HomeMy WebLinkAboutOrdinance 11196k,
ORDINANCE NO ~~~~-'~
AN ORDINANCE APPROPRIATING $84,800 00 TO THE GENERAL
FUND, AND DECREASING THE UNRESERVED, UNDESIGNATED
FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF
PAYING LEGAL FEES RELATIVE TO THE SOUTHWESTERN BELL
TELEPHONE COMPANY FRANCHISE ORDINANCE, PROVIDING FOR
A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE
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 1992-93
and in the Budget of the City Manager, there shall also be increased appropriations in the General Fund in
the amount of $84,800 000, thereby decreasing the unreserved, undesignated Fund Balance by the
same amount for the purpose of paying legal fees relative to the Southwestern Bell Telephone Company
franchise ordinance
SECTION 2.
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 11151 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of said prior ordinances and appropriations are hereby expressly repealed.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 from and after the date of its passage, and it
is so ordained.
APPROVED AS TO FORM AND LEGALITY
City Attorney
lv-2~ "~~
Date
Adopted
Effective
City of Fort Worth, Texas
Mayor aid Council Communication
--~-- 11/05/92 ~--~ -~_-.~-- ~~-..--.~ G-9912 --- ._....- 12SWBELL - -- 1 of 2
SUBJECT PAYMENT OF LEGAL FEES IN FY 1992-1993 FOR NEGOTIATION OF SOUTHWESTERN BELL
TELEPHONE COMPANY FRANCHISE ORDINANCE
RECOMMENDATION:
It is recommended that the City Council take the following action:
1. Adopt the attached supplemental appropriations ordinance increasing appropriations
in the General Fund by $84,800, and reducing the Unreserved Undesignated Fund
Balance of the General Fund by a like amount.
2. Authorize the City Manager to pay Clarence A West, Attorney at Law, for his
services in negotiating the Southwestern Bell Telephone Company franchise
ordinance the following amounts during the 1992-1993 fiscal year:
a) a payment of $30,800 for his services through October 1, 1992; and
b) quarterly payments of $13,500 each on December 31, 1992, March 31,
1993, June 30, 1993, and September 30, 1993, as additional
contingency fee payments for his services.
DISCUSSION:
On March 24, 1992 (M&C G-9576), the City Council retained Clarence A. West as outside
legal counsel to assist with negotiation of the Southwestern Bell Telephone Company
franchise ordinance. The agreement with Mr. West provides that he will be paid a flat
fee of $25,000 plus a 25 percent contingency fee on any amounts up to $100,000 paid by
Bell above Bell's last offer to the City before March 24, 1992, and a 20 percent
contingency fee on any amounts of more than $100,000 paid by Bel] above the last offer.
Under the agreement the City is also entitled to a full credit for the $25,000 flat fee
against any contingency fees.
The negotiations with Bell were successfully concluded on September 1, 1992, when the
City Council approved anew franchise ordinance (M&C G-9819; Ordinance No. 11163). The
new ordinance will remain in effect until September 30, 1997. Over the term of the
ordinance, the City will receive $1,879,000 more than Bell's last offer to the City
before March 24, 1992.
Under the agreement with Mr. West, after receiving credit for the $25,000 already paid,
the City owes him a contingency fee of $30,800 for his services through October 1.,
1992, and will owe him quarterly contingency fee payments of $13,500 each on December
31, 1992, March 3I, 1993, June 30, 1993, and September 30, 1993, during the 1992-1993
fiscal year.
ti Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
11/05/92 ---~ -~--~--- ~--~~--~- G-9912 --- ~-~~~-- 12SWBELL 2 of 2
SUBJECT PAYMENT OF LEGAL FEES IN FY 1992-1993 FOR NEGOTIATION OF SOUTHWESTERN BELL
TELEPHONE COMPANY .FRANCHISE ORDINANCE
In the 1993-1994 through 1996-1997 fiscal years, the City will owe Mr. West quarterly
contingency fee payments of $13,500 each on December 31, March 31, June 30 and
September 30. The City Manager anticipates that the quarterly payments in future
fiscal years will be made from current revenues that will be appropriated for this
purpose in the City budget for each of such fiscal years.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that upon adoption of the Supplemental
Appropriations Ordinance, funds required for the $84,800 expenditure will be available
in the current operating budget of the General Fund.
WA:j
Junmittea for Gity Manager's FUND ACCOUNT CENTER AMOUNT tatr Jt6KtIHK1
Office by to
GGO1 531200 0905500 84,80 ~~~~QV~~
Charles Boswell 8511
Originating Department Head ~~T ~ ~~ ~ ~~'~~
Wade Adkins 7623 from , ~1Q16 ~ ~~ ~~~
For Additional Information
Contact City Secretary of the
Wade Adkins 7623 ~ City of Fort Worth,Yeacas
~~ Printed on recycled paper