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HomeMy WebLinkAboutResolution 4070-03-2012A Resolution NO. 4070 -03 -2012 A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID TO S.G. JOHNDROE, III AND THE LAW FIRM CANTEY HANGER, LLP AS OUTSIDE COUNSEL IN THE ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT WHEREAS, The City of Fort Worth has received necessary funding to improve Alliance Airport by extending the runway and taxiways; WHEREAS, to date, the cost of legal services by S.G. Johndroe, III and the law firm Cantey Hanger, LLP as outside counsel in the Alliance Airport Runway Extension Project has been approximately $300,000.00; and WHEREAS, the subject project is still pending and it is estimated that an additional amount of approximately $200,000.00 beyond the current authorized $300,000.00 will be needed for the legal services necessary to bring this project to a successful conclusion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the compensation authorized to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP as outside counsel in the Alliance Airport Runway Extension Project is hereby increased from $300,000.00 to an amount not to exceed $500,000.00. ADOPTED this 20th day of March, 2012. ATTEST: , r4-x� Mary J. Kayser,k4o qecre y APPROVED AS TO FORM AND LEGALITY: Theodore P. Gorski, Jr., Assistant City Attorney ORT WORTH City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2012 - Resolution No. 4070 -03 -2012 DATE: Tuesday, March 20, 2012 REFERENCE NO.: * *C -25498 LOG NAME: 55ADDL LEGAL COUNSEL AMD 2 SUBJECT: Adopt Resolution Authorizing an Increase of $200,000.00 in the Maximum Amount to Be Paid to S.G. Johndroe, III and the Law Firm Cantey Hanger, LLP, as Outside Counsel in the Alliance Airport Runway Extension Project to an Amount Not to Exceed $500,000.00 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the increase of $200,000.00 in the maximum amount to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, as outside counsel in the Alliance Airport Runway Extension Project to an amount not to exceed $500,000.00. DISCUSSION: By adoption of M &C C -25088 and Resolution No. 4015 -08 -0211, the City Council approved S.G. Johndroe, III and the law firm Cantey Hanger, LLP, as legal counsel to assist the City of Fort Worth (City) in the acquisition of properties needed for the Project and authorized payment to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, for their services in an amount not to exceed $100,000.00 and by adoption of M &C C -25322 and Resolution No. 4046 -12 -2011, the City Council approved an increase of $200,000.00. To date, S.G. Johndroe, III and the law firm Cantey Hanger, LLP, have billed the City $326,841.05 for their services. Additional parcels remain to be acquired for the Project and it is anticipated that in addition to the $300,000.00 previously authorized by the City Council, $200,000.00 will be needed to complete the acquisitions. The increase in anticipated services results from (1) difficulty in determining if the City's power to condemn to relocate pipelines and other easements can be used for certain gas pipelines and road easements and (2) from several bankruptcies on parcels in the Payton Place residential subdivision leading to seeking permission of the Bankruptcy Court to condemn the debtors' land. Accordingly, it is recommended by the City Attorney and the Finance Division that the total amount authorized to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, for their services be increased to an amount not to exceed $500,000.00. The costs will be covered by grant funds made available from the Federal Aviation Administration. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the funds are available in the current capital budget, as appropriated, of the Airports Grant Fund. FUND CENTERS: TO Fund /Account /Centers FROM Fund /Account/Centers GR14 539120 055218517300 $200,000.00 Logname: 55ADDL LEGAL COUNSEL AMD 2 Page 1 of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Bill Welstead (5402) Aya Ealy (5406) Logname: 55ADDL LEGAL COUNSEL AMD 2 Page 2 of 2