HomeMy WebLinkAboutResolution 3615-04-2008A Resolution
NO 3615-04-2008
AUTHORIZING THE CITY ATTORNEY TO RETAIN THE LAW FIRM OF THOMPSON
HINE LLP TO REPRESENT THE CITY IN SURFACE TRANSPORTATION BOARD
ACTIONS AGAINST THE UNION PACIFIC RAILROAD CONCERNING THE SOUTHWEST
PARKWAY (121T) AND UTILITY RELOCATION AND EXTENSION MATTERS
WHEREAS, there are legal issues concermng the Southwest Parkway (121T) and Umon Pacific
Railroad property that may require a determination by the Surface Transportation Board m Washington,
D C and
WHEREAS, there are utility relocation and extension issues related to Umon Pacific Railroad
property that may require a determination by the Surface Transportation Board, and
WHEREAS, because of the extraordinary importance and nature of these issues, rt is necessary
to retain outside legal counsel to assist the Ctty• and
WHEREAS, Jeffery Moreno and his associates of the law firm of Thompson Hme LLP located
in Washington, D C have expertise in the legal processes and requirements related to the Surface
Transportation Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
That pursuant to Chapter VI, Section 3 of the City Charter the law firm of Thompson Hine
LLP is employed to provide the City Attorney's Office legal services pertaimng to Surface
Transportation Board actions.
2.
That as far as practicable, the compensation to be paid to Thompson Hine LLP for these
services is hereby fixed m an amount not to exceed $400 000 ($375 000 for the Southwest Parkway
matter and $25 000 for the utility relocation and extension matter)
PASSEDtAND;~APPROVED by the Crty Council of the Crty of Fort Worth, Texas on this the
15~' day~of ~, 2008 ~~,~.
~'~ f ~~ ~ CITY COUNCIL
cAT'TEST• ~,,,,_ ~• ~ .~,
~~ ~ y^ APR 1 5 2008
~ '~
Marty Hendn~ ~~~ ~ ~.~'~^~
~~ ,. `" ~ ~~~'' City Secretary of the
C~ty Secr ar , , 4' ,~•
~- v ~ ~ Cit of Fort Worth,'Cexas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/15/2008 Res. # 3615-04-2008
DATE Tuesday April 15 2008
LOG NAME 12THOMPSONHINE REFERENCE NO G 16111
SUBJECT
Adopt a Resolution Authorizing the City Attorney to Retain Thompson Hine LLP to Represent the
City of Fort Worth in Surface Transportation Board Actions Against Union Pacific Railroad
Concerning Southwest Parkway 121T and Utility Relocation and Extension Matters
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to retain
the law firm of Thompson Hine LLP for an amount not to exceed $400 000 to represent the City of Fort
Worth in Surface Transportation Board Actions against Union Pacific Railroad concerning Southwest
Parkway 121 T and utility relocation and extension matters
DISCUSSION
The City of Fort Worth the North Texas Tollway Authority (NTTA) and the Texas Department of
Transportation (TxDOT) are Project Partners under a tri-party agreement for the Southwest Parkway (121T)
project. On December 20 2005 (M&C G-15050) the City Council declared the necessity of taking a partial
or whole interest in 53 parcels needed for the right of way required for the Southwest Parkway Staff has
negotiated in good faith with the Union Pacific Railroad (UPRR) to acquire necessary property interests in
and around the UPRR Davidson Yard However negotiations have been unsuccessful to date and the next
step is to seek a decision from the Surface Transportation Board (STB)
Due to the importance of these issues and the extraordinary nature of STB proceedings it is necessary to
retain outside counsel pursuant to Chapter VI Section 3 of the City Charter Jeffery Moreno and his
associates of the law firm of Thompson Hine LLP have expertise in the legal processes and requirements
related to the STB
City staff suggests that the estimated $750 000 cost for Thompson Hine LLP to represent both the City of
Fort Worth and the NTTA under a joint petition to the STB be shared equally ($375 000 City and $375 000
NTTA) It is anticipated that the NTTA Board of Directors will consider a reciprocal action item at its April 16
2008 meeting
In addition City staff recommends an independent STB determination concerning City utility relocation and
extension matters associated with UPRR property at an estimated cost of $25 000
FISCAL INFORMATIONICERTIFICATION
The Finance Director certifies that funds are available in the current capital budget as appropriated of the
2007 Critical Capital Projects Fund
Logname 12THOMPSONHINE Page 1 of 2
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
C295 531200 303210000542 $400,000.00
Submitted for City Manager's Office bv. Fernando Costa (6122)
Originating Department Head David Yett (7623)
Additional Information Contact: Amy Ramsey (7617)
Logname 12THOMPSONHINE Page 2 of 2