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HomeMy WebLinkAboutOrdinance 10083.~ .` .~ ORDINANCE NO. a~ AN ORDINANCE DECREASING THE UNDESIGNATED FUND BALANCE OF THE GENERAL FUND OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1987-1988 BY $9,000 AND APPROPRIATING SAID SUM TO 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 ENROLL- MENT; AND 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 1987-1988 is hereby decreased by appropriating $9,000 to Account No. 12-10-U0, Legal Department, to fund the hiring of outside legal counsel to assist the City Attorney in obtaining and asserting patent rights. SECTION 2. Should any portion, section or part of a section of this ordi- nance 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 e and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 9926 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 instances said conflicting provisions are hereby expressly re- pealed. 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. SECTION 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 or- dained. APPROVED AS TO FORM AND LEGALITY: ~ ~~ City Attorney Date: 3 -2'~ -g ADOPTED: EFFECTIVE: ~ ~ -2- ACCpUNTtNO-2 City of Fort Worth, texas TRAfVSPOR'i~T~NCP.UDLti,yy.~i%a or anc~ Cou~~~~ Communisation NAfER AGf~A1NISTRATIGCa q; LAti'J .1 HEALTH a-TE REFERENCE sue,ECr EMPLOYMENT OF OUTSIDE PAGE :PaR'3'I2'9I88 NUMBER LEGAL COUNSEL G-7509 .- , ar 2 Recommendation It is recommended that the City Council: 1) Adopt 'the attached supplemental appropriation ordinance appropriating $9,000 in the General Fund O1, Legal Department, Account No. 12-10-00. This will result in an increase in the appropriation with General Fund O1 in the amount of $9,000 and a decrease in the General Fund's Unreserved, Undesignated Fund Balance. 2) Retain the law firm of Felsman, Bradley and Gunter pursuant to Section 3, Chapter VI of the City Charter, to consult with and assist the City Attorney concerning legal issues involved in procuring patent rights to a certain invention created with City funds; and 3) Adopt the attached resolution fixing in advance„ as far as practicable, the compensation to be paid to Felsman, Bradley and Gunter for legal services, in an amount not to exceed $9,000.00. Discussion In September of 1987, the City of Fort Worth received a grant of $100,000.00 from the Ford Foundation to support the City's Storm Drain Pollution Control Program. The City Health Department had submitted a grant application outlining the City's program which used low cost innovative technology to detect chemical and biological contaminants in storm drains. As a result of the grant funds received, new means of capturing and measuring storm water runoff have been created. These means are in the form of a device which has great potential to be a marketable low cost means of measuring storm water runoff. Because of the potential for commercial marketability, an employee of the City who helped work on the device has begun proceedings to procure a patent on the device. The grant stipulations provide that patents for inventions created with grant money may not be issued in the name of a private individual. On January 19, 1988, the law firm of Felsman, Bradley and Gunter, renowned in the area of patent law, as consultants, provided to the legal department an opinion setting out the legal position of the City. At this time, staff recommends that Felsman, Bradley and Gunter be retained as outside counsel to assist in this matter. The firm will consult with and assist the City Attorney with complex legal issues involved in the resolution of this matter. It is estimated at this time that fees for the legal assistance of Felsman, Bradley and Gunter in this matter will not exceed $9,000.00. .w_~.,G DATE REFERENCE SUBJECT EMPLOYMENT OF OUTSIDE PAGE 3/29/88 NUMBER LEGAL COUNSEL 2 2 G-7509 or Financing A supplemental appropriation ordinance will be necessary appropriating $9,000 in General Fund Oi, Legal Department, Account No. 12-•10-00 from the General Fund O1, Unreserved, Undesignated fund balance which will be $16,841,128 after this transfer. The expenditure will be made from Index :Code 207829. DAI:wg ~~R~OVEO BY ~~Y~ C®~~~~~. ' ~I AR 29 i9~ ~~~ ~~ ~ ~~~a ~~~~~~~, SUBMITTED FOR THE CITY MANAGER'S gob Terrel 1 OFFICE BY DISPOSITION BY COUNCIL: O APPROVED PROCESSED BY ORIGINATING I. DEPARTMENT HEAD: Wade Adkins X7606 [] OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION I CONTACT D Metri a Benson Adopted Resolution No. `~ DATE Adopted Ordinance No./~~~~