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HomeMy WebLinkAboutOrdinance 11076-s~ ~~ ~ ORDINANCE NO ~1D~ AN ORDINANCE APPROPRIATING $30,000 00 TO THE GENERAL FUND AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF RETAINING OUTSIDE LEGAL COUNSEL IN THE CASE OF CITY OF FORT WORTH VS CITY OF DALLAS, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR ENGROSSMENT AND ENROLLMENT, 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 the Fiscal Year 1991-92 and in the Budget of the City Manager, there shall also be increased appropriations in the General Fund in the amount of $30,000 00, thereby decreasing the unrestricted, undesignated Fund Balance by the same amount, for the purpose of retaining outside legal counsel in the case of City of Fort Worth vs. City of Dallas. SECTION 2 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 10892 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed a~~~c~ ~~~~~ @~~7 ~~~~~~g~~ •a ~! ------------- .. SECTION 4 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date into the minutes of the City Council and by filing this ordinance in the ordinance records of the City of Fort Worth. SECTION 5 a This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY. cD 1--~-v City Attorney Date. ~ ~ Z ~ ~' Z Adopted ~f''~C.~ ~`' ~~ Effective. Q~~~~~~~ ~~~~~ CITY ~~~~~RY ; FY. ~NO~i~l, T~~. +'. -'- • "~! ,. MkSYER FIC£•I' ACCOUNTING 2 ~ U City of Fort worth, Texas 7RANSPURTnT ON ~U13 l~.W~~~T~~ ' ~ R Ad MIN or ar~d Cou~;cil C'armmunicati~~n M~1'ER AOMINI , MP.kAGEM7pNT _ M NA u ,v e D ''M' I. 04/21/92 REFERENCE NUMBER G-9625 LO NAME 12KELTNE PAGE 1 of 1 SUBJECT EMPLOYMENT OF OUTSIDE LEGAL COUNSEL IN CASE OF CITY OF FORT WORTH VS. CITY OF DALLAS' _ RECOMMENUATI(~!I: Y-_.It is"r€commended that the City Council: 1. Retain David Keltner and the law firm of Haynes and Boone as outside counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the City in the case of City of Fort Worth v. City of Dallas, and 2. Adopt the attached reso]ution fixing in advance, as far as practicable, the sum to be paid Haynes and Boone for their services in an amount not to exceed $30,000, and 3. Adopt the attached supplemental appropriations ordinance increasing. the General Fund appropriation by $30,000 and decreasing the General Fund unreserved, undesig- nated fund balance by the same amount. DISCUSSION: On April 9, 1992, the City of Fort Worth sued the City of Dallas in the 348th District Court of Tarrant County in Cause No. 348-1414-30-92. The suit seeks a declaratory judgment that certain proposals by the City of Dallas to change the Wright Amendment violate the 1968 contract and agreement between Fort Worth and Dallas and the 1968 DFW Airport Concurrent Bond Ordinance. Because this matter is of extraordinary importance, it is the opinion of the City Attorney that outside legal counsel, with knowledge and expertise in matters involving complex civil litigation, be retained to assist the City Attorney in representing the City in this case and to advise the City on related matters. David Keltner and the firm of Haynes and Boone are well recognized for their knowledge and expertise in such matters. The firm has agreed to assist the City Attorney in this matter and to consult with the City. The firm's governmental rate is $150 per hour. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that, upon approval of Recommendation 3, sufficient funds for this expenditure will be available in the current operating budget of the General Fund. WA:w ' Su fitted for City Manager's FUND ACCOUNT CENTER AMOUNT R RY Office by to CITY COUNCIL 2 0905512 000 0 30 y; GGO1 5391 0 , Charles Boswel 1 x511 dopte~l Ordinance Noe J ~ Originating Department Head APR 21 1992 ; ted Resolution N o 1J d Adki 7623 p oe a e ns from ~ GGO1 539120 09055 '30,,00.0 0 ,~J '1 ~~ q~ For A tional Information ~,'~~~~ ContdCt: .~ ~ City Secreiczy of the Wade Adkins 7623 ~ ~~ 1i~°~ City of Fozi ~IJozch, TexaA F~ . ~~aR~~ ~~~~ ~~ Printed on recyGed paper