HomeMy WebLinkAboutOrdinance 22272-06-2016 ORDINANCE NO.22272-06-2016
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE PACS GAS LEASE
CAPITAL PROJECTS FUND IN THE AMOUNT OF $690,387.15, IN THE AVIATION GAS
LEASE CAPITAL PROJECTS FUND IN THE AMOUNT OF$2,538,435.81,IN THE MUNICIPAL
GOLF GAS LEASE CAPITAL PROJECTS FUND IN THE AMOUNT OF $270,733.98, IN THE
WATER/SEWER GAS LEASE CAPITAL PROJECTS FUND IN THE AMOUNT OF $129,556.72,
IN THE LAKE WORTH GAS LEASE CAPITAL PROJECTS FUND IN THE AMOUNT OF
$591,696.87, IN THE GENERAL GAS LEASE CAPITAL PROJECTS FUND IN THE AMOUNT
OF$1,770,732.76,IN THE FORT WORTH HOUSING FINANCE CORPORATION FUND IN THE
AMOUNT OF $6,061.74, AND IN THE FORT WORTH LOCAL DEVELOPMENT
CORPORATION FUND IN THE AMOUNT OF$2,394.97; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL 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 Fiscal Year 2015-2016 in the Budget of the
City Manager,there shall also be increased estimated receipts in the PACS Gas Lease Capital Projects Fund in the amount of
$690,387.15, in the Aviation Gas Lease Capital Projects Fund in the amount of$2,538,435.81, in the Municipal Golf Gas
Lease Capital Projects Fund in the amount of$270,733.98, in the Water/Sewer Gas Lease Capital Projects Fund in the
amount of$129,556.72, in the Lake Worth Gas Lease Capital Projects Fund in the amount of$591,696.87, in the General
Gas Lease Capital Projects Fund in the amount of$1,770,732.76, in the Fort Worth Housing Finance Corporation Fund in
the amount of$6,061.74,and in the Fort Worth Local Development Corporation Fund in the amount of$2,394.97.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason
by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions,
sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other
ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are
hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
kA-A�,,
C vista Reynolds, ssi t City Attorney Mary .K y e taffy
ADOPTED AND EFFECTIVE: June 14,2016
Ordinance No. 22272-06-2016
Page 1 of 1
City �
of Fort Worth, Texas
Mayor0��N =� Council � ��"
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�COUNCIL _: Approved Ordinance
DATE: Tuesday, June 14. 2O1O REFERENCE NO.: G-18758
LOG NAME: 21T]TAL8ETTLE[NENT
SUBJECT:
Authorize Allocation in the Amount of$O.00O.0O0.0Oto Various Capital Project FundoofRevenuen
Received from Total E&P. Inc., and Total {3ee & Power North America, Inc., Related tothe Settlement of
Litigation for Underpayment of Royalties Per Natural Gas Lease Terms, Adopt Appropriation Ordinance
and Authorize Expenditures in the Amount of$2,098,417.70 for Legal Fees and Expenses Associated with
the Litigation Settlement (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
|tio recommended that the City Council:
1. Suspend the existing Financial Management Policy Statements by allowing the funds received from the
Total E&P (USA), Inc., and Total Gas & Power North America, Inc., settlement to be used solely for Poy-
Ao-you-Go Capital Projects andnotp/ooinganyofthesett|ementfundajntotheFortVVorthPermanent
Fund Trust or the Golf Debt Service Fund;
2. Authorize the allocation of$0.0OO,OUO.00in gross revenues derived from the gas lease litigation
settlement to various capital funds projects bosedonapro-rotoohareofthaproueedeforuoeinPoy+4e'
You-GoCopita/ Projects where the amount of$690,387.15 is allocated to PACS Gas Lease Capital
Projects, $2.538.435.81 is allocated to Aviation Gas Lease Capital Projects, $270.733.98 is allocated to
Municipal Golf Gas Lease Capital Projects, $12S.550.72iea||ooatedtoVVatgr/GewerGoeLeaoeCapita|
Projects, $591.690.87 ie allocated to Lake Worth Gas Lease Capital Projects, $1.77O,732.78ioallocated
to General Gas Lease Capital Projects, $8.081.74 is allocated to the Fort Worth Housing Finance
Corporation Fund and $2,394.97 is allocated to the Fort Worth Local Development Corporation;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
total amount of$2,098,417.70 from available funds derived from litigation settlements to cover legal fees
and other expenses in the various capital projects fundob000donapro-nateoharovvhoremnpeneeinthe
amount of$241.455.88io charged tnPAC8 Gas Lease Capital Projects, $887.783.03 /eohargedto
Aviation Gas Lease Capital Projects, $84.8#5.5OioohargedtoK8unioipa| Go|fGaeLeaaeCopito| Projects,
$45.31O.S7io charged to Water/Sewer Gas Lease Capital Projects, $208.937.77 /ooharQedtoLokeVVorth
Gas Lease Capital Projects, $819.287.13ioohargedtoGenena/ GaaLease [|apito| F`r jeote. $2.12O.O1io
charged to the Fort Worth Housing Finance Corporation Fund and $837.61 is charged to the Fort Worth
Local Development Corporation; and
4. Authorize expenditures in the amount of$2,098,417.70 for legal fees and other expenses associated
with litigation settlements eo detailed in Recommendation 3.
DISCUSSION:
In September 2013, as a result of a partial audit of the oil and gas leases held by Chesapeake Operating,
Inc. (Chesapeake) and Total E&P. USA (Total), the City of Fort Worth determined that Chesapeake and
Lognamc: 21TOTALS8TTCEMENI Page 1 of
Total had significantly underpaid royalties to the City.
On October 22, 2013 (Mayor and Council Communication (M&C) G-18047), the City engaged the services
of Ralph Duggins of the firm Cantey Hanger, L.L.P., to represent the City in subsequent litigation against
Chesapeake and Total for breach of contract and the underpayment of royalties. The subsequent
contracts executed between the City and its corporate entities and Cantey Hanger L.L.P., allowed
attorneys to recover 33-1/3 percent of any amounts or value received by the City and the corporate
entities, whether by way of settlement or judgment from a court, as well as recovery for the direct costs
and expenses incurred by the attorneys. (City Secretary Contract Nos. 45030, 45287 and 45288).
In 2013, the City and the corporate entities filed lawsuits alleging that Total and Chesapeake breached
their obligations under the City and corporate entity leases by underpaying royalties per the lease terms.
In January, 2016, Total offered to settle the litigation for$6,000,000.00, representing the 25 percent
ownership of the leases it had acquired from Chesapeake in 2009. The City and Total determined that it
was in their respective best interests to resolve the lawsuit (Cause No. 48-268798-13). The Settlement
provided that Total would pay the amount of$6,000,000.00 and execute an amendment to each of the
leases for Total's interests to ensure agreed upon methods of calculating future royalties. The settlement
was approved by Council on March 22, 2016 (M&C G-18694), and separately approved by the boards of
the corporate entities.
The Total Settlement distribution was received from Cantey Hanger, L.L.P., on March 24, 2016 in the
amount of$3,901,582.30 ($6,000,000.00 Total Settlement less attorney contingency fee of$2,000,000.00
and other attorney fees of$98,417.70). The allocation of revenues and expenditures for the City are
outlined in the recommendations. Wire transfers for revenues allocated to the corporate entities will be
sent separately to their respective bank accounts based on the separation of these entity funds from the
City funds. The Fort Worth Housing Finance Corporation will receive net revenue of$3,941.73. The Fort
Worth Local Development Corporation will receive net revenues of$1,557.36. Separate actions will be
taken by the respective boards of the corporate entities to allocate the Total Settlement revenues
received.
The City's Financial Management Policy Statements (FMPS) allocate gas lease revenue to Capital funds,
Endowment funds, the Golf Debt fund and the corporate entities. This M&C suspends the FMPS and
allocates revenue to capital funds and corporate entities only and does not allocate any settlement funds
to the Fort Worth Permanent Fund Trust or the Golf Debt Fund.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the Property Management Department is responsible for the
allocation of the proceeds and expenses from the gas lease litigation settlement and that upon approval of
the above recommendations and adoption of the attached appropriation ordinance, funds will be available
in the current capital budget, as appropriated, of the various capital project funds.
Logname: 21TOTALSETTLEMENT Page 2 of 3
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program ctivity Budget Reference # Amount
ID ID Year Chartfield 2
2&3 33002 0800450 4800200 UNSGAS 2016 $660,608.21
12&3 3002 0800450 4800200 UN9687 2016 $3,815.10
3002 0800450 4800200 UN9648 2016 $25,963.84
3002 0550435 4800200 UNSPEC 2016 $2,538,435.81
3004 0800450 4800200 UNSPEC 2016 $270,733.98
3004 0600430 4800200 UNSPEC 2016 $86,371.17
L2&3)15300 0600430 4800200 UNSGAS 2016 $43,185.55
2&3)33001 0600430 4800200 UNSPEC 2016 $591,696.87
H2&3 33005 0214040 4800200 B60001 2016 $1,770,732.761
3 33002 0800450 5520114 UNSGAS 2016 $231,040.88
3 33002 0800450 5520114 UN9687 2016 $1,334.30
3 33002 0800450 5520114 UN9648 2016 $9,080.50
3 53002 0550435 5520114 UNSPEC 2016 $887,783.03
3 33004 0800450 5520114 UNSPEC 2016
3 53004 0600430 5520114 UNSPEC 2016 $94,685.50
3) 53004 0600430 5520114 UNSGAS 2016 $30,207.30
$15,103.67
3) 33001 0600430 5520114 UNSPEC 2016
3 33005 0214040 5520114 B60001 2016 $206,937.77
$619,2R7_1-4
FROM
Fund Department Accouni Project Program ctivity Budget Reference # Amount
ID ID Year Chartfield 2
33002 0800450 5520114 UNSGAS UN9200 2016 1$231,040.88
33002 0800450 5520114 UN9687 UN9200 2016 $1,334.30
33002 0800450 5520114 UN9648 UN9200 2016 $9,080.50
53002 0550435 5520114 UNSPEC UNSPEC 2016 $887,783.03
33004 0800450 5520114 UNSPEC UN9200 2016 $94,685.50
53004 0600430 5520114 UNSPEC UN1400 2016 $30,207.30
j�3 53004 0600430 5520114 UNSGAS UN1400 2016 $15,103.67
3001 0600430 5520114 UNSPEC UN1500 2016 $206,937.77
30 05 0214040 1 55201141 0001 1 6 $619,287.13
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5143)
Forrest Brown (6328)
Additional Information Contact: Alphonsine Kabasele (8183)
I
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