HomeMy WebLinkAboutResolution 3460-02-2007A Resolution
NO 3460-02 2007
WHEREAS, on August 17 2004 City Council approved M&C G 14459
adopting a resolution retaining Cantey & Hanger to represent the City of Fort Worth
in SH 121T real estate issues for an amount up to $50 000 and
WHEREAS, on June 21 2005 City Council approved M&C G 14836
adopting a resolution increasing the amount to be paid to Cantey & Hanger to
$150 000 and
WHEREAS, due to a substantial increase in required legal services Cantey
& Hanger has earned and been. paid $210 373 94 beyond the $150 000 for a total
of $360 373 94 and
WHEREAS, it is anticipated that additional legal services regarding SH 121T
(Southwest Parkway) real estate issues will be required during 2007 requiring an
increase to the total amount to be paid to Cantey & Hanger to $600 000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH TEXAS
That the amount authorized to be paid to Cantey & Hanger for legal services
regarding SH 121 T (Southwest Parkway) real estate issues is hereby increased to
an amount not to exceed $600 000
Adopted this 20th day of February , 2007 gpPROVEI)
CITY COUNCIL
ATTEST FEB 2 0 2007
~w~~
B ~ City Secretary of the
y - -- City of Fort Worth, Texas
Marty Hendrix City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 2/20/2007 Resolution No 3460-02-2007
DATE Tuesday February 20 2007
LOG NAME 12CANTEYHANGER REFERENCE NO C-21981
SUBJECT
Adopt a Resolution Revising the Maximum Amount and Reflecting the Increased Fees Paid to
Cantey & Hanger for Assisting the City Attorney in Representing the City Regarding Legal Issues
Concerning the Southwest Parkway (SH 121T)
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution reflecting the increased fees of
$210 373 94 paid and revising the maximum amount to be paid to Cantey & Hanger to $600 000 for
representing the City of Fort Worth regarding legal issues concerning Southwest Parkway (SH 121T)
DISCUSSION
On June 8 2004 (M&C C-20112) the City Council authorized Amendment No 1 to the agreement between
the City of Fort Worth The North Texas Tollway Authority and the Texas Department of Transportation (the
Reimbursement Agreement) in the amount of $49 375 000 (with the City's 20 percent match of
$9 875 000) City Council also adopted Ordinance No 15999 which increased estimated receipts and
appropriations in the Grants Fund by $49 375 000 for increased revenues to be received under the
Reimbursement Agreement. Expenditures for the acquisition of right-of-way and acquisition related costs,
including attorney fees are to be paid under the agreement.
By adoption of Resolution No 3111 on August 17 2004 (M&C G-14459) the City Council approved Cantey
& Hanger as legal counsel to represent the City of Fort Worth regarding legal issues including but not
limited to real estate concerning SH 121T and authorized payment to Cantey & Hanger for services in an
amount not to exceed $50 000 to be paid from the 1998 Capital Improvement funds for the SH 121T
Project. By adoption of Resolution No 3220 on June 21 2005 (M&C G-14836) City Council authorized an
additional $100 000 for a total of $150 000 to be paid to Cantey & Hanger The additional amount was to
be paid from the grants funds referenced above.
The SH 121T Project will require the acquisition of 53 parcels Of the parcels obtained to date 15 parcels
were acquired through eminent domain proceedings, and 8 appeals are currently pending Due to the
substantial increase in required legal services during 2006 Cantey & Hanger earned and was paid
$210 373 94 beyond the $150 000 for a total of $360 373 94 Continued representation is required for legal
services pertaining to the remaining property acquisition and anticipated litigation Therefore it is
recommended that City Council revise the maximum amount to be paid to Cantey & Hanger for legal issues
regarding SH121T to $600 000 80 percent of which the City will be reimbursed under the above-mentioned
Reimbursement Agreement.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current capital budget, as appropriated of the
Grants Fund
Logname• 12CANTEYHANGER Page 1 of 2
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
GR 76-539120 030302943420 $450,000.00
Submitted for Cites Manager's Office by. Marc Ott (6122)
Originating Department Head. David Yett (7623)
Additional Information Contact: Marcia Wise (7607)
Logname 12CANTEYHANGER
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