HomeMy WebLinkAboutResolution 4215-07-2013 A Resolution
NO. 4215-07-2013
TO INCREASE THE AMOUNT TO BE PAID TO S.G. JOUNDROE,
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 $ 1 ,100,000.00; and
WHEREAS, the subject project is still pending and it is estimated that an
additional amount of approximately $400,000.00 beyond the current authorized
$ 1,100,000.00 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.Q. Johndroe, III and the law firm
Cantey Hanger, LLP as outside counsel in the Alliance Airport Runway Extension
Project is hereby increased from $1,100,000.00 to an amount not to exceed
$1,500,000.00.
Adopted this 91h day of July, 2013.
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Mary J. Kay r, it 4cretary 0000000
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/9/2013 - Resolution No. 4215-07-2013
DATE: Tuesday, July 09, 2013 REFERENCE NO.: **G-17925
LOG NAME: 55AFW CANTEYHANGER AMEND6
SUBJECT:
Adopt Resolution Authorizing an Increase of$400,000.00 in the Maximum Amount to be Paid to S.G.
Johndroe, III and the Law Firm Cantey Hanger, LLP, as Outside Counsel for Legal Matters Related to the
Alliance Airport Runway Extension Project, Thereby Increasing the Total Amount of Compensation to
$1,500,000.00 (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing a $400,000.00 increase
to the maximum amount to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, as outside
legal counsel for the Alliance Airport Runway Extension Project, thereby increasing the total amount of
compensation to $1,500,000.00.
DISCUSSION:
By adoption of Mayor and Council Communication (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 in the acquisition of properties needed for the Alliance Airport Runway Extension
Project (Project) and appropriated the amount of$100,000.00 for that purpose. This is the sixth and final
amendment to the initial contract for legal services. (Resolution Nos. 4046-12-2011, 4070-03-2012, 4099-
07-2012, 4128-09-2012 and 4147-11-2012).
The original scope of the project was for the purchase of 63 parcels of land needed for the 12 mile
relocation of the Burlington Northern Santa Fe (BNSF) Railroad. There have been many unanticipated
title issues that have required additional legal work to clear titles for these acquisitions. In addition,
changes to the design of the relocation of the rail created the need to purchase additional land, which
resulted in additional negotiations with landowners. This was also the case with utility relocations that
needed to be completed prior to the relocation. There was a blanket easement found on about 50 of the
needed parcels and locating the owners included in this easement required much research due to the fact
that some owners had relocated to other areas. Condemnation of some of the parcels also created the
need for additional funds.
Only two parcels remain to be acquired. One of those parcels is in litigation now with the other entering
the eminent domain process. We are requesting this final amendment to increase the compensation to be
paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, by $400,000.00 for a total amount not to
exceed $1,500,000.00 to complete the acquisitions of these properties.
All costs for Mr. Johndroe's work will be covered by grant funds made available from the Federal Aviation
Administration.
This is for services in COUNCIL DISTRICT 7.
Logname: 55AFW CANTEYHANGER AMEND6 Page 1 of 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 $400,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by; Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Theodore P. Gorski (7627)
Additional Information Contact: James Burris (5403)
Logname: 55AFW CANTEYHANGER AMEND6 Page 2 of 2