HomeMy WebLinkAboutOrdinance 17653-07-2007Ordinance No.17653-07-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE SOLID WASTE
FUND IN THE AMOUNT OF $50,000 AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY
THE SAME AMOUNT, FOR THE PURPOSE OF AUTHORIZING THE CITY
ATTORNEY TO RETAIN KELLY, HART AND HAT"LMAN P.C. TO ASSIST
THE CITY ATTORNEY WITH LEGAL ISSUES RELATED TO THE
AGREEMENT TO LEASE AND OPERATE TIC SOUTHEAST LANDFILL
BETWEEN THE CITY AND ALLIED WASTE SERVICES, INC. DB/A
TRINITY WASTE SERVICES; PROVIDING FOR A SEVERABILTTY
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 Solid
Waste Fund in the amount of $50,000 and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose authorizing the City Attorney to retain the law firm of
Kelly, Hart and Hallman P.C. to assist the City Attorney with legal issues related to the Agreement
to Lease and Operate the Southeast Landfill between the City and Allied Waste Services, Inc. d/b/a
Trinity Waste Services.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17142 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
~~ (~- ~
Assistant Ci Attorney
ADOPTED AND EFFECTIVE: July 17, 2007
Page 1 of 2
City ®f F®~°1' W®C$h, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 -Resolution #3503-07-2007 & Ordinance #17653-
07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 12SELFLEGALISS REFERENCE NO.: ~*G-15783
SUBJECT:
Adopt Resolution Authorizing the Employment of Outside Legal Counsel to Assist and Advise the
City on Issues Related to the Agreement to Lease and Operate the Southeast Landfill between the
City and Allied Waste Services, Inc., d/b/a Trinity Waste Services and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid Waste
fund by $50,000 and decreasing the unaudited unreserved, undesignated fund balance by the same
amount;
2. Authorize the City Attorney to retain the law firm of Kelly, Hart and Hallman P.C. and designate Marshall
Searcy as outside legal counsel pursuant to Chapter VI, Section 3 of the City Charter to assist the City
Attorney with legal issues related to the Agreement to Lease and Operate the Southeast Landfill between
the City and Allied Waste Services, Inc., d/b/a Trinity Waste Services; and
3. Adopt the attached resolution fixing in advance, as far as practicable, the compensation to be paid to
Kelly, Hart and Hallman P.C. in an amount not to exceed $50,000.
DISCUSSION:
On January 28, 2003, the City entered into an agreement with Allied Waste Systems, Inc., d/b/a Trinity
Waste Services ("Trinity Waste"), for the lease and operation of the City's Southeast Landfill known as City
Secretary Contract No. 28336 and the First Amendment to the agreement on September 28, 2005 known
as City Secretary Contract No. 32407, (collectively the "Lease Agreement").
The Lease Agreement includes obligations and responsibilities that Trinity Waste must perform. Some of
those include the submission of an application(s) to the Texas Commission on Environmental Quality
("TCEQ") for a Landfill permit amendment and modification, funding of a Closure/Post-Closure Trust
Account and payment to the City of certain rents. Legal issues regarding the performance of these and
other obligations and responsibilities by Trinity Waste have arisen.
Additionally, the City faces legal issues involving Trinity Waste's continued operation and lease of the
Landfill and the City should explore the legal action necessary to be proactive in ensuring that the Landfill
operates in a safe manner and to facilitate the approval of future expansion by TCEQ.
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 7/17/2007
Page 2 of 2
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 Solid Waste Fund. Upon approval, the unaudited, unreserved, undesignated cash
balance of the Solid Waste Fund will be $9,976,272, which is the amount available above the minimum
reserve fund balance of $8,809,085 required by the City's Financial Management Policy Statements (i.e., 20
percent of the current-year adopted budget expenditures less debt service and capital outlay).
TO Fund/Account/Centers FROM Fund/AccountlCenters
~PE64 539120 0525001 $50,000.00 ~PE64 539120 0525001 $50,000.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
David Yett (7623)
Brian Boerner (8085)
Christa Lopez (8984)
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 7/17/2007