HomeMy WebLinkAboutResolution 3646-08-2008A Resolution
No. 3646-08-2008
A Resolution for the Employment of Michael J Booth with the Law Firm of Booth, Ahrens and
Werkenthin, P C., as Outside Legal Counsel to Advise the City Concerning the Negotiation and
Drafting of the New Wholesale Water Contracts
WHEREAS, the Ctty of Fort Worth has entered into several Wholesale Water Contracts for the
sale of treated water and which will expire in 2010• and
WHEREAS a specific need has arisen to address legal Issues involved with negotiating and
drafting wholesale water contracts, and
WHEREAS, Michael J Booth with the law firm of Booth, Ahrens and Werkenthin, P C has
substantial expertise m negotiating and drafting wholesale water contracts and has agreed to assist the City
in this matter
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
1
That the City Attorney is hereby authorized to retain Michael J Booth with the law firm of
Booth, Ahrens and Werkenthin, P C as outside counsel pursuant to Chapter VI Section 3 of the Crty
Charter to assist and advise the City Attorney m the undertaking of certain procedures related to the
negotiation and drafting of new wholesale water contracts.
2.
That, as far as practicable, the compensation to be paid to the law firm of Booth, Ahrens and
Werkenthin, P C shall not exceed fourteen thousand seven hundred dollars ($14 700 )
AND IT IS SO RESOLVED
Adopted this 19th day of August, 2008
APP~iOVED
CITY COUNCIL
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Marry Hendri
-City Secretary
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City Sec t fhe
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 8/19/2008 Res No 3646-08-2008 & Ord No 18221-08-2008
DATE Tuesday August 19 2008
LOG NAME 12WHOLESALECONT REFERENCE NO **G 16231
SUBJECT
Adopt Resolution Authorizing the Employment of Outside Legal Counsel in an Amount Not to
Exceed $14 700 00 to Assist and Advise the City on Legal Issues Related to the Negotiation and
Drafting of the Wholesale Water Contracts and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
1 Adopt the attached resolution authorizing the City Attorney to retain the law firm of Booth Ahrens and
Werkenthin P C and designate Michael J Booth as outside legal counsel pursuant to Chapter VI Section
3 of the City Charter to assist the City Attorney with legal issues related to the negotiation and drafting of its
Wholesale Water Contracts and designating in advance as far as practicable the compensation to be paid
to Booth Ahrens and Werkenthin P C in an amount not to exceed $14 700 00' and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Wastewater Fund by $14 700 00 and decreasing the unaudited unreserved undesignated fund balance by
the same amount.
DISCUSSION
The Water Department and its wholesale water customers .have used the Wholesale Water Contract as the
agreement by which customer cities have bought treated water from Fort Worth These contracts will expire
on December 31 2010
In advance of this expiration date the Water Department sought proposals from qualified firms with
technical industry and. legal expertise specific to these wholesale water agreements to assist staff in the
review and negotiation of new Wholesale Water Contracts with its wholesale water customers An
evaluation team consisting of staff and representatives of the Wholesale Customer Advisory Committee
reviewed the proposals and presentations by the firms consulting The team recommended that the Water
Department contract with R.W Beck, Inc The Water Department, by a separate M&C is recommending
that R.W Beck, Inc be awarded the contract to assist the City with technical and industrial expertise in
negotiating the new Wholesale Water Contract. R.W Beck, Inc. has suggested that Booth Ahrens and
Werkenthin P C serve as the legal counsel to assist the City in drafting and negotiating the new
Wholesale Water Contracts.
If the City Council approves the recommendation of R.W Beck, Inc as the consultants for the new
Wholesale Water Contracts by a separate M&C then subsequent to said approval in accordance with
Chapter VI Section 3 of the City Charter the City Attorney recommends that Mr Michael J Booth with the
law firm of Booth Ahrens and Werkenthin P C be retained to assist the City Attorney with regard to the
legal issues concerning the negotiation and drafting of new Wholesale Water Contracts.
Logname 12WHOLESALECONT Page 1 of 2
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies 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 Wastewater Fund Upon approval the unaudited unreserved undesignated
cash balance of the Water and Wastewater Fund will be $18 609 575 46
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0609000 $14,700.00 PE45 539120 0609000 $14,700.00
Submitted for City Manager's Office by:
Originatina Department Head.
Additional Information Contact:
Karen Montgomery (6222)
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Christa Lopez (8984)
Skipper Shook (8402)
Logname 12WHOLESALECONT Page 2 of 2