HomeMy WebLinkAboutOrdinance 17633-07-2007Ordinance No. 17633-07-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN TIC GENERAL FUND IN
THE AMOUNT OF $50,000 AND DECREASING UNAUDITED, UNRESERVED,
UNDESIGNATED FUND BALANCE BY 'THE SAME AMOUNT, FOR TIC PURPOSE
OF RETAINING MATTHEW C.G. BOYLE AS OUTSIDE LEGAL COUNSEL FOR
ASSISTANCE IN LEGAL ISSUES CONCERNING HOUSING DEVELOPMENT
ACTTVITTES; MAKING THIS ORDINANCE CITIVIULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TIC CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-2007 in the
Budget of the City Manager, there shall also be increased appropriations in the General Fund in the amount of
$50,000 and decreasing unaudited, unreserved, undesignated fund balance by the same amount, for the
purpose of retaining Matthew C.G. Boyle as outside legal counsel for assistance in legal issues concerning
housing development activities.
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. 17142 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ordinances and appropriations are hereby expressly repealed.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:
it City Attorney
~e~~.
ADOPTED AND EFFECTIVE: July 10, 2007
City of F®rt I/t/o~th, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/10/2007 -Ord. No. 17633-07-2007 and Res. No. 3499-07-
2007
DATE: Tuesday, July 10, 2007
LOG NAME: 12BOYLE
REFERENCE NO.: ~~G-15768
SUBJECT:
Adopt Appropriation Ordinance and Resolution Authorizing Employment of Outside Legal Counsel
for Assistance in Legal Issues Concerning Housing Development Activities
_T_~T_~ _ _T _~_,_~_
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund
in the amount of $50,000 and decreasing unaudited, unreserved, undesignated fund balance by the same
amount;
2. Authorize the City Manager or his designee to retain Matthew C. G. Boyle of the Law Firm of Boyle &
Lowry, L.L.P., as outside legal counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the
City Attorney in representing the City regarding preparation of contracts, security instruments and other
legal issues concerning housing development activities; and
3. Adopt the attached resolution fixing in advance as far as practicable, that the amount to be paid Boyle &
Lowry, L.L.P., not exceed $50,000.
DISCUSSION:
It is the opinion of the City Attorney that outside legal counsel should be retained to assist the City Attorney
in representing the City regarding several legal issues related to preparation of contracts, security
instruments and other legal issues concerning the housing development activities, including the use of
federal grant funds and the establishment of the City's Housing Trust Fund.
There are legal issues involving numerous pending contracts committing HOME Funds which were
established by grants for previous funding from the U. S. Department of Housing and Urban Development
(HUD).
Additionally, the City faces a number of legal issues involving (1) some workouts of prior issues with
housing developers and (2) other legal actions it is proactively taking to avoid any potential HUD audit
problems in the future.
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 General Fund. Upon approval the unaudited, unreserved, undesignated fund balance
of the General Fund will be $3,156,081, which is the amount available above the minimum reserve fund
Logname: 12BOYLE Page 1 of 2
balance of $46,845,951 required by the City's Financial Management Policy Statements (i.e., 10 percent of
the current-year adopted budget expenditures less the annual transfer from the General Fund to the Debt
Service Fund).
TO Fund/Account/Centers
GG01 538110 0121000 $50.000.00
FROM Fund/Account/Centers
GG01 538110 0121000 $50.000.00
Submitted for City Manager's Office b}L Karen Montgomery (6222)
Originating Department Head: David Yett (7623)
Additional Information Contact: Marcia Wise (7623)
Logname: 12BOYLE Page 2 of 2