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HomeMy WebLinkAboutResolution 3500-07-2007A Resolution NO 3soo-o~ 200 WHEREAS, on August 29,2006 City Council approved M&C G-15371 which adopted a resolution retaining Kelly Hart & Hallman to represent the City of Fort Worth m legislative and lrtgation issues related to the Wright Amendment and the terms of the contract; and WHEREAS, in M&C G-15371 City Council approved an amount of $100 000 to be paid to Kelly Hart & Hallman, and WHEREAS attorneys from Kelly Hart & Hallman have billed a total of $82,842.02 to date for representation of the City m legislative and lrtgation issues regarding the Wright Amendment; and WHEREAS the need for representation is still pending and it is estimated that an additional amount of approximately $100 000 will be needed for the legal services necessary to bring this to a successful concflusion, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS That the compensation authorized to be paid to Kelly Hart & Hallman for legal services m the representation regarding legislative and litigation issues related to the Wright Amendment is hereby increased from $100 000 to an amount not to exceed $200,000 .ADOPTED this 10th day of Judy 2007 av ATTEST r -..~- -_ ~..~., f. By. ity Secretary APPROVED A5 TO FORM. G~~~/ gy• G~~!~ David Yett G Cfty Attorney Ir r~ t .~ APPROVED CITY COUNCIL JUL 1 0 2007 ~~~~ City Secretary of 4he City of Fort Worth, Texas City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 7/10/2007 Ord No. 17634-07 2007 and Res. No 3500-07 2007 DATE Tuesday July 10 2007 LOG NAME 12REPDFW REFERENCE NO **G 15769 SUBJECT Adoption of Appropriation Ordinance and Resolution Increasing the Amount to be Paid to Kelly Hart & Hallman for Assistance in Litigation Issues Related to the Wright Amendment 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 $100 000 and decreasing unaudited unreserved undesignated fund balance by the same amount; and 2. Adopt the attached resolution increasing the amount to be paid to Kelly Hart & Hallman by $100 000 and fixing in advance as far as practical an amount to be paid to Kelly Hart & Hallman not to exceed $200 000 DISCUSSION On July 17 2006 a lawsuit was filed by Love Terminal Partners, L.P and Virginia Aerospace L.L.C against the Cities of Fort Worth and Dallas, American Airlines, Southwest Airlines and Dallas Fort Worth International Airport Board This suit was in response to recent changes to the Wright Amendment. On August 29 2006 City Council approved M8~C G-15371 adopting a resolution retaining Kelly Hart & Hallman to represent the City of Fort Worth in legislative and litigation issues related to the Wright Amendment, to be paid an amount not to exceed $100 000 The law firm has billed $82 843 02 to date for representation of the City of Fort Worth in these matters It is anticipated that additional sums will be needed to assist in the litigation referenced above Accordingly it is recommended that the total amount authorized to be paid to Kelly Hart & Hallman be increased by $100 000 to a total not to exceed $200 000 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon adoption of the above recommendations and the 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 $5 512 146 which is the amount available above the minimum reserve fund 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) Logname 12REPDFW Page 1 of 2 TO Fund/AccountlCenters FROM Fund/Account/Centers GG01 472071 0121000 $100,000.00 GG01 538070 0121000 $100.000.00 GG01 538110 0121000 $100,000.00 Submitted for City Manager's Office bx: Karen Montgomery (6222) Originating D~artment Head. David Yett (7623) Additional Information Contact: Marcia E Wise (7607) Logname• 12REPDFW Page 2 of 2