HomeMy WebLinkAboutOrdinance 19452-12-2012 Ordinance No.19452-12-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $145,000.00, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR THE PURPOSE OF FUNDING ASSISTANCE WITH LEGAL MATTERS
CONCERNING PREMATURE STREET FAILURES; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL 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 2010-2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of$145,000.00, and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose of funding assistance in legal matters concerning premature
street failures.
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.19355 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ordinances and appropriations are hereby expressly repealed.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:
Assistant City Attorney
ADOPTED AND EFFECTIVE: December 7, 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. approved on 12/712010: - Res. No. 3935-12-2010 & Card. No. 119452-41
201
DATE: Tuesday, December 07, 2010 REFERENCE NO.: **G-17125
LOG NAME: 12WHITAKER CHALK INCREASE FS GENERAL 11-10
SUBJECT:
Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with Legal Matters Concerning Premature
Street Failures in an Additional Sum of$145,000.00 and Adopt Supplemental Appropriation Ordinance and
Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of the General Fund by the Same
Amount (COUNCIL DISTRICTS 2 and 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to adopt a resolution increasing the maximum amount to be paid to
Whitaker, Chalk, Swindle and Sawyer, L.L.P., by $145,000.00, for assisting the City with legal matters
concerning premature street failures.
2. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $145,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
DISCUSSION:
By adopting M&C G-15239 on June 20, 2006, the City Council approved Whitaker, Chalk, Swindle and
Sawyer, L.L.P., (Whitaker Chalk) to assist the City with various legal issues regarding the City's Water
Department and Transportation and Public Works Department(TPW) contracts and authorized payment
to Whitaker Chalk in an amount not to exceed $50,000.00. M&C G-15680 adopted on April 17, 2007,
increased the authorized amount to $150,000.00; M&C G-15873 adopted on September 25, 2007,
increased the authorized amount to $200,000.00; M&C G-16055 adopted February 19, 2008, increased
the authorized amount to $250,000.00; M&C G-16288 adopted September 30, 2008, increased the
authorized amount to $350,000.00; M&C G-16541 adopted on April 21, 2009, increased the authorized
amount to $500,000.00; M&C G-16770 adopted on December 8, 2009, increased the authorized amount
to $650,000.00; M&C G-16893 adopted on April 13, 2010, increased the authorized amount to
$675,000.00. M&C G-16993 adopted on July 27, 2010, increased the amount to $775,000.00.
All matters concerning the Water Department and TPW contracts and representation of the City in
litigation are still pending. There are outstanding invoices for July 2010 through October 2010, of
approximately $110,500.00. Because of the extraordinary importance of the issues, it is the
recommendation of the City Attorney that the amount to be paid to Whitaker Chalk be increased by an
additional $145,000.00, to an amount not to exceed $920,000.00.
It is anticipated that additional funds will be needed in the future.
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 11-10 Page 1 of 2
The affected streets are located in COUNCIL DISTRICTS 2 and 6.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services 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 exceed the minimum reserve as outlined in the
Financial Management Policy Statements.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 538110 0121000 $145.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
David Yett (7623)
Originating Department Head: Frank Crumb (8246)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 11-10 Page 2 of 2