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HomeMy WebLinkAboutOrdinance 18573-04-2009Ordinance No. 18579-04-2009 AN ORDINANCE INCREASING ESTIMATED RECEEPTS AND APPROPRIATIONS IN THE SOt_iD WASTE FUND IN THE AMOUNT OF X50.000.06 AND DECREASING THE UNAUDITED, UNRESERVED, UNDESRGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF ADOPTING A RESOLUTION AUTHORIZING AN INCREASE IN PAYMENT TO KELLY, HART AND HALLMAN P.C. TO ASSIST AND ADVISE THE CITY ON ISSUES RELATED TO THE AGREEMENT TO LEASE AND OPERATE THE SOUTHEAST LANDFIt_L; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. TEXAS: SECTION 1 That in addition to those amounts allocated to the various Gty departments for Fiscal Year 2008QQ09, there shall also be increased estimated receipts and appropriations in the Solid Waste Fund in the amount of ~5Q000.00, and decreasing the unaudited, unreserved, undesignated fund balance by the same amount, for the purpose of adopting a resolution authorizing an increase in payment to Keiiy, hart and Hallman P.G. to assist and advise the City on issues related to the agreement to lease and operate the Southeast Landfill. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 18283 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations; in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shop} take affect upon adoption. APPROVED AS TO FORM AND LEGALITY: i ~ h ~ ~ tea,. ~ f fowl j ~, ~~ aa_'_ ~~ ~...emf ADOPT LD At~dD Ft t:CT@k E Jiorii 2t3. 2tS00 City of Fort Worth, Texas Mayor and Co+~n~i1 ~or~nrr~~anica#ion cc3uNC~~. AcrECar~: A~~xov~a o~ a~~a>+zoas . ~. Nom. ~~rao-lea-atzas ~ ova. No. 't~>=~3-0~- Zoos DATE: Tuesday, Aprii 28, 2009 LOG NAME: 12ALLIEDLAWSUIT REFERENCE NO.: "*G-16543 SUBJECT: __ _ Adopt Resolution Authorizing the Increase in Payment to KeIIy, Hart and Hallman, P.G., by $50,000.00 to Assist and Advise the City of Fort Worth on Issues Related to the Agreement to Lease and Qperate the Southeast Landfill Between the Gity of Fart Worth and Allied Waste Services, Inc., dtb/a Trinity Waste Services, Gause No. 153 231908 08 and Adopt Supplemental Appropriation Ordinance RECOMMENDATION: __ _ It is recommended that the City Gouncil: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid Waste Fund by $50,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount; and 2. Adopt a resolution authorizing the City Manager to increase payment to Kelly, Hart and Hallman, P.G., by $50,000.00 to assist the Gity Attorney with legal issues related to the Agreement to Lease and Oporate the Southeast Landfill between the Gity and Allied Waste Services, Inc., dlbla Trinity Waste Services, and to represent the Gity of Fort Worth in Gause No. 153 23190$ 08. DISCUSSION: Qn July 17, 2007, the Gity Gouncil authorized the employment of KeIIy, Hart and Hallman, P.G., as outside legal counsel to assist the Gity Attorney's office an issues relating to the Agreement to Lease and ©perate the Southeast Landfill, Gity Secretary Gantract (GSG) No. 28336 and the First Amendment to the Agreement on September 28; 2005, known as GSC No. 32407, by M&G G-15783 and Resolution No. 3503-07-2007 for an amount not to exceed $50,000.00. Subsequently, Allied Waste Services, Inc., filed suit against the Gity of Fort Worth (Gity} through Gause No. 153 231908 08, on or about August fi3, 2008, and now KeIIy. Hart and Hallman. P.G., is representing the Gity in such litigation. It is recommended by the City Attorney that an additional $50,000.00 be authorized by tt~e CEty Gouncil as payment for iegal sen;rces by Kelty, !-tart and Hal#man. P C., far the additto~:af I,tigatior, rr,„~tfcrs reiated to ',t t~. LE:a: #~ ?~..iii3e;t ri t ~'tz~t. t? oxr:;eed ~i ~FtJ; ti~i3 ..tti tf.?<ai p?n ~: `.3't mEsr4t. FISG.4~ INFQRA3"{C1N ; CERTIFtGATiOR1 Ts7e Financial C~lanagement Services Director t;ertifies that upon approvat of the above recoo?:mendatlo,^~s and adoption of the attached suppiementaE appropriation ordinance. funds viii be available in the current operating budgets, as appropriated. of the Solid Waste Fund. Upon approval, the unaudited, unreserved, E.~ t'..~.f'~..:`t~ncktefi fai4r aai*3nGe of t'le +-."+I3?~ :~:'3St Ftf ?l,'! ~'ili k,x..c"-,:"C.~i "3t; '~'jr~Sr}t t.. 3 u;:}r"'-r`.:e .a.. C3i+?'pt SfaN „~ }}~f.~ ~~ 1c'"St is !¢~£ i x}4iiC;a'.:8 x 1 F''..:.}i -.ft.~t ~>.tR =":#}irj LoMname; 1Jr~C.t.IFI7Cr1G1'tit`IT Past 1 of? FUND CENTERS: TO FundlAccountlCenters 1}PE64 ,539120..0525401 CERTfFICATIONS: Submitted far City Manager`s Office. by: Ff2OM FundiAccount(Centers 350,000.00 2} PEQ4 539120 452500.1 w50,000.00 Originating Department Head: Additional Information Contact: ___. _ _ _ I,u~;naalte: i2.~1LLIEDC.AWSC;7"£ Fernando Costa {6183} David Yett {7623} Brian Koerner (8485} Christy Reynolds (8984} fate ? of 2