HomeMy WebLinkAboutOrdinance 20783-06-2013 Ordinance No. 20783-06-2013
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK MANAGEMENT FUND IN THE AMOUNT OF
$200,000.00, DECREASING THE ASSIGNED RISK MANAGEMENT FUND
BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF OUTSIDE COUNSEL
TO REPRESENT THE CITY IN LITIGATION RELATED TO THE PENSION
BENEFIT CHANGES ADOPTED BY THE CITY COUNCIL ON OCTOBER 23, 2012;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED'BY`1 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 2012-2013 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Risk
Management Fund in the amount of$200,000.00, decreasing the assigned Risk Management Fund balance
by the same amount, for the purpose of outside counsel to represent the City in litigation related to pension
benefit changes adopted by the City Council on October 23,2012,
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. 20411-09-2012 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of said prior ordinances and appropriations are hereby expressly repealed.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.
AP7 AS TO
Gerald Pruitt,Assistant City Attorney
ADOPTED AND EFFECTIVE: June 4, 2013
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 6/412013 Resolution No. 4213-06-2013& Ordinance No.
20783-06-2013
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DATE: Tuesday, June 04, 2013 REFERENCE NO.: G-17913
LOG NAME: 12KHHAMEND
SUBJECT:
Adopt Resolution Authorizing Increase of$200,000.00 to the Maximum Amount to be Paid to Kelly, Hart
and Hallman L.L.P., as Outside Counsel to Represent the City in the Lawsuits Entitled City of Fort Worth v.
Employees' Retirement Fund of the City of Fort Worth, Cause No. 342-262392-12, and Richard Van
Houten, Jr, and Stephen Hall v. City of Fort Worth, a Texas Municipal Corporation, Cause No. 4:12-CV-
00826, and Any Other Litigation Related to the Pension Benefit Changes Adopted by the City Council on
October 23, 2012, for a Total of$400,000.00, and Adopt Supplemental Appropriation Ordinance Increasing
Appropriations in the Risk Management Fund in the Amount of$200,000.00 and Decreasing the Assigned
Risk Management Fund Balance by the Same Amount (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing the appropriations in the Risk
Management Fund in the amount of$200,000.00 and decreasing the Assigned Risk Management Fund
Balance by the same amount; and
2. Adopt the attached Resolution authorizing an increase in the amount of$200,000.00 to the maximum
amount to be paid to Kelly, Hart and Hallman L.L.P., as outside counsel to represent the City in the
lawsuits entitled City of Fort Worth v. Employees' Retirement Fund of the City of Fort Worth, Cause 342-
262392-12, and Richard Van Houten, Jr. and.Stephen Hall v. City of Fort Worth, a Texas Municipal
Corporation, Cause 4:12-CV-00826, and any other litigation related to the pension benefit changes
adopted by the City Council on October 23, 2012, for a total amount of$400,000.00.
DISCUSSION:
On November 6, 2012, the City Council adopted (M&C G-17724)and Resolution No. 4142-11-2012, the
City Council ratified the employment of Kelly, Hart and Hallman, L.L.P., as outside legal counsel to
represent the City in the lawsuit entitled City of Fort Worth v. Employees' Retirement Fund of the City of
Fort Worth, Cause 342-262392-12, and authorized compensation in the amount up to $100,000.00.
On December 4, 2012, the City Council adopted (M&C G-17752) and Resolution No. 4152-12-2012,
approving the employment of Kelly, Hart and Hallman, L.L.P., as outside legal counsel to represent the
City in the lawsuit entitled Rick Van Houten and Stephen Hall v. City of Fort Worth, a Texas Municipal
Corporation, Cause 4:12-CV-00826, and authorized compensation in the amount up to $200,000.00 for
both lawsuits and any other litigation related to the Retirement Ordinance amendments adopted by the
City Council on October 23, 2012.
Because of the numerous issues addressed in the lawsuits, and the complexity of the issues involved in
Logname: 12KHHAMEND Page 1 of 2
both lawsuits, it is necessary to increase the maximum amount to be paid to Kelly, Hart and Hallman,
L.L.P. Adoption of this resolution will increase the amount of compensation to be paid to Kelly, Hart and
Hallman, L.L.P„ by $200,000.00 for a total in the amount of$400,000.00.
FISCAL. INFORMATION /CERTIFICATION:
The Financial Management Services 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 Risk Management Fund. Upon approval, the fund balance of the
Risk Management Fund will be in compliance with the minimum reserved as outlined in the Financial
Management Policy Statements.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
FE71 534050 0137120 $200,000.00 FE71 534060 0137120 $200,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Oriainating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Gerald Pruitt (7616)
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