HomeMy WebLinkAboutResolution 3412-09-2006A Resolution
NO 3412-09-2006
WHEREAS there are various matters concerning Public Law No 96-192 § 29 94 Stat. 35
(1980) `the Wright Amendment" and D/FW International Airport that have arisen
and staff desires advice and guidance regarding these issues and
WHEREAS on June 13 2006 the law firm of O'Melveny & Myers was retained to assist the
City Attorney in representing the City regarding legal issues concerning the
`Wright Amendment" and
WHEREAS Resolution 3366-06-2006 was adopted fixing in advance the amount to be paid to
that firm of $50 000 00 and
WHEREAS there are numerous issues pending to be researched and it is anticipated an
additional sum of $50 000 00 will be needed to reimburse O'Melveny & Myers
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH TEXAS
That, the City Manager or his designee be authorized to compensate O'Melveny &
Myers in an amount not to exceed $100 000 00
ADOPTED this 19th day of September , 2006
APPROVED AS TO FORM AND LEGALITY
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City Attorney
Mayor
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City Secretary of the
City of Fort Worth, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/19/2006 Resolution No 3412-09-2006 8~ Ordinance No
17158-09-2006 & 17159-09-2006
DATE Tuesday September 19 2006
LOG NAME 12DFWATT
REFERENCE NO **G-15399
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk
Management Fund by $50 000 and decreasing the unreserved designated fund balance by the same
amount;
2. Authorize the transfer of $50 000 from the Risk Management Fund Balance to the General Fund in the
amount of $50 000 00'
3 Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the General Fund in the amount of $50 000 from available funds, and
4 Adopt the attached resolution authorizing an increase of $50 000 in the aggregate maximum amount to
be paid to Eric Richards and Denise Raytis of O'Melveny & Myers for representation of the City of Fort
Worth in negotiations regarding the 'Wright Amendment" from $50 000 as originally set to an amount not to
exceed $100 000
DISCUSSION
On March 7 2006 and March 8 2006 the City of Fort Worth and the City of Dallas respectively adopted
concurrent resolutions requesting members of the United States Congress to refrain from taking actions
regarding the 'Wright Amendment" in order to allow the cities to try to reach a local solution
On April 8 2006 the City of Dallas adopted a resolution to update the Love Field Impact/Analysis/Master
Plan
Thereafter the City of Fort Worth adopted Resolution No 3366-06-2006 authorizing the employment of
outside legal counsel with expertise in federal aviation law and related issues to assist the City Attorney in
advising the City of Fort Worth as it entered negotiations with the City of Dallas American Airlines,
Southwest Airlines, and DFW International Airport to reach a local solution and seek amendments to federal
law to ratify same
The parties in negotiation reached an agreement set forth in a Joint Statement" on June 15 2006 and the
Logname 12DFWATT Page 1 of 2
attorneys representing the parties spent numerous hours of negotiation to complete a contract among the
Cities of Fort Worth and Dallas American Airlines, Southwest Airlines, and the Dallas-Fort Worth
International Airport Board These parties continue to work for passage of the Wright Amendment Reform
Act by Congress.
As a result of these hours of negotiation and issues related thereto it now appears that the amount to be
paid to O'Melveny & Myers should be increased by $50 000 to an amount not to exceed $100 000
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the above recommendations and the adoption of the
attached appropriation ordinances funds will be available in the current operating budget, as appropriated
of the General Fund The fund balance of the Risk Management Fund will be $4 607 040 00 after this
transfer
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 472071 0121000 $50,000.00 FE71 538070 0137120 $50,000.00
GG01 538110 0121000 $50,000.00 GG01 538110 0121000 $50.000.00
FE71 538070 0137120 $50,000.00
Submitted for City Manager's Office b~ Marc Ott (8476)
Originating Department Head David Yett (7606)
Additional Information Contact: Marcia E. Wise (7607)
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