HomeMy WebLinkAboutOrdinance 16503-07-2005Ordinance No ~~05~o3--O~j-~~
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND IN
THE AMOUNT OF $24,200 AND DECREASING THE UNRESERVED
UNDESIGNATED GENERAL FUND BALANCE BY THE SAME AMOUNT FOR
THE. PURPOSE OF FUNDING A RESOLUTION INCREASING THE MAXIMUM
AMOUNT TO BE PAID TO KELLY HART & HALLMAN AS OUTSIDE LEGAL
COUNSEL FOR ASSISTANCE IN THE NEGOTIATION AND PRODUCTION OF
DOCUMENTS WITH OMNI HOTELS CORPORATION RELATED TO THE
CONSTRUCTION, DEVELOPMENT AND OPERATION OF A CONVENTION
CENTER HOTEL, 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 2004-
2005 in the Budget of the City Manager there shall also be increased estimated appropriations in
the General Fund in the amount of $24,200 and decreasing the unreserved undesignated General
Fund balance by the same amount, for the purpose of funding a resolution increasing the maximum
amount to be paid to Kelly Hart & Hallman as outside legal counsel for assistance in the negotiation
and production of documents with Omni Hotels Corporation related to the construction
development and operation of a Convention Center Hotel
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 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 said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed
SECTION 4
This ordinance shall take effect upon adoption
APP VED AS TO FO M AND LEGALITY
City Attorney
ADOPTED AND EFFECTIVE. ~y~`\ ~ a-005
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Increasing the Maximum Amount to be Paid to Kelly Hart & Hallman as Outside
Legal Counsel for Assistance in the Negotiation and Production of Documents with Omni Hotels
Corporation Related to the Construction Development and Operation of a Convention Center Hotel
and Related Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the supplemental appropriation ordinance increasing appropriations in the General Fund by
$24 200 and decreasing the unreserved undesignated General Fund balance by the same amount; and
2. In accordance with Chapter VI Section 3 of the City Charter adopt the resolution increasing the
maximum amount to be paid to Kelly Hart & Hallman P C by $24,200 for assistance in the negotiation and
production of documents with Omni Hotels Corporation related to the construction, development and
operation of a Convention Center headquarters hotel
DISCUSSION
On December 14 2004 (M&C G-14610) the City Council approved and adopted Resolution No 3149
authorizing the City Attorney to retain the law .firm of Kelly Hart & Hallman (Kelly Hart) as outside legal
counsel for assistance in the negotiation and production of documents with Omni Hotels Corporation (Omni)
related to the construction development and operation of a Convention Center headquarters hotel That
Resolution provided that the maximum amount of compensation to be paid to Kelly Hart was to the extent
practicable $100 000 Over the course of the next five months, the City Attorney's Office negotiated and
drafted an Economic Development Program Agreement and a Tax Abatement Agreement, both of which
were produced in-house and oversaw negotiation and production of the numerous other legal documents
associated with the project, including a Ground Lease Purchase and Put Option Agreement, Room Bock
Agreement, Retail Lease Option Agreement, Catering Agreement and various deed and lien releases.
Because of the complexity and length of negotiations Kelly Hart's final bill exceeds the estimated
maximum established in Resolution No 3149 by $24,200 The City Attorney recommends that the City
Council adopt the Resolution and related appropriation ordinance so that Kelly Hart may be fully
compensated for its work on this successful economic and community development project.
The Convention Center headquarters hotel will be located in COUNCIL DISTRICT 9
Logname 12HOTEL Page 1 of ~
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the resolution and supplemental appropriation
ordinance funds will be available in the current operating budget, as appropriated of the General
Fund The unaudited unreserved undesignated General Fund balance after this appropriation will be
$37 636 365
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 $24,200.00 GG01 531200 0905500 $24,200.00
Submitted for City Manag_er's Office bx• Jae Paniagua (6191)
Originating Department Head David Yett (7623)
Additional Information Contact: PeterVaky (7601)
Logname• 12HOTEL PaSTP 7 of ~