Loading...
HomeMy WebLinkAboutResolution 3730-04-2009A Resolution No. 3730-04-2009 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 Crty 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 arisen to address issues involving the performance of certain obligations and responsibilities by Trtmty 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 rt is anticipated that additional legal services concerning the lawsuit will be needed requtrtng a $50 000 increase to the total amount paid to Kelly Hart and Hallman P C m an amount not to exceed $100 000 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS That the maximum amount authorized to be paid to Kelly Hart & Hallman, P C as outside counsel pursuant to Section 3 Chapter VI of the Crty 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 $50 000 to an amount not to exceed $100 000 AND IT IS SO RESOLVED Adopted th~y28th~dayao fA}~nl, 2009 ~{ ~ ~~ ATTEST ~"""-f'~,, '~ '` ~ 0 Y r^ N l -.. 91 `!~. Y ! By ,~ h Marty Hend ~ ~ ~ ~ .~.-~ ~ ~ ~, M ~ C-tty,Secretary`~~ ~'''"~+. ~ ' j; 4 y-~'~''y~... v ,,~ ~~r~ w~~ APPROVEQ CITY COUNCIL APR 2 ~ 2009 1 Y \ b.~~~""~ City Secretary of the City of Fort Worth, Texas s, City of Fort Worth, Texas Mayor and Council Communication ~k. _ .~_ a. ~. COUNCIL ACTION: Approved on 4/28/2009 `-'Res. No. 3730-04-2009 & ©rd. No. 18573-04- 5 2009 a ... DATE Tuesday April 28 2009 REFERENCE NO "'*G-16543 LOG NAME 12ALLIEDLAWSUIT SUBJECT Adopt Resolution Authorizing the Increase in Payment to Keiiy Hart and Hallman P C by $50 000 00 to Assist and Advise the City of Fort Worth on Issues Related to the Agreement to Lease and Operate the Southeast Landfill 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 $50 000 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 $50 000 00 to assist the City Attorney with legal issues related to the Agreement to Lease and Operate the Southeast Landfill between the City and Allied Waste Services, Inc. d/b/a Trinity Waste Services and to represent the City of Fort Worth 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 First Amendment 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 It is recommended by the City Attorney that an additional $50 000 00 be authorized by the City Council as payment for legal services by Kelly Hart and Hallman P C for the additional litigation matters related to the Lease Agreement not to exceed $100 000 00 total in payment. FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations 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 Logname: 12ALLIEDLAWSUIT Page 1 of 2 FUND CENTERS TO Fund/Account/Centers 1)PE64 539120 0525001 CERTIFICATIONS Submitted for City Manager's Office b~ Originating Department Head. Additional Information Contact: FROM Fund/Account/Centers 50 000.00 2) PE64 539120 0525001 $50,000.00 Fernando Costa {6183) David Yett (7623) Brian Boerner (8085) Christa Reynolds (8984) Logname: 12ALLIEDLAWSUIT Page 2 of 2