION OF THE CITY'S LAWSUIT ENTITLED CITY OF FORT WORTH V
CRAWFORD FARMS INVESTORS LTD GLENN THURMAN, INC L.H LACY
COMPANY LTD AND BURNSCO CONSTRUCTION INC CAUSE NUMBER 96-
232719-08, 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 Crawford Farms
Investors, Ltd. Glenn Thurman, Inc. L. H Lacy Company Ltd and Burnsco Construction Inc. Cause No
96-232719-08
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ordinances and appropriations are hereby expressly repealed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
y/
Assistant City A# rney
ADOPTED AND EFFECTIVE. April 13, 2010
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION; Approved on 4/13/2010 -'Res. No. 3874-04-2010 8~ Ord. No. 19105-04-
2010
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DATE Tuesday April 13 2010 REFERENCE NO *G-16892
LOG NAME 12FS CRAWFORD FARMS INC2
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 Crawford Farms Investors Ltd Glenn Thurman Inc. L. H Lacy Company Ltd and Burnsco
Construction Inc. Cause No 96-232719-08 and Adopt Supplemental Appropriation Ordinance(COUNCIL
DISTRICT 2)
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution authorizing an increase of $25 000 00 to the maximum amount to be paid to
Whitaker Chalk, Swindle and Sawyer L.L.P for representing the City in the lawsuit entitled City of Fort
Worth v Crawford Farms Investors Ltd Glenn Thurman Inc. L. H Lacy Company Ltd and Burnsco
Construction Inc. and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $25 000 00 and decreasing the unreserved undesignated fund balance by the same amount.
DISCUSSION
By adopting M&C G-16544 on April 28 2009 the City ratified Whitaker Chalk, Swindle and Sawyer
L.L.P (Whitaker Chalk) filing of this lawsuit and authorized an initial $15 000 00 in funds to proceed with
the action M&C G-16767 approved on December 8 2009 increased the maximum payment to Whitaker
Chalk by $25 000 00 not to exceed a maximum of $40 000 00 It is the recommendation of the City
Attorney to authorize an additional sum of $25 000 00 not to exceed $65 000 00
The premature street failures are located in COUNCIL DISTRICT 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• 12FS CRAWFORD FARMS INC2 Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
2) 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: 12FS CRAWFORD FARMS INC2 Page 2 of 2