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HomeMy WebLinkAboutOrdinance 17682-08-2007Ordinance No. 17682-08-2007 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $25,000 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING A RESOLUTION FOR THE EMPLOYlVIGNT OF DANA STAYTON AND DAN SETTLE WITH THE LAW FH2M KELLY, HART & HALLMAN LLP AS OUTSIDE LEGAL COUNSEL TO ADVISE THE CITY REGARDING THE MANAGEMENT OF GAS WELL REVENUE; PROVIDING FOR A SEVERABII..ITY CLAUSE; MAI~NG 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 2006- 2007 in the Budget of the City Manager, there shall also be increased appropriations in the General Fund in the amount of $25,000 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose funding a resolution for the employment of Dana Stayton and Dan Settle with the law firm Kelly, Hart & Hallman LLP as outside legal counsel to represent the City regarding the management of gas well revenue. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. AP QVED AST ORM ND LE~G~ALITY: sistant City ttorney ADOPTED EFFECTIVE: August 9, 2007 Ci~r ®f F®r~ UVV®r~h, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/9/2007 -Res. No. 3509-08-2007 and Ord. No. 17682-08- 2007 DATE: Thursday, August 09, 2007 LOG NAME: 12GASREVMANAG REFERENCE NO.: *~G-15803 SUBJECT: Adopt Resolution Authorizing the Employment of Outside Counsel to Assist and Advise the City regarding the Management of Gas Well Revenue and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the General Fund in the amount of $25,000 and decreasing the unreserved, undesignated fund balance by the same amount; 2. Authorize the City to retain Dana Stayton and Dan Settle with the law firm of Kelly, Hart and Hallman, LLP, as outside counsel pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney with legal issues regarding the City's management of the City's gas well revenue; and 3. Adopt the attached resolution fixing in advance, as far as practicable, the amount to be paid to Kelly, Hart and Hallman, LLP, in an amount not to exceed $25,000. DISCUSSION: On April 17, 2007, the City Council approved Resolution No. 3475-04-2007 creating the Gas Well Revenues Financial Management Strategies Ad Hoc Committee. The Committee was charged with considering and making recommendations to the City Council on gas well revenue management strategies that would maximize the impact of the City's gas revenues, create the most effective expenditure and investment model to provide substantial benefits to the citizenry in perpetuity and design a productive, effective and dependable endowment management plan which would ensure the perpetual growth of the fund's corpus. The City Attorney anticipates that numerous complex legislative and investment issues will arise related to addressing the Committee's charge from the City Council. As a result, it is recommended that the law firm of Kelly, Hart & Hallman, LLP, be retained to assist the City Attorney in these matters. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that, upon approval of the above recommendations and the adoption of the attached appropriation ordinance, the unreserved, undesignated fund balance of the General Fund will be $2,896,081, which is the amount available above the minimum reserve fund balance of $46,845,951 required by the City's Financial Management Policy Statements (i.e., 10 percent of the current-year adopted Logname: 12GASREVMANAG Page 1 of 2 budget expenditures less the annual transfer from the General Fund to the Debt Service fund). TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manag_er's Office b~ Originating Department Head: Additional Information Contact: Karen Montgomery (6222) David Yett (7623) Sarah Fullenwider (7619) Logname: 12GASREVMANAG Page 2 of 2