HomeMy WebLinkAboutOrdinance 17785-09-2007Ordinance No.17785-09-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE WATER AND
SEWER FUND IN THE AMOUNT OF $25,000 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT,
FOR THE PURPOSE OF FUNDING THE IN AMOUNT TO BE PAID TO THE LAW
FIRM OF WHITAKER, CHALK, SWINDLE & SAWYER , L.L.P. FOR ASSISTING
THE CITY ATTORNEY IN VARIOUS MATTERS CONCERNING WATER
DEPARTMENT AND TRANSPORTATION AND PUBLIC WORKS CONTRACTS
AND TO REPRESENT THE CITY IN LITIGATION CONCERNING SUCH
MATTERS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING 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 Water
and Sewer Fund in the amount of $25,000 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose funding the amount to be paid to the law firm of
Whitaker, Chalk, Swindle & Sawyer, L.L.P. for assisting the City Attorney in various matters
concerning Water Department and Transportations and Public Works contracts and to represent the
City in litigation concerning such matters.
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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
PROVED AS O FORM AND LEGALITY:
istant City Attorney
ADOPTED AND EFFECTIVE: September 25, 2007
COUNCIL ACTION: Approved on 9/25/2007 -Res. # 3532-09-2007 & Ord. # 17785-09-2007
DATE: Tuesday, September 25, 2007
LOG NAME: 12WHITAKER REFERENCE NO.: **G-15873
SUBJECT:
Adopt Resolution Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker, Chalk, Swindle & Sawyer, LLP, who is Assisting the City in Matters Concerning Water
Department and Transportation and Public Works Contracts and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a resolution authorizing the maximum amount to be paid to Whitaker, Chalk, Swindle & Sawyer,
LLP, ("Whitaker Chalk") who is assisting the City in matters concerning Water Department and
Transportation and Public Works contracts; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by an additional $25,000 and decreasing the unreserved, undesignated fund balance by the
same amount.
DISCUSSION:
By adoption of M&C G-15239 on June 20, 2006, the City Council approved Whitaker Chalk to assist the
City concerning various legal issues regarding the City's Water Department and TPW contracts and
authorized payment to Whitaker Chalk in an amount not to exceed $50,000.
M&C G-15680, adopted on April 17, 2007 increased the authorized amount to $150,000. To date, Whitaker
Chalk has billed the City $148,723.16 for its services. Various matters concerning Water Department and
TPW contracts and representation of the City in litigation concerning such matters are still pending.
Because of the extraordinary importance of the issues raised, it is the opinion of the City Attorney to
authorize an additional sum of $50,000 to Whitaker Chalk for their services concerning those matters not to
exceed $200,000.
Since the last increase counsel have been negotiating arbitration agreements with various contractors. This
M&C is to increase the amount to be paid to Whitaker Chalk for these matters and general construction
issues. Fees for litigation lawsuit costs will be addressed under a separate M&C.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the funds are available in the current operating budgets, as appropriated,
of the General Fund.
The Finance Director further 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 Water and Sewer Fund.
Logname: 12WHITAKER
Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
PE45 531200 0601000
GG01 538110 0121000
Submitted for City Manager's Office bar: Marc Ott (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Jimmy Riddell (7614)
$25,000.00
$25,000.00
Logname: 12WHITAKER Page 2 of 2