HomeMy WebLinkAboutOrdinance 17634-07-2007Ordinance No. 17634-07-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE.GENERAL FUND IN
THE AMOUNT OF $100,000 AND DECREASING THE UNAUDITED,
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT,
FOR THE PURPOSE OF INCREASING THE AMOUNT TO BE PAID TO KELLY,
HART AND HALLMAN FOR ASSISTANCE IN LITIGATION ISSUES RELATED
TO THE WRIGHT AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR 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 City departments for Fiscal Year 2006-
2007 in the Budget of the City Manager, there shall also be increased appropriations in the General
Fund in the amount of $100,000 and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose of increasing the amount to be paid to Kelly, Hart and
Hallman for assistance in litigation issues related to the Wright Amendment.
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. 17142 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
~!1~l-~~~~ ~~~~~.
A t ity Attorney
ADOPTED AND EFFECTIVE: July 10, 2007
City of Dort Worth, Texas
Mayor and Council Communication
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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
T-_ _ _ _ -~ _- _.---- - -- - - -
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 M&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.e. 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
GG01 472071 0121000 $100.000.00
GG01 538110 0121000 $100,000.00
FROM Fund/Account/Centers
GG01 538070 0121000 $100.000.00
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Karen Montgomery (6222)
David Yett (7623)
Marcia E. Wise (7607)
Logname: 12REPDFW Page 2 of 2