HomeMy WebLinkAboutOrdinance 16993-06-2006Ordinance No 16993-06-2006
AN ORDINANCE INCREASING APPROPRIATIONS IN THE RISK
MANAGEMENT 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
TO RETAIN THE LAW FIRM OF O'MELVENY & MYERS AS OUTSIDE
COUNSEL, TO ASSIST THE CITY ATTORNEY IN VARIOUS MATTERS
CONCERNING PUBLIC LAW No 96-192, § 29 94 STAT 35 (1980) `THE
WRIGHT AMENDMENT" AND DFW INTERNATIONAL AIRPORT AND TO
REPRESENT THE CITY IN LITIGATION CONCERNING SUCH MATTERS
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 CITY 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, designated fund
balance by the same amount, for the purpose of transferring said funds to the General fund to
retain the law firm of O'Melveny & Myers as outside counsel, to assist the City Attorney in various
matters concerning Public Law No 96-192, § 29 94 Stat. 35 (1980) `The Wright Amendment"
and DFW International Airport and to represent the Gity in litigation concerning such matters.
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 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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
APPRO S ORM AND LEGALITY
Assistant City Attorney
ADOPTED AND EFFECTIVE. June 13. 2006
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/13/2006 Resolution No 3366-06-2006 & Ordinance No
16993-06-2006 8~ 16994-06-2006
DATE Tuesday June 13 2006
LOG NAME 12WRIGHT
REFERENCE NO C-21512
SUBJECT
Adopt Resolution Authorizing Employment of Outside Counsel to Assist the City in Matters
Concerning the Wright Amendment and D/FW International Airport and Adopt Appropriation
Ordinances
RECOMMENDATION
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 decreasng 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'
3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Fund in the amount of $50 000 from available funds
4 Authorize the City Manager to retain the law firm of O'Melveny ~ Myers as outside counsel pursuant to
Chapter VI Section 3 of the City Charter to assist the City Attorney in various matters concerning Public
Law No 96-192 § 29 94 Stat. 35(1980) `the Wright Amendment" and D/FW International Airport; and
5 Adopt the resolution fixing in advance as far as practicable the amount to be paid to O'Melveny &
Myers in an amount not to exceed $50 000 00
DISCUSSION
There are various legal issues concerning the Wright Amendment and D/FW International Airport. In order
to effectively address these issues staff will need to receive advice and guidance regarding those
issues. Outside legal counsel O'Melveny & Myers, an international law firm has the knowledge and skill to
address these issues
Because of the extraordinary importance of the issues raised it is the opinion of the City Attorney that
outside legal counsel with knowledge and expertise in matters involving the Wright Amendment and D/FW
International Airport, be retained to advise the City Attorney concerning those matters
Logname 12WRIGHT Page 1 of 2
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption og 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 Managemment Fund will be $5 657 040 after this
transfer
TO Fund/Account/Centers FROM Fund/Account/Centers
1)FE71 538080 0137120 $50,000.00 FE71 538070 0137120 $50,000.00
2 3)GG01 472071 0121000 $50.000.00 3)GG01 538110 0121000 $50,000.00
3)GG01 538110 0121000 $50,000.00
Submitted for City Manager's Office b~ Marc Ott (8476)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Logname 12WRIGHT Page 2 of 2