HomeMy WebLinkAboutResolution 3887-06-2010A Resolution
NO 3887-06-2010
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE PAID TO KELLY,
HART AND HALLMAN P C. AS OUTSIDE LEGAL COUNSEL TO ADVISE THE CITY ON
LEGAL ISSUES AND CAUSE NO 153 231908 08 RELATED TO THE AGREEMENT TO
LEASE AND OPERATE THE SOUTHEAST LANDFILL
WHEREAS, the City of Fort Worth entered into an agreement with Allied Waste Systems,
Inc. d/b/a/ Tnmty Waste Services for the lease and operation of the City's Southeast Landfill, and
WHEREAS, a specific need has ansen to address issues involving the performance of certain
obligations and responsibilities by Tnmty Waste Services under the terms of the agreement; and
WHEREAS on or about August 13 2008 Allied Waste Systems, Inc. filed suit against the
City through Cause No 153 231908 08 and
WHEREAS the City Council approved an increase to such compensation to $100 000 on
Apn129 2009 and
WHEREAS on or about December 15 2009 the City Council approved the settlement of the
lawsuit between the City and Allied Waste; and
WHEREAS it is necessary to increase the amount authonzed for compensation by $8,500 00
to pay the final invoice from Kelly Hart and Hallman.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
That the maximum amount authonzed to be paid to Kelly Hart & Hallman, P C as outside
counsel pursuant to Section 3 Chapter VI of the City Charter to assist the City Attorney on legal matters
related to the Agreement to lease and operate the Southeast Landfill and to represent the City in Cause
No 153 231908 08 is hereby increased by $8,500 00 to an amount not to exceed $108,500 00
Adopted this 8th day of June, 2010 gpp~p
CITY COUNCIL
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Marty~Hendnx ----. ~ ~ ctry secretary of the
'~' City of Fort Worth, Texas
CGty~Secretary ~!'~ ,~ ,~
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ARTWOI T
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City of Fort Worth, Texas
Mayor and Council Communication
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.COUNCIL ACTION: Approved on 61$/2010' -Res. No. 388706-2010 8< Ord. No. 19164-06-
2010
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DATE Tuesday June 08 2010 REFERENCE NO "`"`G-16940
LOG NAME 12ALLIEDLAWSUITFINAL
SUBJECT
Adopt a Resolution Authorizing the Increase in Payment to Kelly Hart and Hallman P C by $8 500 00 for
the Assistance and Advice to Settle the Lawsuit Between the City of Fort Worth and Allied Waste Services,
Inc. d/b/a Trinity Waste Services Cause No 153 231908 08 and Adopt Supplemental Appropriation
Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid Waste
Fund by $8 500 00 and decreasing the unaudited unreserved undesignated fund balance by the same
amount; and
2 Adopt a resolution authorizing the City Manager to increase payment to Kelly Hart and Hallman P C
by $8 500 00 for the assistance and advice in settling the lawsuit between the City and Allied Waste
Services Inc. d/b/a Trinity Waste Services, in Cause No 153 231908 08
DISCUSSION
On July 17 2007 the City Council authorized the employment of Kelly Hart and Hallman P C as outside
legal counsel to assist the City Attorney's office on issues relating to the Agreement to Lease and Operate
the Southeast Landfill City Secretary Contract (CSC) No 28336 and the Amendment No 1 to the
Agreement on September 28 2005 known as CSC No 32407 by M&C G-15783 and Resolution No
3503-07 2007 for an amount not to exceed $50 000 00 Subsequently Allied Waste Services Inc filed
suit against the City of Fort Worth (City) through Cause No 153 231908 08 on or about August 13 2008
and now Kelly Hart and Hallman P C is representing the City in such litigation The City Council
approved an increase to compensate Kelly Hart and Hallman P C on April 28 2009 to a not to exceed
amount of $100 000 00
On December 15 2009 the City Council approved the settlement of this lawsuit and the execution of the
Amendment No 2 to the Lease to operate the landfill CSC No 283336-A2.
It is necessary to increase the compensation to Kelly Hart and Hallman P C by $8 500 00 to pay the
final invoice for this settlement.
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon approval of the above recommendations
Logname: 12ALLIEDLAWSUITFINAL Page 1 of 2
and adoption of the attached supplemental appropriation ordinance funds will be available in the current
operating budgets, as appropriated of the Solid Waste Fund Upon approval the unaudited unreserved
undesignated cash balance of the Solid Waste Fund will exceed the minimum reserve as outlined in the
Financial Management Policy Statements.
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
1) PE64 539120 0525001 8 500.00 2) PE64 539120 0525001 8 500.00
CERTIFICATIONS
Submitted for City Manager's Office b~ Fernando Costa (6183)
David Yett (7623)
Originating Department Head. Brian Boerner (8085)
Additional Information Contact: Christa Reynolds (8984)
Logname• 12ALLIEDLAWSUITFINAL Page 2 of 2