Summary: During the 18 July 2023 Special Council Meeting, the council unanimously voted to file suit against Halff and Associates for a portion of their effort in the Willow Park / Hudson Oaks Fort Worth Water Project. During Halff's design process, they underestimated costs by about $6.5M.
Latest Update: Thursday, 06 July, 2023
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Council votes to sue designer of Fort Worth Water Project
After meeting at least five (5) times in Executive Session* over the last fourteen (14) months about status of negotiations and potential litigation with Halff and Associates (HA), the citizens of Willow Park finally learned the details of the city’s legal pursuit.
Willow Park Civics Blogs > 27 June 2023 Council Meeting; 13 April 2023 Council Meeting; 28 November 2022 Special Council Meeting; 15 November 2022 Council Meeting; 12 April 2022 Council Meeting
During the 18 July 2023 Special Council Meeting, the council unanimously voted “to reject any settlement offers from Halff and Associates on the litigation and authorize the city attorney to file suit.”
Halff and Associates designed the water lines and pump station (El Chico water tank) that are now bringing Fort Worth water to Willow Park and Hudson Oaks. HA's design had originally estimated costs of $13.4M for Willow Park.
• During the 12 November 2019 Council Meeting, the city issued debt of $13.8M through Texas Water Development Board "... issuance and sale of “City of Willow Park, Texas, Combination Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2019” including the adoption of an ordinance authorizing the issuance of such certificates in an amount not to exceed $13,770,000 to finance the costs of paying contractual obligations to be incurred (i) for constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving municipal water system property or facilities, including land and rights-of-way therefor and, and (ii) to pay professional services rendered in relation to such projects and the financing thereof."
• Willow Park Civics Blog > Water for Willow Park, A New Beginning, 27 April 2023
However, during the 10 November 2020 Council Meeting, Halff and Associates gave a lengthy presentation on the history of the Fort Worth Water Project and explained how the costs of the Project increased about 33%, from $13.4M to $19.9M forcing Willow Park to take out additional debt of $6.5M. Willow Park issued the $6.5M debt during that same Council Meeting Agenda Item 2.
• Willow Park Civics Blog > 10 November 2020 Council Meeting provides detailed transcript, notes, and link to council meeting video.
Why the large increase in Fort Worth Water Project cost?
In the 2018 cost estimate, no engineering had been preformed, and “it’s as the job progresses we are able to nail down the exact cost." The biggest change was the "evolution" of the El Chico pump station. Ben McGahey of HA indicated, Halff and Association was “committed to working through this issue with Willow Park and Hudson Oaks.” [WPC note, at no time during the 10 November 2020 Council Meeting did HA mention any HA error in the design of the Project or any HA responsibility for the increased Project costs.] 10 November 2020 Council Meeting
Willow Park Civics will update as the law suit progresses.
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Willow Park Research
• Willow Park Civics > City Services > Water
• Council votes to sue water tank designer, [18 July 2023 Council review] The Community News, 19 July 2023
By Randy Keck The Community News
Willow Park Civics Blog > 18 July 2023 Council Review by The Community News. Council votes to sue water tank designer
• WP issuing notice of $6.5 million funding increase in water project [in .pdf], Weatherford Democrat, 11 November 2020
• *Executive Session is the closed portion of a legislative open meeting "in which minutes are taken separately or not at all, outsiders are not present, and the contents of the discussion are treated as confidential (see in camera). In a deliberative assembly, an executive session has come to mean that the proceedings are secret and members could be punished for violating the secrecy." Robert's rules of order newly revised