HomeMy WebLinkAboutOrdinance 17158-09-2006Ordinance No. 17158-09-2006
AN ORDINANCE INCREASING APPROPRIATfONS IN THE RISK
MANAGi=MENT FUND IN THE AMOUNT OF $50,000 AND DECREASING THE
UNRESERVED, DESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR
THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE GENERAL FUND
FOR AN INCREASE IN THE MAXIMUM AMOUNT TO BE PAID TO O'MELVENY
& MYERS, LLP FOR REPRESENTATION OF THE CITY OF FORT WORTH IN
NEGOTIATIONS REGARDING THE "W RIGHT AMENDMENT"; PROVIDING FOR
A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE GITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2005-
2006 in the Budget of the City Manager, there shall also be increased appropriations in the Risk
Management Fund in the amount of $50,000 and decreasing the unreserved, designs#ed fund
balance by the same amount, for the purpose of transferring said funds to the General Fund for an
increase in the maximum amount to be paid to O'Mefveny & Myers, LP for representation of the City
of Fort Worth in negotiations regarding 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 nr
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 farce 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 A5 TO F~ORMJ~A~ND LEGALITY:
~ll./r~~(~ (/Uc~i`~
A~,tstat7'f ity Attorney
~~..
ADOPTED AND EFFECTIVE: September 19, 2006
City of Fi~rt VIV®r~h, T"~xas
r aid ~nl rr~rn~~
COUNCIL ACTION: Approved on 9119/2006 -Resolution No. 3412-09-2006 & Ordinance No.
17158-09-2006 & 17159-09-2006
DATE: Tuesday, September 19, 2006
ILOG NAME: 12DFWATT
REFERENCE NO.: ~`~G-15399
SUBJECT:
Adopt Resolution Authorizing an Increase in the Maximum Amount to be Paid to O'Melveny &
Myers, LLP, as Outside Legal Counsel to Provide Legal Representation to the City of Fort Worth in
Connection with the Contractual and Legislative Issues Regarding the "Wright Amendment" and
Adopt Appropriation Ordinances
REC01141iiMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk
Management Fund by $50,000 and decreasing the unreserved, designated fund balance by the same
amount;
2. Authorize the transfer of $50,000 from the Risk Management Fund Balance to the Genera! Fund in the
amount of $50,000.00;
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the General Fund in the amount of $50,000, from available funds; and
4. Adapt the attached resolution authorizing an increase of $50,000 in the aggregate maximum amount to
be paid to Eric Richards and Denise Raytis of O'Melveny & Myers for representation of the City of Fort
Worth in negotiations regarding the "Wright Amendment" from $5(1,000 as originally set to an amount not to
exceed $100,000.
DISCUSSION:
On March 7, 2006 and March 8, 2006, the City of Fort Worth and the City of Dallas, respectively, adopted
concurrent resolutions requesting members of the United States Congress to refrain from taking actions
regarding the °Wright Amendment" in order to allow the cities to try to reach a local solution.
On April 8, 2006, the City of Dallas adopted a resolution to update the Lave Field ImpactlAnalysislMaster
Plan.
Thereafter, the City of Fort Worth adopted Resolution No. 3366-06-2006 authorizing the employment of
outside legal counsel with expertise in federal aviation law and related issues to assist the City Attorney in
advising the City of Fort Worth as it entered negotiations with the City of Dallas, American Airlines,
Southwest Airlines, and DFW international Airport to reach a loco! solution and seek amendments to federal
law to ratify same.
The parties in negotiation reached an agreement set forth in a "Joint Statement" an June 15, 2006, and the
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attorneys representing the parties spent numerous hours of negotiation to complete a contract among the
Cities of Fort Worth and Dallas, American Airlines, Southwest Airlines, and the Dallas-Fort Worth
International Airport Board. These parties continue to work far passage of the Wright Amendment Reform
Act by Congress.
As a result of these hours of negotiation and issues related thereto, it now appears that the amount to be
paid to ~'Melveny & Myers should be increased by $50,000, to an amount not to exceed $100,000.
FISCAL ifVFORMATIONICERTiFfCATION:
The Finance Director certifies that upon adoption of the above recommendations and the adoption of the
attached appropriation ordinances, funds will be available in the current operating budget, as appropriated,
of the General Fund. The fund balance of the Risk Management Fund will be $4,607,040.00 after this
transfer.
TO FundlAccountlCenters FROlltll FundlAccountlCenters
GG01 472071 0'121 ODO 50 000.00 FE71 538070 0137120 $50,000.00
GG01 53811D 0121DD0 5D DDO.OD GG01 538110 012100D $50A00.00
FE71 538D7D D137120 $50,DOD.OD
Submitted for Ci i~Iana er's Office b : Marc Ott (8476)
Ori.ginating_®epartrnent Head: David Yett (7606)
Additional information Contact: Marcia E. Wse (7607)
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