HomeMy WebLinkAboutOrdinance 16229Ordinance No ~~ ~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $100 000
AND DECREASING THE UNRESERVED UNDESIGNATED GENERAL FUND
BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING KELLY
HART AND HALLMAN P C FOR SERVICES RENDERED 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 HEADQUARTERS 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 receipts and
appropriations in the General Fund in the amount of $100 000 and decreasing the unreserved
undesignated General Fund balance by the same amount, for the purpose of paying Kelly Hart,
and Hallman, P C for services rendered 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 headquarters 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed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
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorne
ADOPTED AND EFFECTIVE. ~ ~ ~.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 12/14/2004 Ordinance No. 16229 and Resolution No 3149
~..~...~
DATE Tuesday December 14 2004
LOG NAME 12KELLY REFERENCE NO G-14610
SUBJECT
Adopt Resolution Authorizing the Employment of 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 Headquarters Hotel and- Related
Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council•
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $100 000 and decreasing the unreserved undesignated General Fund fund balance by the same
amount;
2. Authorize the City Manager to retain the law firm of Kelly Hart 8~ Hallman P C (Kelly Hart) as outside
counsel pursuant to Chapter VI Section 3 of the City Charter to assist the City Attorney in the negotiation
and production of documents with Omni Hotels Corporation related to the construction development and
operation of a Convention Center headquarters hotel
3 Adopt the attached resolution fixing in advance as far as practicable, that the aggregate amount to be
paid to Kelly Hart for such services shall not exceed $100 000 and
4 Authorize the City Manager to execute a related Professional Services Agreement with Kelly Hart, if
required
DISCUSSION
On August 5 2004 the City Council adopted M&C G-14440 authorizing the City Manager to execute a Term
Sheet with Omni Hotels Corporation (Omni) for construction and operation of a Convention Center
headquarters hotel That Term Sheet anticipates that numerous legal documents relating to this project,
including construction contracts related to both the hotel and parking garages, City and State incentives,
leases and purchase and put-option agreements will have to be prepared and negotiated It is further
anticipated that the negotiations of these documents will be complex and that the documents arising out of
these negotiations will be extensive and voluminous 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 firm's extensive experience in complex business transactions
Logname• 12KELLY Page 1 of 7
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds 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 appropriated of the General Fund The unaudited unreserved undesignated General Fund fund
balance after this appropriation will be $41 605,236
TO Fund/AccountlCenters FROM Fund/Account/Centers
GG01 531200 0905500 $100.000.00 GG01 531200 0905500 $100.000.00
Submitted for C~ Manager's Office b~ Richard Zavala (Acting) (8511)
Originating Department Head. David Yett (7623)
Additional Information Contact: Peter Vaky (7601)
Logname 12KELLY Page 2 of 2