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HomeMy WebLinkAboutOrdinance 10552-- ::~ ~. -k . ~ ORDINANCE NO AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND O1,NON-DEPARTMENTAL ACCOUNT NO 90-55-00, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $13;586.63 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 PATENT FILINGS AND LITIGATION OVER DEVICES TO MEASURE AND COLLECT STORMWATER RUNOFF, 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 alloca#ed 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 $13,586 63, 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 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 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date into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 c~Y®~~~(~/ ~ -~ Q --- Effective ~ ~ / _ G- MAS (ER fi1lE 1 ACCOUkTING 2 IRAkSPORTAI"I~JMIPUHL~(:'7'?_ n®~ ~~~ /'e®~~~~~J ~®~~~~~~~~~®~ hA(ER AD+W~N7S7RATwN ~ / 1/`I/ /-, l//!V/ MAI`lAGEM uw. ~ tr "~ ~FA~CES~l REFERENCE SUBJECT EMPLOYMENT OF OUTSIDE LEGAL PAGE NUMBER COUNSEL TO ASSIST THE CITY ATTORNEY IN 2 3-27-90 **G-8525 CERTAIN PATENT MATTERS '°f -- Recommendation• pity of ~o~t worth, ~e.~a~ It is recommended that the City Council: 1. Adopt the attached Resolution increasing to $23,414.32 the total authorized amount to be paid to Felsman, Bradley and Gunter for legal services rendered to the City Attorney in connection with patent filings and consultation concerning ]itigation over devices to measure and collect stormwater runoff; and 2. Adopt the attached supplemental appropriations ordinance increasing appropriations by $13,586.63 in General Fund O1, Non-Departmental Account No. 90-55-00 and decreasing the unreserved, undesignated General Fund 01 Fund balance by the same amount, and 3. Authorize the payment at this time of $11,086.63 to Felsman, Bradley and Gunter for their services rendered and expenses incurred from December 31, 1988, to January 31, 1990. The difference of $2,500.00 will be held in reserve pending final billing for completion of their services rendered. Discussion: On March 29, 1988, the City Council approved M&C G-7509 wherein it adopted a resolution and a supplemental appropriation ordinance in the amount of $9,000 to pay for thej.as~sistance and services of a patent attorney, Mr. Bob Felsman, to assist the C~.ty;Attorney with the legal issues involved in the procurement of patent riglits ~for~'water runoff sampling devices which were created on City time by City employees at City expense. On December 31, 1.988, the City received a statement in the amount of $9,827.69 for Mr. Felsman's services from November 11, 1987, through December 31, 198,8. This exceeded by $827.69 the amount approved by Council. The statement wd~'reviewed by the City Attorney's staff, the charges were o. ~ ...Y .._--_ found to be reasonable and payment was recommended. Since the pursuit of patent rights on the initial device began, a second device to measure and collect samples of storm water outflow was developed. Because the initial appropriation for attorney fees did not contemplate the discovery of the second device and attendant patent fees or the costs of litigation, an additional $10,000 was estimated to cover these expenses. On February 14, 1989, the Council authorized the sum of $19,827.69 as the total amount for attorney's fees incurred and anticipated to be incurred in regard to the two patent applications (M&C No. G-7918). To date, only $9,827.69 has actually been paid to Felsman, Bradley and Gunter, and the sum of $10,000.00 which was also appropriated but not expended has since "expired" with the fiscal budget of 1988-1989. DATE REFERENCE suB.lECT EMPLOYMENT OF OUTSIDE LEGAL PAGE NUMBER COUNSEL TO ASSIST THE CITY ATTORNEY IN 2 2 3-27-90 **G-8525 CERTAIN PATENT MATTERS _of Within the last thirty days, the U.S.~Patent Office has sent written confirmation that the first sampling device is patentable. Barring any unforeseen problems, it appears that a U.S. Patent will be issued to the City of Fort Worth. Although the second application has not yet been approved, it appears that the second application should also be successful. The City Manager's office recommends continued pursuit of both patent applications because the devices should be marketable nationwide on a profitable basis well above the development costs expected to be incurred. Financing. Upon adoption of the attached supplemental appropriations ordinance, sufficient funds will be available in General Fund O1, Non-Departmental Account No. 90-55-00, Consultant Fees. Expenditures will be made from Index Code 328005. Thereafter, the General Fund O1 Unreserved, Undesignated fund balance will be $27,108,122. WA.i ti'PPRDlfEO BY, CITY C4UNClL hy:~1f7 r~~ ~R~~/Q~"06p,~A Ci•y Soateta><p of tb~ Gi, y of Fort Wort2y T~Kp~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Mike Groomer 6122 DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Wilde Adkln$ 762.3 CITY SECRETARY FOR ADDITIONAL INFORMATION TACT Terr Vernon 75D5 Adopted Ordinance No. ~ DATE CON Ad~ptzd ResOlut~on fVo.