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HomeMy WebLinkAboutOrdinance 16309-03-2005Ordinance No. ~~~-~~- ~~ AN ORDINANCE INCREASING APPROPRIATIONS 1N THE PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF $80,000 AND DECREASING THE PROPERTY AND CASUALTY INSURANCE FUND BALANCE BY THE SAME AMOUNT, FOR THE PURP05E OF RETAINING KELLY, HART & HALLMAN AS OUSIDE LEGAL COUNSEL FQR DOCUMENT PRODUCTION RELATED TO THE CASELA'S DEVELOPMENT PROJECT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HERI~IViTN; AND PROVIDING AN EFFECTIVE DATI=. BE IT ORDAINED 8Y THE CITY COUNCIL OF TF1E CITY OF FORT WORTH, TEXAS: SECTI©N 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2004- 2005 in the Budget of the City Manager, there shat{ also be increased appropriations in the Property and Casualty Insurance Fund in the amount of $50,000 and decreasing the Property and Casualty Insurance Fund balance by the same amount, for the purpose of retaining Kelly, Hart & Hallman as outside legal counsel for document production related to the Cabela's development project. SECTION 2. That should any portion, section or part of a section of this ordinance tae declared invalid, inoperative or void far any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining porkions, sections, ar 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 Na. 16061 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in which instance sold conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPR VED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: .3"'I-~ D C-ty cif ~'®~ 1N®r~h, ~'ex~s ~r r u~l rrnuni~~~rt COUNCIL ACTION: Approved on 3/1/2005 -Resolution No. 3170-03-2005; Ordinance N©. 16309-03-2005 CONTINUE® FROM A PREVIOUS WEEK ©ATE: Tuesday, February 22, 2005 LOG NAME: 12KHH REFERENCE NO.: G-14690 SUBJECT: Adopt a Resolution Authorizing Emplaymen# of Outside Legal Counsel for Document Production Related to Cabela's Development Prajec# and Related Appropriation Ordinance RICOMMEN©ATION: It is recommended that the City Council: 1. Authorize the Clty Attorney to retain the law firm of Kelly, Hart & Hallman, P.C. (Kelly, Hart) as outside legal counsel, pursuant to Chapter VI, Section 3 of the City Charter, for document production related to the Cabela's development project; 2. Adopt the attached Resolution fixing in advance, as far as practicable, that the aggregate amount to be paid to Kelly, Hart far such services shall not exceed $50,5(30; and 3. Adopt the attached supplemental appropriation ordinance increasing .appropriations in the Property and Casual Insurance Fund by $50,000 and decreasing the Property and Casual Insurance Fund balance by the same amount. l~lscussl®N: On June 8, 2004 the City Council adopted M&C G-1433fi, authorizing the City Manager #a execute a Memorandum of Understanding (the MOU) with Cabela's Retail, lnc. {Cabela's) related to the construction by Cabela's of a retail development with publicly-owned componen#s (the Project) near the intersection of 1H-35 West and SH 17p. The MOU contemplated numerous legal documents related to the Project. Although a number of these documents have been drafted and negotiated in-house, some outside legal assistance is needed due ns#"-only to the number of documents needed but-oleo-~~because same of those documents relate fio the issuance of bonds by the Lone Star Local Government Corporation, which was created by the City Council last year, and require bond counsel involvement; Therefore, the City Attorney is requesting that the City Council authorize the retention of Kelly, Hart as outside legal counsel for assistance in these matters due to that frrm`s extensive experience in complex business transactions. The Cabela's retail project is located in COUNCIL DISTRICT 2. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and the adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as Logname: 12KHt-I Page I of 2 appropriated, of the Property and Casualty Insurance Fund. The unaudited unreserved designated Property and Casualty Insurance Fund balance after this appropriation wiA be $5,443,220. TO FundlAccountlCenters FROM F~rndlAccountlCenters FE71 538110 0137121 $50.000.00 FE71 538110 0137121 $50,OO0AD Submitted for City Manager's Office b~: Richard Zavala (Acting) {5222} Originating ©epartment Head: David Yett (7623) Additional Information Contact: Peter Vaky {76Q1) La~nae: 12KHH Aare 2 of 2