HomeMy WebLinkAboutOrdinance 18571-04-2009Ordinance No. 18571-04-2009
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS tN THE WAFER AND SEWER FUND IN THE AMOUNT OF
5150,000.00, AND DECREASING THE UNAUDITED, UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE
PURPOSE OF ADOPTING A RESOLUTION INCREASING THE AMOUNT TO BE
PAID TO THE LAW FIRM OF WHITAKER, CHALK, SWINDLE & SAWYER, LLP:
PROVIDING FOR A SEVERABIL(TY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES iN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNGIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various Gity departments for Fisca( Year 2008-
2009 in the Budget of the Gity Manager, there shall also be increased estimated receipts and
appropriations in Water and Sewer Fund in the amount of $150,000.00, and decreasing the
unaudited, unreserved, undesignated fund balance by the same amount, far the purpose of
adopting a resolution increasing the amount to be paid to the law firm of Whitaker, Chalk, Swindle &
Sawyer, LLP.
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 shalk be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 18283 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 sadd
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SEGTION 4.
This ordinance shall take effect upon adoption..
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City of Ford Worth, Texas
IVlayor and Council Communication
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Ct3llhICIL ACT1t3fd: Approved ors 412112009 -Res. No, 372?-04-~OU9 8~ C?rd, No.1t35T1-04-
2009
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DATE: Tuesday, Aprii 21, 2009
LqG NAME: 12INCREASE WCSS
REFERENCE Nq.: 0-16541
SUBJECT:
Adopt a Resoiutian Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker,
Chalk, Swindie and Sawyer, LLP, to Assist the City with Legal Matters Concerning the Water Department
and Transportation and Public Works Department Contracts and Litigation in an Additional Sum of
$150,000.00 and Adopt Supplemental Appropriation Ordinance
RECgMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Adapt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $150,400.40 and decreasing the Unaudited, 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 $150,000.00 to assist the City with legal matters concerning the Water Department and
Transportation and Public Works Department contracts and litigation in relation to premature street
failures.
DISCUSSIgN;
By adopting M&G 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 $50,000.04.
M&C G-15680, adopted on April 17; 2007, increased the authorized amount to $150,004.04 and on
September 25, 2407, M&C G-15873 was adopted to increase the authorized amount to `.5240,444.04.
M&C G-16455. adopted February 19, 2048, increased the authorized amounk to X254;444.04. k4&C G
15288, adopted September 34 2408, increased the authorized amount to X350,400 44. ~Jariaus matters
a,~.?ylu't.'.rrt t~M °}`+~ats-:r Cepart=t.yeng and ~t ra+f, i%ti3''strar;ts and rf?v~ e'.serria..:Grs t>f tit , { ftt3' In i. r~yatiC'n s:.+: t'{,erninlt
:ar~C.'~ taa;'ir±rs are ~ to{E r-~ndrng.. E~e;vc~i~..r£-.. tat tkt*3 t°:7t#raisr~itnary in?pCSrtc"Ir~;„~" t1# tii~ ,SaI.iP.S ,"at3ed: it i tt'~e
,r°„Cr t€na~n.fat€or? at fhe a:ity Attorney ro au'Pte~rize an additional surr~ poi 51F3;<i.004.44 to 4^v=hfaker C:t~aik tear
iktr-?i; `i{-~reli!'.e5 CAY#~`er'lrng ittJae tix~i.1~rSCS r?t}t tt}c'x~eed 5{J4,k144.44.
Since the Iasi increase, counsel have been continuing to negotiate arbitration agreements wi#h various
contractors. Several Eawsuits have also been fi#ed against contractors and developers. This M&G is to
!nt`rc=ase t#~e a~a;n;.€nt to be pain :o l~~?h3taker Cho"k fcr these matters and Menem! Conskruct€;an :~>s¢ses Fees
+s tC ~#e ae:!k3r:. i:,:}~t~x rE St`;r' E:€t ~'x3rt ~~d~~.?.°:#trc `,: Ar{.':3L.:lix P:;4t lc. ?,iStk~ ..:. t'.'s it Ft ~,..~.. tf„., :~`. M<{ 'r~'£. '~~£sr~yyc~..,•e t.i:'i{.ter a
4la ~"?t qty:;. 'n€..x.
L,ot~rtumr: l?iti{'RLrl~L:1~"t'S:s 1'a;c 1 of?
The affected streets are located in COUNCIL DISTRICTS 2 and 6.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director cerkifies that upon the 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, Unreserved, Undesignated Fund balance in the Water and Sewer Fund will be
$3,068,322.63 below the 20 percent reserve required by the Financial Management Policy Statement.
FUND CENTERS;
_.
TO_ FundiAccountlCenters FRdM_FundiAccounttCenters
PE45 531200 6641400 $150,000.00
_. _
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CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head;
Additional Information Contact:.
__
Fernando Costa {6122)
David Yett (7623)
Frank Crumb (8246)
Gerald Pruitt {7616}
Jimmy Riddell {7614)
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