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HomeMy WebLinkAboutResolution 3499-07-2007A Reso{ution 1V~. 3499-07 2007 AUTHORIZING THE EMPLOYMENT OF OUTSIDE LEGAL COUNSEL FOR ASSISTANCE RELATED TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City requires specialized advice and expertise to assist the City Attorney with legal issues regarding the Federal Department of Housing and Urban Development; and WHEREAS, the law firm of Boyle & Lowry L. L. P has significant experience in providing legal assistance to cities regarding the Federal Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT W ORTH, TEXAS: L That the City is hereby authorized to retain the law firm of Boyle & Lowry L. L. P as outside counsel pursuant to Section 3 Chapter VI of the City Charter for assistance with legal issues concerning the Federal Department of Housing and Urban Development. II. That, as far as practicable, the compensation to be paid to Boyle & Lowry L. L. P shall not exceed an aggregate of $50, 000 00 AND IT I5 SO RESOLVED. Adopted this _ ~otr, ,day of .luny , 2007 Malty Hendrix City'Secretary ~~ i-~ APPROVED CITY COU(~CIL JUL 1 0 2007 ~ ~ City Secretary of the City of Fort Worth,'fexas City of Fort Worth, Texas Mayor and Council Communication SUBJECT Adopt Appropriation Ordinance and Resolution Authorizing Employment of Outside Legal Counsel for Assistance in Legal Issues Concerning Housing Development Activities RECOMMENDATION It is recommended that the City Council 1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund in the amount of $50 000 and decreasing unaudited unreserved undesignated fund balance by the same amount; 2. Authorize the City Manager or his designee to retain Matthew C G Boyle of the Law Firm of Boyle & Lowry L.L.P as outside legal counsel pursuant to Chapter VI Section 3 of the City Charter to assist the City Attorney in representing the City regarding preparation of contracts security instruments and other legal issues concerning housing development activities and 3 Adopt the attached resolution fixing in advance as far as practicable that the amount to be paid Boyle & Lowry L. L. P not exceed $50 000 DISCUSSION It is the opinion of the City Attorney that outside legal counsel should be retained to assist the City Attorney in representing the City regarding several legal issues related to preparation of contracts security instruments and other legal issues concerning the housing development activities, including the use of federal grant funds and the establishment of the City's Housing Trust Fund There are legal issues involving numerous pending contracts committing HOME Funds which were established by grants for previous funding from the U S Department of Housing and Urban Development (HUD} Additionally the City faces a number of legal issues involving (1) some workouts of prior issues with housing developers and (2} other legal actions it is proactively taking to avoid any potential HUD audit problems in the future FISCAL INFORMATION/CERTIFICATION The Finance 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 budget, as appropriated of the General Fund Upon approval the unaudited unreserved undesignated fund balance of the General Fund will be $3 156 081 which is the amount available above the minimum reserve fund Logname• 12BOYLE Page 1 of 2 balance of $46 845 951 required by the City's Financial Management Policy Statements (i a 10 percent of the current-year adopted budget expenditures less the annual transfer from the General Fund to the Debt Service Fund) TO Fund/Account/Centers FROM Fund/Account/Centers GG01 538110 0121000 $50,000.00 GG01 538110 0121000 $50,000.00 Submitted for Cit~Manager's Office b~ Karen Montgomery (6222) Originating Department Head. David Yett (7623) Additional Information Contact: Marcia Wise (7623) Logname 12BOYLE Page 2 of 2