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File #: 22-2657    Version: 1 Name:
Type: CONSENT AGENDA Status: Deferred
File created: 11/3/2022 In control: City Attorney's Office
On agenda: 12/14/2022 Final action:
Title: Authorize Supplemental Agreement No. 2 to the professional services contract with Messer, Fort & McDonald, PLLC to provide additional legal services related to appeals and defense of the Board of Adjustment in connection with Cause No. DC-22-03741; David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres "Andrew" Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, and Cause No. DC-22-05679; Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company - Not to exceed $200,000.00, from $100,000.00 to $300,000.00 - Financing: Liability Reserve Fund
Indexes: 300
Attachments: 1. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY:                     Government Performance & Financial Management

AGENDA DATE:                     December 14, 2022

COUNCIL DISTRICT(S):                     N/A

DEPARTMENT:                     City Attorney’s Office

EXECUTIVE:                     Christopher J. Caso

______________________________________________________________________

SUBJECT

 

title

Authorize Supplemental Agreement No. 2 to the professional services contract with Messer, Fort & McDonald, PLLC to provide additional legal services related to appeals and defense of the Board of Adjustment in connection with Cause No. DC-22-03741; David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, and Cause No. DC-22-05679; Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company - Not to exceed $200,000.00, from $100,000.00 to $300,000.00 - Financing:   Liability Reserve Fund

 

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BACKGROUND

 

Supplemental Agreement No. 2 will authorize Messer, Fort & McDonald, PLLC to provide additional legal services related to appeals and defense of the Board of Adjustment in connection with Cause No. DC-22-03741; David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, and Cause No. DC-22-05679; Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

A confidential memorandum regarding this matter will be provided to the City Council on December 9, 2022.

 

 

 

 

FISCAL INFORMATION

 

Fund

FY 2023

FY 2024

Future Years

Liability Reserve Fund

$200,000.00

$0.00

$0.00

 

Original Contract                     $  50,000.00

Supplemental Agreement No. 1                                           $  50,000.00

Supplemental Agreement No. 2 (this action)                     $200,000.00

 

Total                                                                                                                                                   $300,000.00

 

OWNER

 

Messer, Fort & McDonald, PLLC

 

Andy Messer, Partner

Julie Fort, Partner

Brenda McDonald, Partner