HomeMy WebLinkAboutOrdinance 10251a
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ORDINANCE N0. ~ Day ~
AN ORDINANCE DECREASING THE UN DESIGNATED FUND BALANCE
OF THE GENERAL FUND OF THE CITY OF FORT WORTH FOR
FISCAL YEAR 1988-1989 BY $10,827.69 AND APPROPRIATING
SAID SUM T 0 ACCOUNT NO. 12-10-00, LEGAL DEPARTMENT, FOR
THE PURPOSE OF HIRING OUTSIDE LEGAL COUNSEL TO ASSIST
THE CITY ATTORNEY IN OBTAINING AND ASSERTING PATENT
_ RIGHTS; 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; AN D PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1 .
That the undesignated general fund balance of the General
Fund of the City of Fort Worth for Fiscal Year 1988-1989 is
hereby decreased by appropriating $10,827.69 to Account
No. 12-10-00, Legal Department, to fund the retention of outside
legal counsel to assist the City Attorney in obtaining and
asserting patent rights.
SECT ION 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. 10151 and all other ordinances and appropriations amending
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the same except in those instances where the provisions of this
ordinance are in direct conflict with such other ordinances and
appropriations, in which instances said conflicting provisions
are hereby expressly repealed.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 of this ordinance in the minutes of
the City Council and by filing the ordinance in the ordinance
records of the city.
SECT ION 5.
That 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 FO AND LEGALITY:
City Attorney
Date: ~-~~ ~ ~
ADOPTED: .~ ' ~ ~ -gq
EFFECTIVE : aZ ` ~ ~ - g~
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DATE REFERENCE SUBJECT: ~'~~~~ ~-v ~ n~ n i vi vv ~ .~ i v~ a.tiv..~. PAGE
NUMBER COUNSEL 2
G-7918 1 °'
RECOMMENDATION ~`
It is recommended that the City Council
1. Adopt the attached Resolution increasing to $19,827.69 the total
amount allowed to be paid to Felsman, Bradley and Gunter for legal
services rendered to the City Attorney in connection with patent fil-
ings and consultation concerning litigation over devices to measure
stormwater runoff.
2. Adopt the attached supplemental appropriation ordinance appropriating
$10,827.69 in the General Fund O1, Legal Department, Account No ..
12-00-00. This will result in an increase in the appropriation in
the General Fund O1 in the amount of $10,827.69 and a decrease in the
General Fund's Unreserved, Undesignated Fund Balance.
3. Authorize the payment of $9,827.69 to Felsman Bradley and Gunter for
their services rendered from November 11., 1987 to December 31, 1988.
nTSr.ussl~N
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 the assistance and services of a patent attorney, Mr.
Bob Felsman, to assist the City Attorney with the legal issues involved in
the procurement of patent rights for water runoff devices which were cre-
ated on City time by City employees at City expense.
On December 31, 1988, the Gity received a statement from Mr. Felsman
for the amount of $9,827.69 for his services from November 11, 1987
through December 31, 1988. This amount is in excess of the amount
approved by Council in the supplemental appropriation ordinance by $827.69.
The statement has been reviewed by the City Attorney's staff and the
charges,have been found to be reasonable and payment is recommended.
Since the pursuit of patent rights on the initial device began, a second
device to measure storm water outflow has been discovered. It appears
that both devices were created during the same time period.
Because the initial appropriation for attorney fees did not contemplate
the discovery ~of the second device and attendant patent fees or the costs
of lit`gatiori,*an additional $10,000 is required to cover these expenses.
F I NANC_I NG~ ;
Upon adoption of the attached supplemental appropriations ordinance, suf-
ficient funds will be available in General Fund O1, Legal Department
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DATE REFERENCE sue.lECT EMPLOYMENT OF OUTSIDE LEGAL PAGE
NUMBER COUNSEL
2
2-14-89 G-7918 ~ °t
Account No. 12-10-00. Expenditures will be made from Index Code 207829.
The-General Fund O1 Unr eserved, Undesignated fund balance will be
$18,041,112.
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Attachment
APPROVED BY
FE8 .~ I~ay
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_ Cia'q Secretarq~ of the
~3~ City of For. Wor.h, ..exalt
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SUBMITTED fOR THE
CITY MANAGER'S
mon Gua jardo
R DISPOSITION BY COUNCIL.
APPROVED
^ PROCESSED BY
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OFFICE BY _
^ OTHER (DESCRIBE)
ORIGINATING
DEPARTMENT HEAD• Wade Adkins
CITY SECRETARY
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FOR ADDITIONAL INFO MAT ON
Benson 763
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CONTACT