HomeMy WebLinkAboutOrdinance 18310-09-2008Ordinance No. 18310-09-2008
AN ORDINANCE INCREASING APPROPRIATIONS IN THE WATER AND
SEWER FUND IN THE AMOUNT OF $50,000 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT,
FOR THE PURPOSE OF INCREASING THE AMOUNT TO BE PAID TO
WHITAKER, CHALK, SWINDLE & SAWYER, LLP, ("WHITAKER CHALK") TO
ASSIST THE CITY IN MATTERS CONCERNING CONTRACTS FOR THE
WATER DEPARTMENT AND TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT; PROVIDING FOR A 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 appropriations in the Water
and Sewer Fund in the amount of $50,000 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose increasing the amount to be paid to Whitaker, Chalk,
Swindle & Sawyer, LLP, ("Whitaker Chalk") to assist the City in matters concerning contracts for the
Water Department and Transportation and Public Works Department.
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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
APPROVED AS TO~~FO~/RM AND LEGALITY:
Assi 'ant City Attorney
ADOPTED AND EFFECTIVE: September 30, 2008
C~ ®f ~®rt ®r~h, 1"exas
IViayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2008 -Res. No. 3662-09-2008 & Ord. No. 18310-09-2008
DATE: Tuesday, September 30, 2008
LOG NAME: 12WHITAKER 300 REFERENCE NO.: ~*G-16288
SUBJECT:
Adopt Resolution Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker, Chalk, Swindle and Sawyer, LLP, to Assist the City in Matters Concerning the Water
Department and Transportation and Public Works Contracts in an Amount Not to Exceed
$50,000.00 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 $50,000.00 and decreasing the unreserved, undesignated fund balance by the same
amount; and
2. Adopt a resolution increasing the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer,
LLP, by $100,000.00 to assist the City in matters concerning the Water Department and Transportation and
Public Works contracts relation to premature street failures.
DISCUSSION:
By adopting M&C G-15239 on June 20, 2006, the City Council approved Whitaker, Chalk, Swindle and
Sawyer, LLP (Whitaker Chalk), to assist the City with various legal issues regarding the City's Water
Department and Transportation and Public Works Department (TPW) contracts and authorized payment to
Whitaker Chalk in an amount not to exceed $50,000.00.
M&C G-15680, adopted on April 17, 2007, increased the authorized amount to $150,000.00 and on
September 25, 2007, M&C G-15873 was adopted to increase the authorized amount to $200,000.00. M&C
G-16055, adopted February 19, 2008, increased the authorized amount to $250,000.00. To date, Whitaker
Chalk has billed the City $243,997.75 for its services. Various matters concerning Water Department and
TPW contracts and representation of the City in litigation concerning such matters are still pending.
Because of the extraordinary importance of the issues raised, it is the recommendation of the City Attorney
to authorize an additional sum of $100,000.00 to Whitaker Chalk for their services concerning those matters
not to exceed $350,000.00.
Since the last increase counsel have been negotiating arbitration agreements with various contractors. This
M&C is to increase the amount to be paid to Whitaker Chalk for these matters and general construction
issues. Fees for litigation lawsuit costs will be addressed under a separate M&C.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
funds will be available in the current operating budget, as appropriated, of the General Fund and Water and
Logname: 12WHITAKER 300 Page 1 of 2
Sewer Fund. Upon approval, the unaudited available cash balance of the Water and Sewer Fund will be
$8,521,439.46 which is the amount available above the minimum reserve cash balance of $37,227,484.80
required by the City's Financial Management Policy Statements (i.e., 20 percent of the current-year adopted
budget expenditures less debt service and capital projects).
TO Fund/AccountlCenters FROM Fund/AccountlCenters
PE45 531200 0601000 X50,000.00 GG01 539120 0905500 X50,000.00
PE45 531200 0601000 $50,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: David Yett (7623)
Frank Crumb (8246)
Additional Information Contact: Gerald Pruitt (7616)
Jimmy Riddell (7614)
Lognaine: 12WHITAKER 300 Page 2 of 2