HomeMy WebLinkAboutOrdinance 7324 ORDINANCE NO. r7x'
AN ORDINANCE APPROPRIATING REVENUE OF THE
CITY IN EXCESS OF ITS TOTAL ESTIMATED IN-
COME AS SET FORTH IN THE ANNUAL BUDGET FOR
THE PURPOSE OF SELECTING AND ENGAGING RATE
CONSULTANTS, ACCOUNTANTS, AUDITORS, ATTORNEYS,
ENGINEERS, OR ANY COMBINATION THEREOF, TO
CONDUCT INVESTIGATIONS, PRESENT EVIDENCE AND
ADVISE THE CITY COUNCIL; PROVIDING THAT THE
LONE STAR GAS COMPANY REIMBURSE THE CITY FOR
THE COSTS OF SUCH SERVICES; PROVIDING A SEV-
ERABILITY CLAUSE; MAKING THIS ORDINANCE CUM-
ULATIVE OF PRIOR APPROPRIATION ORDINANCES;
REPEALING 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 the City Manager of the City of Fort Worth shall
be provided with revenue from the various sources included
in the appropriation ordinance and tax levy ordinance and
in the Budget of the City Manager; and in addition thereto
there is hereby appropriated the sum of Twenty Five Thousand
and N0/100 Dollars ($25,000.00) of excess revenue and/or un-
appropriated surplus to meet the requirements of the reso-
lution adopted by the City Council on March 17, 1976, author-
izing the City Manager to conduct hearings concerning the
operation and rate structure of the Lone Star Gas Company
in the City of Fort Worth.
The City Manager is also authorized and directed to select
and engage rate consultants, accountants, auditors, attorneys,
engineers, or any combination thereof, to conduct investigations,
present evidence and advise the City Council and assist with lit-
igation on public utility rate-making proceedings as authorized
by Section 24 of Article IV of Article 1466(c) , Revised Civil
Statutes of Texas, as amended;and the Lone Star Gas Company
shall be required to reimburse the City of Fort Worth for
the costs of such services for which this special approp-
riation is initially made.
SECTION 2.
Should any part, portion, section or part of a section
of this ordinance be declared invalid or inoperative or void
for any reason by a court of competent jurisdiction, such
decision, opinion or judgment shall in no way affect the
remaining portions, parts, sections or parts of sections of
this ordinance, which provisions shall be, remain and continue
to be in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance
No. 7206, but all other ordinances and appropriations for
which provision has been heretofore made are hereby express-
ly repealed if in conflict with the provisions of this
ordinance.
SECTm N 4.
That this ordinance shall take effect and be in full
force and effect from and after the date of its passage, and
it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
,RO
' re40040�
S. G. JOHNDROE, JR.
City Attorney
ADOPTED:
EFFECTIVE: S J
IFILE City of Fort Worth, Texas
LINE
BAILIFF .Mayor and Council Communication
flttAKAM
DATE REFERENCE SUBJECT: PAGE
,{ �H NUMBER
4/5/76 G-3010 Lone Star Gas Company Rate Hearing lot --2
On Wednesday, March 17, 1976, the City Council adopted a resolution author-
izing and directing the City Manager to -conduct hearings, receive and com-
pile evidence, make investigations, analyze the evidence presented, and
make recommendations to the City Council concerning all aspects of the
operation and rate structure of Lone Star Gas Company in the City of Fort
Worth.
A number of individuals have been considered for serving as hearing exami-
ner and Mr. Robert H. McLean has been selected as the most appropriate. He
has previously served as an appointed member of the Citizens Utility Board
and neither he nor the firm with which he is associated represents any
utility companies. He has agreed to serve in this capacity on a profes-
sional fee basis for the amount of time required. The staff also recom-
mends that a court reporter be engaged to record and transcribe all testi-
mony presented at the hearing.
The resolution also authorized the City Manager to determine what, if any,
additional specialists are needed to conduct investigation, present evi-
dence, exhibits, advise and represent the City Council and to make appro-
priate recommendations to the City Council. Based on the preliminary
information presented by Lone Star Gas and.-the expected nature of the hear-
ing, it is anticipated that several specialists will, be needed to assist
the City during the hearing. To expedite matters and reduce delay, it is
recommended that the City Manager be authorized, as needed during the
investigation, to select and engage and pay on a professional, fee basis
such specialists. The costs for these specialists may be billed to Lone
Star Gas Company at the conclusion of the case in accordance with Article
IV, Section 24 of Article 1446c, the Texas Public Utilities Regulation Act.
To provide funds during the interim it will be necessary to appropriate
funds from prior year revenues to Finance Administration to pay the various
specialists engaged.
Recommendations
It is recommended that:
(a) The City Council approve the selection of Robert H. McLean to
serve as hearing examiner- to be paid. at his professional fee rate
for the time required;
(b) The City Manager be authorized .to engage a qualified Court Repoi-
ter to record and transcribe all testimony and to be paid at pro-
fessional rates;
DATE REFERENCE SUBJECT: PAGE
NUMBER
4/5/76 G-3010 Lone Star Gas Company Rate Dearing 2 _ or _2
(c) The City Manager be authorized to select other specialists as
required during the investigation-: and analysis.aad. that they be
paid at their professional fee- rate for, the time required;
(d) A sum of $25,000 be appropriated by adoption of the attached
special ordinance to pay for these services;
(e) After all expenses have been determined, that Lone Star Gas
Company be billed as provided by- Article 1446c; and
(f) The City Manager schedule the- hearings and post notice thereof as
appropriate.
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CITY MANAGER