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ORDINANCE NO
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 01,NON-DEPARTMENTAL ACCOUNT NO
90-55-00, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $30,000 AND
DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01 BY THE SAME
AMOUNT FOR THE PURPOSE OF COMPENSATING CONSULTANTS IN CONNECTION WITH THE CASE OF DUMAS ET AL
V CITY OF FORT WORTH AND RELATED MATTERS, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT, 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
1989-90 and in the Budget of the City Manager, there shall also be increased appropriations in the
General Fund 01, Non-Departmental Account No 90-55-00, in the amount of $30,000, thereby
decreasing the unreserved, undesignated fund balance by the same amount for the purpose of
compensating consultants in connection with patent filings and litigation over devices to measure and
collect stormwater runoff
r SECTION 2
Should any portion, section or part of a section of this ordinance be declared invalid, inop?rative
or void for any reason by a court of competent jurisdiction, such decision, opinion or judgement 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 10363 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provisions of said prior ordinances and appropriations are hereby expressly repealed.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
The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this
ordinance by copying the caption and effective date into the minutes of the City Council and by filing this
ordinance in the ordinance records of the City of Fort Worth
SECTION 5
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
Date ___ _,~~/ _ ___ ___
Adopted %~ ~~~~
Effective ~~~~
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C/~-l) Q~/ DATE REFERENCE SUBJECT i EMPLOYMENT OF,~ OUTSIDE LEGAL PncE
j(y~ "AMBER COUNSEL IN CASE OF DUMAS ET AL. V.
8-07-90 G-8757. CITY OF FORT WORTH, AND RELATED MATTERS '°f ?
RECOMMENDATION•
It is recommended that the City Council:
1. Retain the law firm of Haynes and Boone, as outside counsel, pursuant to
Section 3, Chapter VI of the City Charter, to assist the City Attorney
in representing the City in the case of Dumas et al. v. City of Fort
Worth, and to advise the City on related matters.
2. Adopt the attached resolution fixing in advance, as far as practicable,
the sum to be paid to Haynes and Boone, for their services, in an amount
not to exceed $30,000, and
3. Adopt the attached supplemental appropriations ordinance increasing
appropriation by $30,000 in the General Fund O1 - Non-Departmental
Account No. 90-55-00, Consultant Fees, and decreasing the General Fund
unreserved, undesignated fund balance by the same amount.
DISCUSSION:
On June 25, 1990, the City of Fort Worth was sued in the United States
District Court for the Northern District of Texas, Fort Worth Division, in a
suit entitled B.L. Dumas, et al. v. City of Fort Worth. The Plaintiffs
allege in this suit that under the Fair Labor Standards Act they are entitled
to overtime pay at a rate of one and one-half times their regular rate of pay
for all hours of overtime they have worked since June 25, 1988. The
Plaintiffs further allege that they are entitled to overtime pay from June 25
1988, to the present under Section 142.0015 of the Texas Local Government
Code.
;` ,~~ ~tf`4~
Because this matter is4~of extraordinary importance, it is the opinion of the
City Manager and the Cit`y~Attorney that outside legal counsel, with expertise
in matters involving the Fair Labor Standards Act, be retained to assist the
City Attorney in representing the City in this case and to advise the City on
related matters. The firm of Haynes and Boone are well recognized for their
knowledge and expertise in legal matters involving governmental employees.
The firm has agreed`to assist the City Attorney in this matter and to consult
with the City. The firm's`_governmental rate is $125 per hour.
FINANCING:
Upon adoption of the supplemental appropriation ordinance, sufficient funds
will be available in General Fund O1, Non-Departmental Account No. 90-55-00.
This expenditure will be made from Non-Departmental Index code 328005. These
DATE REFERENCE suB~ECT EMPLOYMENT OF OUTSIDE LEGAL PAGE
NUMBER COUNSEL IN CASE OF DUMAS ET AL. V. 2 2
8-07-90 G-8757 CITY OF FORT,. WORTH , AND RELATED MATTER S °`------
accounts will be changed to the appropriate MARS fund/account/center upon
system conversion. The General Fund O1 unreserved, undesignated fund balance
will be $26,288,921 following this appropriation .
J
APPROVED 8Y
CITY COUNCIL
:k
AUG 7 ~99p
City Secretary of the
r City of Port Worth, Texas
SUBMITTED FOR THE
OF ICEABYGER'S gob Terrell
6143 DISPOSITION BY COUNCIL.
^ APPROVED PROCESSED BY
ORIGINATING
DEPARTMENT HEAD• BOb Terrel 1
6143 ^ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INFORM~TI N
CONTACT Wade Adkins
7623 Adonted
r Resolution No,~S
DATE
Adopted Ordinance No,~~(a5~