STRATEGIC PRIORITY: Government Performance & Financial Management
AGENDA DATE: January 25, 2023
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney’s Office
EXECUTIVE: Christopher J. Caso
______________________________________________________________________
SUBJECT
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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 (This item was deferred on December 14, 2022)
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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.
On December 14, 2022, this item was deferred by Councilmember Chad West.
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