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Ordinance 17118-08-2006
Ordinance No. 171 ~ 8-08-2006 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 1N THE AMOUNT OF $100,000 AND DECREASING THE RISK MANAGEMENT FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE GENERAL FUND TO RETAIN THE LAW FIRM OF KELLY, HART & HALLMAN AS OUT5lDE COUNSEL, PURSUANT TO CHAPTER VI, SECTION 8 OF THE CITY CHARTER, TO ASSIST THE CITY ATTORNEY IN REPRESENTING THE CITY REGARDING LEGISLATIVE AND LITIGATION ISSUES RELATED TO THE WRIGHT AMENDMENT; PROVIDING FOR A SEVERASILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts a{located to the various Gity departments for Fiscal Year 2006- 2006 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 unreserved, designated fund balance by the same amount, for the purpose of transferring said funds to the General Fund to retain the law firm of Kelly, Hart & Hallman as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in representing the City regarding legislative and 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. 16582 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: A City Attorney ~~ ADOPTED AND EFFECTIVE: Au ust 29 2006 C- ®f ~®rt VV~rt~, Texas r i i ~i COUNCIL ACTION: Approved on 812912006 - Resolufiaort No.. 3402-08-2006 & Ordi:r~ance No. 1711.7'-08-2006 & 17118-08-2006 DATE; Tuesday, August 29, 2006 LOG NAME: 12REPDFW REFERENCE NO.: ~~G-15371 5U13JECT: Adoption of Appropriation Ordinance and Resolution Authorizing Employmenfi of Outside Legal Counsel for Assistance in Legal Issues Concerning the Wrighfi Amendment RECOMMEN©AT[ON: it is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk Management Fund by $100,000.00 and decreasing the unreserved, designated fund balance by the same amount; 2. Authorize the transfer of $100,000.00 from the Risk Management Fund Balance to the General Fund in the amount of $100,000.00; 3. Adopt the attached supplemental appropriations ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $100,000, from available funds; ~. Authorize the City Manager or his designee to retain the law firm of Kelly, Hart & Hallman as outside counsel, pursuant to Chapter Vi, Section 3 of the City Charter, to assist the City Attorney in representing the City regarding legislative and litigation issues related to the Wright Amendment; and 5. Adopt the attached resolution fixing in advance as far as practicable, that the amount to be paid to Kelly, Hart & Hallman not exceed $100,000.00. ©~scussloN: On June 15, 2006, the Cities of Fort Worth and Dallas, Southwest Airlines, American Airlines and the DallaslFort Worth International Airpork Board signed a joint statement outlining the local solution agreed to by each of those five parties (the "Joint Statement"} and subsequently executed a contract incorporating the terms of the Joint Statement (the "contract"). The Contract was approved by the City Council on July 11, 2006, (M&C C-21559}. The City Attorney anticipates that numerous complex legislative and litigation issues related to the Wright Amendment and the terms of the contract will arise in the coming months. As a result, it is recommended that the law firm of Kelly, Hart & Hallman be retained to assist the City Attorney in these matters. Lognarne: 12REPDFW Page 1 of 2 1=ISCA1.» INFORMATIONIC~RTIFICATION: The Finance Director certifies that upon adaption of the above recommendations and the adaption of the attached supplemental appropriation ordinance, funds will be mailable in the current operating budget, as appropriated, of the Generai Fund. The fund balance of the Risk Management Fund will be $5,672,218 after this transfer. Lognar~e: ~2REPDFW Page 2 of'2