HomeMy WebLinkAboutOrdinance 18221-08-2008Ordinance No. 18221-08-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER AND WASTEWATER FUND BY $14,700
AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND
BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF RETAINING
OUTSIDE LEGAL COUNSEL TO ASSIST AND ADVISE THE CITY ON LEGAL
ISSUES RELATED TO THE NEGOTIATION AND DRAFTING OF THE
WHOLESALE WATER CONTRACTS; 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 Wastewater Fund by $14,700 and decreasing the unaudited,
unreserved, undesignated fund balance by the same amount for the purpose of retaining outside
legal counsel to assist and advise the City on legal issues related to the negotiation and drafting of
the wholesale water contracts.
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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
ADOPTED AND EFFECTIVE: August 19, 2008
Cif of fort VVorth9 Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/19/2008 -Res. No. 3646-08-2008 & Ord. No. 18221-08-2008
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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/AccountlCenters FROM Fund/AccountlCenters
PE45 539120 0609000 $14.700.00 PE45 539120 0609000 $14.700.00
Submitted for City Manager's Office bk
Originating 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