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HomeMy WebLinkAboutOrdinance 16936-05-2006Ordinance No. 15936-05-2006 AN ORDINANCE INCREASING APPROPRIATIONS IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $2,100,420.79 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE SPECIALLY FUNDED CAPITAL PROJECTS FUND TO EXECUTE A GUSTOM WORK ORDER AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE L.P. (SBC) FOR THE RELOCATION OF EXISTING FACILITIES LOCATED ON HOUSTON STREET IN ORDER TO CLEAR STORM DRAIN FOR THE CITY OF FORT WORTH PARKING GARAGE AND THE OMNI HOTEL PROJECT; 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 a{located to the various City departments for Fiscal Year 2005- 2006 in the Budget of the City Manager, there shall also be increased appropriations in the Culture and Tourism Fund in the amount of $2,100,420.79 and decreasing the unreserved, undesignated fund balance for the purpose of transferring said funds to the Specially Funded Capital Projects Fund to execute a Custom Work Order Agreement with Southwestern Beli Telephone L.P. (SBC) for the relocation of existing facilities located on Houston Street in artier to clear storm drain for the City of Fort Worth Parking Garage and the Omni Hotel Project. 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 shad in na way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full farce and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and appropria#ions 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPl~OV~D AS TO'FC:~`RM_AcN1i5 LEGALITY: C ADOPTED AND EFFECTIVE: May 9, 2006 Page 1 of 2 CEf,~/ ®f F®~"'L' VI/~t'~'1~, T~XaS ~~/ C Y1 C~ LI Cl G11 1'Y1 CYl a 1~ Cat 111 COUNCIL ACTION; Approved ora 5l9I2006 -Ordinance Na, 16936-d5-20Q6 & 16937-{D5-206 C3ATE: Tuesday, May D9, 2QD6 LOG NAME: 3DATT-OMNI REFERENCE NO,: C-21451 SUE3.9ECT: Adopt Appropriation Ordinances and Authorize Payment Under Protest to and Execution of a Custom Work Order Agreement with Southwestern Bell Telephone, L.P. for the Relocation of Existing Facilities Located on Houston Street in Order to Clear Storm Drain and Other Facilities for the City of Fort Worth for the Omni Hotel Project RECOMMEN©ATiON: It is recommended that the City Council: 1. Adop# the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $2,100,420.79 and decreasing the unreserved, undesignated fund balance by the same amount; 2. Authorize the transfer of $2,100,420.79 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $2,100,420.79 from available funds; and 4. Authorize the City Manager to execute a Custom Work Order Agreement with Southwestern Bel! Telephone L.P. (SBC) under which the City wilt make payments under protest totaling $2,1.00,420.79 for the relocation of existing facilities located an Houston Street in order to clear storm drain for the City of Fart Worth Parking Garage and the Omni Hotel Project. ©ISCUSSI®N: In order to construct the City's new parking garage and the Omni Hotel west of the Fart Worth Convention Center, it is necessary to relocate telecommunication cable an Houston Street in order to clear storm drain for the Omni Hotel Project. In order to eliminate these conflicts, SBC facilities must be relocated. SBC has requested that the City execute a Custom Work Order Agreement and pay a fatal of $2,100,420.79 far the relocation of its facilities an Houston Street in order to clear storm drain far the Omni Hotel Project. The City Attorney's Offce has advised staff that SBC may be responsible for some ar all costs related to the relocation of SBC facilities located in City right-of-way. However, in order to avoid a lengthy delay in the construction of the Hotel and City garage, staff recommends that the City pay the amount requested by SBC, City staff will inform SBC that the payment will be made under protest and without waiver of any rights the City has to seek reimbursement of the $2,100,420.79 The project is located in COUNCIL DISTRICT 9, Mapsca 77A. http:l/w~~vw.cfwzaet.arg/caunci~~acket/Reparts/znc~~int.asp 5/25/2006 Page 2 of 2 FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. The unreserved, designated fund balance of the Culture and Tourism Fund will be $1(3,553,653 after this appropriation. TO FundlAccountlCenters 1) GG04 538070 0240400 $2,100,420.79 2&3 .~2,100,420.79 C291 4720D4 30924DD13673 ~~2 100~,42D.79 C291 539121:1 309240013673 FROM FundlAccountlCenters 2 GG04 538070 024040D $2,100.42D.79 2 1 DO 420.79 C291 539120 30924(30136 Sul,mitted for City Manager's Office fad: Marc Ott (8476) Originating ®epartment Head: A. Douglas Rademaker (6157) Additional Information Con#act_ A. Douglas Rademaker {6157) http://www.cfwnet.org/cauncil~packet/Reports/mc_print.asp 512512006