SUBJECT: An ordinance approving an amendment to Ordinance 2017-445 to increase the maximum contract amount, for the agreement for professional services between the City of Houston and NORTON ROSE FULBRIGHT US LLP for representation of the City, certain elected officials and the Finance Director in the pending lawsuit styled Houston Firefighters' Relief and Retirement Fund v. City of Houston, et al. and any other related or ancillary litigation regarding Senate Bill 2190.

 

In the pending litigation styled Houston Firefighters' Relief and Retirement Fund v. City of Houston, et. al., Cause No. 2017- 36216, filed on May 30, 2017, the Houston Firefighters' Relief and Retirement Fund (HFRRF) sued the City, its elected officials and the Finance Director challenging the constitutionality of Senate Bill 2190, the Pension Reform Legislation. The trial court dismissed the lawsuit. HFRRF appealed the dismissal to the 14th Court of Appeals. The appeal is pending.

 

Additionally, another lawsuit was filed styled James Noteware v. Sylvester Turner, Mayor of the City of Houston, Texas, and City of Houston, Texas, Cause No. 2017-83251, challenging the results of the November 7, 2017 election approving Proposition A for the issuance of pension obligation bonds for the purpose of funding a portion of the unfunded liability of the City with respect to HPOPS and HMEPS as contemplated by Senate Bill 2190.

 

The City is seeking to increase the maximum contract amount of the current contract for professional legal services with the firm of Norton Rose Fulbright US LLP, (the "Firm"). The City recommends amending the ordinance to increase the maximum contract amount because the Noteware lawsuit was filed on an emergency basis after the current contract amount was approved, thus the amount of legal services will exceed the amount originally contemplated.

 

Fiscal Note:

Funding for this item is included in the FY19 Adopted Budget. Therefore, no Fiscal Note is required as stated in the City of Houston's Financial Policies

 

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