HomeMy WebLinkAboutResolution 4015-08-2011A Resolution
NO. 4015 -08 -2011
AUTHORIZING PAYMENT OF UP TO $100,000.00 FOR LEGAL
SERVICES PROVIDED BY S.G. JOHNDROE, III AND CANTEY
HANGER, LLP RELATED TO EXTENDING THE RUNWAY AND
TAXIWAYS AT ALLIANCE AIRPORT.
WHEREAS, the City has received from the State of Texas and the Federal Aviation
Administration the necessary funding to improve Alliance Airport by extending the runway
from 9,000 to 11,000 feet; and
WHEREAS, the completion of extending the runway and taxiways will necessitate the
relocation of the BNSF Railway Company's main line track and construction of a connector
track; and
WHEREAS, because the completion of extending the runway and taxiways is of
extraordinary importance and involves complex negotiations and documentation, it is necessary
to retain outside counsel to assist the City Attorney in representing the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. That S.G. Johndroe, III and the firm of Cantey Hanger, LLP be retained as outside
counsel, under Chapter VI, Section 3, of the City Charter, to assist the City Attorney
on the legal issues related to the City's extending the runway at Alliance Airport from
9,000 to 11,000 feet.
2. That as far as practicable, the compensation to be paid to S.G. Johndroe, III and the
firm of Cantey Hanger, LLP is hereby fixed in an amount not to exceed $100,000.00.
Adopted this 2nd day of August 2011.
ATTEST:
By: _l - - --
Marty Hendrix, City Secretary
oxT WoR
APPROVED
CITY COUNCIL
AUG 0 2 2011
City Secretary of the
City of Fort Worth, Texas
City of Fort Worth, Texas
DATE: Tuesday, August 02, 2011 REFERENCE NO.: C -25088
LOG NAME: 55AFW ADDL LEGAL COUNSEL
SUBJECT:
Adopt Resolution to Authorize Retaining Additional Legal Counsel for the City in the Alliance Airport
Runway Extension Project for Compensation Not to Exceed $100,000.00 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Retain S.G. Johndroe, III and the law firm Cantey Hanger, LLP, as outside counsel under Chapter VI,
Section 3, of the City Charter to assist the City Attorney with the legal issues related to the City's
extending the runway at Alliance Airport from 9,000 to 11,000 feet; and
2. Adopt the attached resolution fixing in advance, as far as practicable, that the amount of compensation
to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, for their services will not exceed
$100,000.00.
DISCUSSION:
The City of Fort Worth has received necessary funding to improve Alliance Airport by extending the
runway and taxiways. The runway and taxiway extension require the relocation of the Burlington Northern
Santa Fe (BNSF) Railway Company's main line track and construction of a connector track. The relocation
and construction of the tracks has necessitated the institution of eminent - domain actions to acquire the
needed property for the relocation as discussed in M &C L -15198 approved by City Council on June 7,
2011.
The relocation timetable anticipated that eminent - domain acquisitions would be commenced and
completed by the end of December. The timetable was based upon the City Attorney receiving surveys
and appraisals of the 108 parcels needed for the relocation over several months. Recent design changes
required by BNSF resulted in delays in completing the surveys and appraisals of the needed parcels.
Consequently, all the requests for eminent - domain actions will be received by the City at once rather than
staggered over several months. The delay has resulted in the need for additional Counsel to assist in
completing the acquisitions in a timely manner.
The City Attorney has decided that because of the extraordinary importance of the Alliance Airport
Runway Extension Project it is necessary to retain outside legal counsel with knowledge and experience
in eminent - domain matters. S.G. Johndroe, III and the Law Firm of Cantey Hanger, LLP, are well
recognized for their knowledge and expertise in eminent - domain matters. The firm has agreed to assist
the City Attorney in this matter. Mr. Johndroe's hourly rate is $385.00. These costs will be covered by
grant funds made available from the Federal Aviation Administration.
As a condition of his employment, Mr. Johndroe has agreed that the legal fees in this matter will not
Logname: 55AFW ADDL LEGAL COUNSEL Pagel of 2
exceed $100,000.00, without City Council approval.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the funds are available in the current capital
budget, as appropriated, of the Airport Grants Fund.
FUND CENTERS:
TO Fund /Account/Centers
FROM Fund /Account/Centers
GR14 539120 055218517300 $100,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Aya Ealy (5406)
Logname: 55AFW ADDL LEGAL COUNSEL
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