HomeMy WebLinkAboutOrdinance 13573Ordinance No. ~ 3 ~ ? 3
AN ORDINANCE APPROPRIATING $525,000 00 TO THE INSURANCE FUND AND
DECREASING THE UNRESERVED, UNAPPROPRIATED INSURANCE FUND BALANCE BY
THE SAME AMOUNT FOR THE PURPOSE OF FUNDING LEGAL SERVICES BY KELLY,
HART & HALLMAN IN LAWSUITS ENTITLED CITY OF FORT WORTH V CITY OF
DALLAS ET AL AND THE CITY OF DALLAS V THE CITY OF FORT WORTH ET AL,
PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATNE
OF PRIOR ORDINANCES AND REPEALING ALL 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 the Fiscal Year 1997-98 and in the
Budget of the City Manager, there shall also be increased appropriation in the Insurance Fund in the amount of
$525,000 00; thereby decreasing the unreserved, unappropriated, Fund balance by the same for the purpose of funding
legal services by Kelly, Hart & Halhnan in lawsuits entitled City of Fort Worth v City of Dallas et al and City of Dallas
v City of Fort Worth et al.
SECTION 2.
That shouldrany 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. 13111 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are hereby expressly repealed.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 and be in full force and effect and after the date of its passage, and it is so ordained.
APP OVED AST FO ND L GALITY
t~rssist City Attorney
~'~
Date
~/s/~~
Adopted
5 ~' ~
Effec ive
City of Fort WoYth, Texas
NI'Ayor And C,auncil CammunicAtion
Date Reference Number Log Name Page
9115/98 G-12320 12AMOUNT 1 of 2
Subject RESOLUTION INCREASING THE AUTHORIZED AMOUNT TO BE PAID TO KELLY,
HART & HALLMAN FOR LEGAL SERVICES IN THE LAWSUITS ENTITLED CITY OF
FORT WORTH V CITY OF DALLAS ET AL AND CITY OF DALLAS V CITY OF FORT
WORTH ET AL
RECOMMENDATION
It is recommended that the City Council
Adopt the attached resolution increasing to $950,000 00 the maximum amount authorized to be
paid to Kelly, Hart & Hallman for legal services in the lawsuits entitled City of Fort Worth v. City of
Dallas et al and City of Dallas v. City of Fort Worth et al, and
2 Adopt the attached appropriation ordinance increasing appropriations in the Insurance Fund by
$525,000 00 and decreasing the unreserved, unappropriated balance of the Insurance Fund by
$525,000 00
DISCUSSION
On November 11; 1997 (M&C G-12063), the City Council approved Resolution No 2356 retaining the
law firm of Kelly, Hart & Hallman to assist the City Attorney in representing the City in the lawsuits
entitled Citx of Fort Worth v. City of Dallas et_al and City of Dallas v. City of Fort Worth et al
On July 7, 1998, the City Council approved M&C G-12255 which increased to $425,000 00 the
maximum amount of legal fees authorized to pay to Kelly, Hart & Hallman in this matter
For services rendered through May, 1998, Kelly, Hart & Hallman billed the City a total of $286,454 78
The subject lawsuits remain pending and the City has received additional bills of $148,628 76 The City
Attorney has reviewed these charges and recommends that they be paid
Because of the on-going and complex nature of these lawsuits, it is believed that in addition to the
$425,000 00 previously authorized by the City Council, an additional sum of $525,000 00 will be
needed for legal services to continue this litigation Accordingly, it is recommended by the City Attorney
and the Risk Management Department that the total amount authorized to be paid to Kelly, Hart &
Hallman for legal services be increased to $950,000 00
Under the City Charter it is necessary for the City Council to adopt a resolution increasing the amount
of the total compensation to be paid to the firm
City of Fort ~yVor~th, Texas
M~~y~r end ~uunciil ~,ommun~~Ation
Date
9/15/9.8 Reference Namber
'G-1'23'20 Log Name
12AMOUNT Page
~2 of 2
subject RESOLUTION .LN'CREA.SING THE AUTWORIZED AMOUNT TO $'E PAID TO KELLY,
HART & HALLMAN FOR LEGAL SERVICES FN THE LAVIISUITS ENTITLED CITY OF
FORT WORTH V CITY OF DALLAS ET AL AND CITY OF DALLAS V CITY OF FORT
WORTH ET AL
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached appropriation, will be ava'iiable in the
current operating budget, as appropriated, of the Insurance Fund
GBj
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT
.. CITY SECRETARY
.. ._.
office by: (to) -._ ., _.... ...... APPRQVED
_- _._ _ _
Charles Boswell 8511 OiTY COUNCIL
Originating Department Head:
__ _..
... _ ~..._ .._
_..__ SEP 15 '~98
Wade Adkins 7623 (from)
~' ~
FE71 534060 0157120
__ $525000.00
Additional Information Contact:
_
__. _ _ . ,.,. Citg Secretarq of th®
C.itq of Fort BVorth, Tezas
Bill Wood 7607