HomeMy WebLinkAboutResolution 3818-12-2009A Resolution
NO 3818-12 2009
AUTHORIZING PAYMENT OF UP TO $100,000.00 FOR LEGAL SERVICES
PROVIDED BY DWIGHT A. SHUPE AND THE LAW FIRM OF K&L GATES
RELATED TO EXTENDING THE RUNWAY AND TAXIWAYS AT ALLIANCE
AIRPORT
WHEREAS the City has received from the State of Texas and the Federal Aviation
Administration the necessary funding to improve Alliance Airport by extending the runway
from 9 000 to 11 000 feet; and
WHEREAS the completion of extending the runway and taxiways will necessitate
removal and relocation of a portion of the existing FM 156 and construction of the new State
highway interchange at the intersection of SH 114 and FM 156 and
WHEREAS the completion of extending the runway and taxiways will necessitate the
City's acquisition and relocation of portions of BNSF s existing main rail line and BNSF s
abandonment of portions of its existing mail rail line, and
WHEREAS because the completion of extending the runway and taxiways is of
extraordinary importance and involves complex negotiations and documentation, it is necessary
to retain outside counsel to assist the City Attorney m representing the Crty
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
1 That Dwight A. Shupe and the firm of K&L Gates be retained as outside counsel,
under Chapter VI, Section 3 of the Crty Charter to assist the City Attorney on the legal issues
related to the City's extending the runway at Alliance Airport from 9 000 to 11 000 feet.
2 That as far as practicable, the compensation to be paid to Dwight A. Shupe and the
firm of K&L Gates is hereby fixed in an amount not to exceed $ 100 000 00
ORT WORT
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RESOLUTION NO 3818 12 2009
Adopted this 8th day of December 2009
ATTEST ~~~
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'°Marty'Hendrix C,iby, secretary
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APPRQVE~
CITY COUNCIL
DEC d 8 2009
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City Secretary of the
City ®f Fart Worth, Texas
ORT~VORT
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City of Fort Worth, Texas
Mayor and Counctt Communtcatton
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_COU,NCIL ACTION. `Approvetl on 12/8/2009.:.: -Res. No. 3818-12-2009.
DATE Tuesday December 08 2009
LOG NAME 55AFWLEGAL000NSEL
REFERENCE NO *G-16775
SUBJECT
Adopt Resolution to Authorize Retaining Additional Legal Counsel for the City in the Alliance Airport
Runway Extension Project for Compensation Not to Exceed $100 000 00
RECOMMENDATION
It is recommended that the City Council
1 Retain Dwight A. Shupe and the Law firm of K&L Gates as outside counsel pursuant to Chapter VI
Section 3 of the City Charter to assist the City Attorney on the legal issues related to the City's extending
the runway at Alliance Airport from 9 000 to 11 000 feet; and
2 Adopt the attached resolution fixing in advance as far as practicable that the amount of compensation
to be paid to Dwight A. Shupe and the Law Firm of K&L Gates for their services will not exceed
$100 000 00
DISCUSSION
The City of Fort Worth (City) has received necessary funding to improve Alliance Airport by extending the
runway and taxiways The completion of the runway and taxiway extensions will necessitate removal and
relocation of a portion of the existing FM 56 and the removal and relocation of private and public
utilities It will also necessitate (i) the relocation of a portion of Burlington Northern Santa Fe's (BNSF)
existing-main-rail line (ii) the abandonment by BNSF and conveyance to the City of portions of BNSF's
existing-main-rail line (iii) the removal of all BNSF Improvements located within the abandoned main-rail
line (iv) the relocation of all non-BNSF Improvements located within a portion of the abandoned main-rail
line (v) the construction of a new BNSF rail line connecting its intermodal facility to its carload
transportation center and (vi) the construction of improvements for rail line crossings
Because the extension of the runway and taxiways is of extraordinary importance it is the opinion of the
office of the City Attorney that outside counsel with knowledge and experience in matters involving
complex contract and transportation issues, should be retained to assist the City Attorney in representing
the City in the preparation of grant agreements land acquisition agreements and relocation agreements
Dwight A. Shupe and the Law firm of K&L Gates are well recognized for their knowledge and expertise
The firm has agreed to assist the City Attorney in this matter Mr Shupe's hourly rate is $575 00 These
costs will be covered by grant funds made available from the Federal Aviation Administration
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated of the Airport Grants Fund
FUND CENTERS
Logname• SSAFWLEGALCOUNSEL Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 539120 055218187300 $100,000.00
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating_Department Head.
Additional Information Contact:
Fernando Costa (6122)
Kent Penney (5403)
Aya Ealy (5406)
Logname SSAFWLEGALCOLTNSEL Page 2 of 2