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HomeMy WebLinkAboutOrdinance 22106-03-2016 ORDINANCE NO.22106-03-2016 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL GAS LEASE CAPITAL PROJECT FUND IN THE AMOUNT OF $40,000.00 FROM AVAILABLE FUNDS, FOR THE PURPOSE OF USING OUTSIDE COUNSEL FOR ISSUES RELATED TO BANKRUPTCY;PROVIDING FOR A SEVERABILITY CLAUSE;MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITII; 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 2015-2016 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the General Gas Lease Capital Project Fund in the amount of$40,000.00, from available funds, for the purpose of using outside counsel for issues related to bankruptcy. 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. 21873-09-2015 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPRO AS TO FORM AND LEGALITY: Gerald Pruitt,Deputy City Attorney M 6ty J. e ,C6 Secretary ADOPTED AND EFFECTIVE:March 1,2016 Ordinance No.22106-03-2016 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 311/2016 - Ordinance No. 22105-03-2016, 22106-03-2016 &' Resolution No. 4602-03-2016 DATE: Tuesday, March 01, 2016 REFERENCE NO.: **C-27630 LOG NAME: 12BANKRUPTCY OUTSIDE ATTORNEY SUBJECT: Authorize Appropriation Ordinances for Transfer of Gas-Related Revenues and Adopt Resolution to Retain the Law Firm of Munsch Hardt Kopf& Harr, PC, as Outside Legal Counsel with Compensation Not to Exceed $40,000.00 for Issues Related to Bankruptcy (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the General Gas Lease Capital Project Fund in the amount of$40,000.00; authorize the transfer of $40,000.00 from the General Gas Lease Capital Project Fund to the General Fund; 2. Adopt the attached Supplemental Appropriation Ordinance increasing estimated receipts and appropriations in the General Fund in the amount of$40,000.00 for outside counsel fees; and 3. Adopt the attached resolution authorizing the employment of Munsch Hardt Kopf& Harr, PC, as outside counsel, in accordance with Chapter VI, Section 3 of the City Charter for legal services related to bankruptcy in an amount not to exceed $40,000.00. DISCUSSION: The City Attorney's Office has requested that the City retain E. Lee Miller of the law firm Munsch Hardt Kopf& Harr, PC, for legal services related to bankruptcy lessees regarding City-owned property. Mr. Miller has extensive experience representing municipalities in bankruptcy related issues. The City Manager and the City Attorney agree that, because of the extraordinary complexity of this area of law it is necessary to retain outside legal counsel with significant knowledge in bankruptcy to ensure that the City's interests are protected. Munsch Hardt Kopf& Harr, PC, has experience in a wide range of legal matters, including bankruptcy related issues and has agreed to advise the City. Chapter VI, Section 3 of the City Charter requires the City Council to approve the retention of any outside legal counsel for assistance to the City Attorney. Accordingly, it is recommended that the City Council adopt the attached resolution authorizing the retention of Munsch Hardt Kopf& Harr, PC, to advise the City on these issues. It is also recommended that the City Council authorize payment of up to $40,000.00 in counsel fees. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Fiscal Year 2016 Operating Budget, as appropriated, of the General Fund. Lo2name: 12BANKRUPTCY OUTSIDE ATTORNEY Pare 1 of 2 FUND IDENTIFIERS (FIDs1: TO Fund Department Accouni Project ProgramActivity Budget Reference # Amount ID ID Year Chartfield 2 330051 0214040 4623001 B60001 B60000 2016 $40,000.00 .330051 0214040 5900010 B60001 B60000 2016 $40,000.00 101001 0121000 4933005 $40000'00 101001 0121000 1 5320101 1 $40,000.00 FROM Fund Department Accouni Project ProgramActivity Budget Reference # Amount EI ID ID Year Chartfield 2 330051 0214040 5900010 B60001 B60000 2016 $40,000.00 101001 0121000 5320101 $40,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Sarah Fullenwider (7606) Additional Information Contact: Gerald Pruitt (7616) Loaname: 12BANKRIJPTCY OTTTSTDF, ATTORNEY PaaP ? of