HomeMy WebLinkAboutOrdinance 19123-04-2010Ordinance No 19123-04-2010
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 D R.
HORTON-TEXAS LTD AND SITE CONCRETE, 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 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 D R. Horton-Texas,
Ltd and Site 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 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ordinances and appropriations are hereby expressly repealed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 City orney
ADOPTED AND EFFECTIVE. April 27, 2010
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: `Approved'on 4/27/2010 -Res: No. 3878-04-2010 $ Ord. No. 19123-04-
21310
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DATE Tuesday April 27 2010 REFERENCE NO ""`G-16904
LOG NAME 12FS HORTON INCREASE2
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 Inc. in an Additional Sum of $25 000 00
and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION
It is recommended that the City Council
1 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; and
2. Adopt a resolution increasing 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 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 By adopting M&C G-
16768 on December 8 2009 the City Council increased the maximum payment to Whitaker Chalk by
$10 000 00 not to exceed a maximum of $25 000 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 $25 000 00 to Whitaker Chalk for
their services concerning these matters not to exceed $50 000 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 unaudited unreserved
undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the
Financial Management Policy Statements
Logname: 12FS HORTON INCREASE2 Page 1 of 2
I
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 538110 0121000 $25,000.00
CERTIFICATIONS
Submitted for City Manager's Office bv: Fernando Costa (8476)
David Yett (7623)
Originating Department Head. Frank Crumb (8248)
Harvey Frye (8715)
Additional Information Contact: Gerald Pruitt (7616)
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