HomeMy WebLinkAboutOrdinance 19696-05-2011Ordinance No. 19696-05-2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $66,000.00, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR THE PURPOSE OF FUNDING ASSISTANCE WITH LEGAL MATTERS
CONCERNING PREMATURE STREET FAILURES; 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 2010-2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of $66,000.00, and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose of funding assistance in legal matters concerning 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.19355 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ordinances and appropriations are hereby expressly repealed.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:
Assistan City Ate ey
ADOPTED AND EFFECTIVE: Mav 24, 2011
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/24/2011 -Resolution No. 3988-05-2011 & Ordinance No.
19696-05-2011
DATE: Tuesday, May 24, 2011 REFERENCE NO.: "G-17278
LOG NAME: 12WHITAKER CHALK INCREASE FS GENERAL 04-11
SUBJECT:
Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with Legal Matters Concerning Premature
Street Failures in an Additional Sum of $66,000.00 and Adopt Supplemental Appropriation Ordinance and
Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of the General Fund by the Same
Amount (COUNCIL DISTRICTS 2 and 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $66,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
2. Authorize the City Manager to adopt a resolution increasing the maximum amount to be paid to
Whitaker, Chalk, Swindle and Sawyer, L.L.P., by $66,000.00, for assisting the City with legal matters
concerning premature street failures.
DISCUSSION:
On June 20, 2006, the City Council approved retaining the law firm of Whitaker, Chalk, Swindle and
Sawyer, L.L.P., (Whitaker Chalk) to assist the City with various legal issues regarding the City's Water
Department and Transportation and Public Works Department contracts related to premature street
failures. (M&C G-15239). Due to the complexity and number of issues related to premature street failures,
the authorized amount was increased from the initial $50,000 to a total of $920,0000 between 2007 and
2009. (M8C G-15680; M&C G-15873; M8~C G-16055; M&C G-16288; M&C G-16541; M&C G-16770; M&C
G-16893; M&C G-16993; and M&C G-17125).
The legal issues regarding the Water Department and Transportation and Public Works Department
contracts and representation of the City in litigation are still pending.
There are outstanding invoices remaining of approximately $56,000.00 for services rendered. Due to the
importance of the issue to the City and to fulfill the direction of the City Council, it is the recommendation
of the City Attorney and the City Manager that the amount to be paid to Whitaker Chalk be increased by
an additional $66,000.00, to an amount not to exceed $986,000.00.
The affected streets are located in COUNCIL DISTRICTS 2 and 6.
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 04-11 Page 1 of 2
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services 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 General Fund. Upon approval, the unaudited, unreserved,
undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the
Financial Management Policy Statements.
FUND CENTERS:
TO Fund/Account/Centers
GG01 538110 0121000
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$66,000.00 GG01 538110 0121000
Fernando Costa (6122)
Sarah Fullenwider (8006)
Frank Crumb (8246)
Gerald Pruitt (7616)
Harvey Frye (8715)
$66,000.00
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