HomeMy WebLinkAboutOrdinance 17159-09-2006Ordinance No. 17159-09-2006
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS W THE GENERAL FUND IN THE AMOUNT OF $50,000
FROM A TRANSFER FROM THE RISK MANAGEMENT FUND, FOR THE
PURPOSE OF FUNDING 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 "WRIGHT
AMENDMENT'; PROVIDING FOR A SEVERA8ILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATI .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments far Fiscal Year 2005-
2006 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the General Fund in the amount of $50,000 from a transfer from the Risk
Management Fund, for the purpose of funding an increase in the maximum amount to be paid to
O'Melveny & Myers, LP for representation of the City of Fort Worth in negotiations regarding the
"IlVright Amendment".
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invaiid,
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, ar parts of sections of this
ordinance, which said remaining provisions shall be and remain in foil force and effect.
SECTION 3.
That this ordinance shah 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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:
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ADOPTED AND EFFECTIVE: Se tember 19 2006
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COUNCIL ACTION: Approved on 9/19/2006 - Resolution No. 3412-09-2006 & Ordinance No.
17155-09-2006 & 17159-09-2006
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DATE: Tuesday, September 'l 9, 2Q06
L.OG NAfVIE. 12DFWATT
REFERENCE NO.: ~`~`~-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
RIwCOMMENDATION:
it is recommended that the City Council:
7. 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 General 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 amounfi of $50,000, from available funds; and
4. Adopt 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'Meiveny & Myers for representation of the City of Fork
Worth in negotiations regarding the "Wright Amendment" from $50,000 as originally set to an amount not to
exceed $~ao,aoo.
D15Ct1SSION:
On March 7, 2006 and March 8, 2006, the City of Fork 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.
Qn April 8, 2006, the City of Dallas adopted a resolution to update the Love Field impactlAnalysislMaster
Plan.
Thereafter, the City of Fork Worth adopted Resolution Nn. 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 local solution and seek amendments to federal
law to ratify same.
The parties in negotiation reached an agreement set forth in a "Joint Statement" on June 15, 2006, and the
Logname: 12DFWATT Page 1 of 2
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~Fart Worth
International Airport Board. These parties continue to work for 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 O'Melveny & Myers should be increased by $50,000, to an amount not to exceed $100,000.
FISCAL iNFORMATIQNICERTiFiCATION:
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 FRO14A FundlAccountlCenters
GGD1 472071 D121DD0 ~,50,OOD.OQ FE71 538070 0137120 50000.00
GG01 538110 0121004 5D OOf}.00 GG01 538110 0121000 50 000.00
FE71 538070 0137120 50 D00.00
Submitted far Cit Mana er's Office b Marc Ott (8476)
Originating ®epartrYaeett Head: David Yett {7600}
Additional Infor~atiort Contact: Marcia E. Wise (7607}
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