HomeMy WebLinkAboutOrdinance 8591
ORDINANCE NO ~'s~
AN ORDINANCE APPROPRIATING ADDITIONAL REVENUE
OF THE CITY OF FORT WORTH IN THE AMOUNT OF
$10,000 FROM THE FUND BALANCE OF THE GENERAL
FUND TO ACCOUNT NO 90-55-00 FOR THE PURPOSE
OF PAYING PEPPER, HAMILTON AND SCHEETZ FOR
SERVICES TO BE RENDERED BY SUCH FIRM IN ASSIST-
ING THE CITY ATTORNEY IN REPRESENTING THE CITY
OF FORT WORTH ON MATTERS PERTAINING TO THE
PURCHASE OF THE CHICAGO ROCK. ISLAND AND PACIFTC
RAILROAD COMPANY RAIL CORRIDOR BETWEEN FORT
WORTH AND DALLAS; PROVIDING FOR A SEVERABILITY
CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
TEXAS
t
c~~mTnrT l
That the City Manager of the City of Fort Worth is hereby
authorized to appropriate $10,000 from the fund balance of the
General Fund and to transfer it to Account No 90-55-00 for the
purpose of paying the law firm of Pepper, Hamilton and Scheetz
the maximum sum of $10,000 for services to be rendered by such
firm in assisting the City Attorney in representing the City of
Fort Worth on matters pertaining to the purchase of the Chicago
Rock Island and Pacific Railroad Company rail corridor between
Fort Worth and Dallas That Pepper, Hamilton and Scheetz shall
be paid at an hourly rate of $150, the cost of such services to
be shared on a 50/50 basis by the Cities of Fort Worth and Dallas
c~nmrnnT ~
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 ordinancte shall be cumulative of Ordinance No 8391
s
and all other ordinance's and appropriations amending the same
prM
except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropria-
tions in which instances said conflicting provisions are hereby
expressly repealed
SECTION 4
That 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
City Attorney
ADOPTED
EFFECTIVE
~.
A.~ City of Fort Worth, texas
J~Ia or anal Counc2l Communicaction
y
,,pl1rE _~ w~E~c~ suaiect Retaining Special Counsel -~c,~
~,~~ ~~~~{rQ€ ]1 NUMBER
__~_.~.,~,.~_ 6/22/82 C-6388 ~ ~ 1
'f'~l;~31~tlt~tttt "1E1`t~"'Cif~y-Council has been given periodic updates concerning negotiations between
the Cities of Fort Worth and Dallas and the Trustee of the Chicago Rock Island
~ and Pacific-Railroad Company regarding the possible purchase of the rail
corridor that connects the two cities
_ ._ -Based upon the progress of these complex negotiations the City Attorneys of
---- ~-tlie two-Cities believe that it is appropriate and necessary to retain outside
--- legal_c~.unsel to provide assistance on several legal issues The legal ques-
bons---3nvo-lved in the negotiations are very technical and require counsel with
_.. n-i-gn-~ski1I's and experience to protect the interests of the two Cities as the
__ --- --n~gotiations_ proceed It is further believed by tre City Attorneys that the
--~---~-"- ru enc_y__o-f several of the issues involved makes this an emergency and a matter
~, o~ex.trao-r-di-nary importance Members of the staffs of both Cities have met
~_ _ w3-th--members~"of the law firm of Pepper Hamilton and Scheetz in Washington D C
~. -a-fi-i.gh`1y rejected and technically competent firm in railroad law Pursuant
- - to_ this meet~,ng the City Attorneys recommend that this firm be retained by the
Cities to-$-ssist in this matter
_.._-,- --~-h-e-~t~ney who will take the lead role in representing the Cities with respect
------ fo"~"`legal_,,.q~.x.estions on this matter is Mr John DePodesta Mr DePodesta is a
'-`~~"~~~ -past Gene-r-al Counsel of Conrail and served in the capacity as Counsel in charge
,_.,.. of-.-the-reorgahization of the Penn Central Railroad He has recently represented
--~~--the-interests'of other railroads with the Trustee of the Rock Island The
`standard hourly rate to retain a partner of the firm of Pepper Hamilton and
"Scheetz is $150 per hour The two Cities would share this cost on a 50/50 basis
As this need was not. anticipated in the 1981-82 Annual Budget it will be neces-
sary to appropriate funds from the Fund Balance of the General Fund
Recommendation
It is recommended that
1) The City Council authorize the City Manager to retain the law firm
of Pepper Hamilton and Scheetz to assist the City Attorney in
representing the City on matters pertaining to the purchase of the
rail corridor between Fort Worth and Dallas and
.r. Y
~, DATE NUMBER CE sue~ECT Retaining Special Counsel PAGE
6/22/82 C-6388 2 0+ 2
2) That the City Council adopt the attached supplemental
appropriation ordinance appropriating $10 000 from the
Fund Balance of the General Fund to Account 90-55-00
Consultant Fe es to provide funding for the City's 50
percent share of the Cities' cost of outside legal
Counsel
DAI ms
APPROVED BY
CITY COI~NCIL
~lUN 22 1982
Cu rAxAGEFS
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OEPARTYEM HE AD Wade Adkins uTY ~~~~,
FOR ADDITIONAL
CONTACT INFORMATION
Wade Adkins
ext 7600 ~~
DATE