HomeMy WebLinkAboutOrdinance 18076-05-2008Ordinance No. 18076-05-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER AND SEWER FUND BY $50,000 AND
DECREASING THE UNRESERVED, DESIGNATED FUND BALANCE OF THE
WATER AND SEWER FUND BY THE SAME AMOUNT FOR THE PURPOSE OF
AUTHORIZING THE MAXIMUM AMOUNT TO BE PAID TO GREGORY
GEOTECHNICAL TO BE INCREASED TO $150,000 FOR EXPERT WITNESS
SERVICES REGARDING PREMATURE STREET FAILURES; PROVIDING FOR
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
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 2007-
2008 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Water and Sewer Fund by $50,000 and decreasing the unreserved,
designated fund balance of the Water and Sewer Fund by the same amount for the authorizing the
maximum amount to be paid to Gregory Geotechnical to be increased to $150,000 for expert
witness services regarding premature street failures.
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. 17749 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
A ROVED~~!AS F RM AND LEGALITY:
V1
A istant City Attorney
ADOPTED AND EFFECTIVE: May 6, 2008
City of Fort or~t~, Texas
Mayor and Council Communication
GOUNCIL ACTION: Approved on 5/6/2008 -Res. # 3616-05-2008 ~ Ord. # 18076-05-2008
DATE: Tuesday, May 06, 2008
LOG NAME: 12GEOINCREASE
REFERENCE NO.: G-16127
SUBJECT:
Adopt Resolution to Increase the Maximum Amount to be Paid to Gregory Geotechnical for Expert
Witness Services Regarding Premature Street Failures in an Amount Not to Exceed $150,000 and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $50,000 and decreasing the unreserved, designated fund balance of the Water and Sewer
Fund by the same amount; and
2. Adopt the attached resolution authorizing the maximum amount to be paid to Gregory Geotechnical
("Geotech") be increased to $150,000 to further fund the contract with Geotech.
DISCUSSION:
Geotech has provided geotechnical services for the City for a number of years. Geotech's services are
needed for further evaluation of premature street failures as well as expert witness services in the
prosecuting of claims by the City.
By adoption of M&C No. G-15666 on April 10, 2007, City Council authorized an agreement with Gregory
Geotechnical concerning evaluation of premature street failures.
M&C G16041, adopted on February 12, 2008, authorized payment to Geotech in an amount not to exceed
$50,000. To date, Geotech has billed the City $49,061.08 for its services. Geotech has been providing
geotechnical services relating to premature street failures. Because of the importance of the issues raised,
it is the opinion of the City Attorney to authorize an additional sum of $100,000 to Geotech for their services
concerning these matters, not to exceed $150,000.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget of the General Fund
and that upon approval of the above recommendations and adoption of the attached supplemental
appropriation ordinance, funds will be available in the current operating budget, as appropriated of the
Water and Sewer Fund. Upon approval, the unaudited available cash balance of the Water and Sewer Fund
will be $47,642,228. Financial Management Policy Statements state that the City shall strive to maintain
the Water and Sewer Fund operating reserve at an amount equaling 20 percent of the current year budget
appropriation for the operation and maintenance, which is defined as the total budget less debt service and
capital project expenditures.
Lognaine: 12GEOINCREASE Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG01 531200 0905500 $50,000.00
PE45 531200 0601000 $50,000.00
Submitted for City Manager's Office bv: Fernando Costa (8042)
Originating Department Head: David Yett (7623)
Gerald Pruitt (7616)
Additional Information Contact: James Riddell (7614)
Logname: 12GEOINCREASE Page 2 of 2