HomeMy WebLinkAboutOrdinance 17500-04-2007Ordinance No 17500-04-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND IN THE
AMOUNT OF $50,000 AND THE WATER AND SEWER FUND IN THE AMOUNT OF
$50,000• AND DECREASING THE UNRESERVED DESIGNATED FUND BALANCE OF
THE GENERAL FUND AND WATER AND SEWER FUND BY THE SAME AMOUNT FOR
THE PURPOSE OF EXECUTING A RESOLUTION FOR WHITAKER, CHALK, SWINDLE
& SAWYER FOR THEIR ASSISTANCE TO THE CITY ATTORNEY IN VARIOUS
MATTERS CONCERNING WATER DEPARTMENT AND TRANSPORTATION AND
PUBLIC WORKS DEPARTMENT 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 General Fund in the amount
of $50,000 and the Water and Sewer Fund in the amount of $50,000; and decreasing the unreserved,
designated fund balance of the General Fund and the Water and Sewer Fund by the same amount, for the
purpose of executing a resolution for Whitaker Chalk, Swindle & Sawyer for their assistance to the City
Attorney in various matters concerning Water Department and Transportation and Public Works
Department 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ordinances and appropriations are hereby expressly repealed.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.
APPR D AS T FO ND LEGALITY
Assistant City A orney
ADOPTED AND EFFECTIVE. April 17 2007
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Authorizing an Increase of the Maximum Amount to be Paid to the Law Firm of
Whitaker Chalk, Swindle & Sawyer LLP who is Assisting the City in Matters and Pending Lawsuits
Concerning Water Department and TPW Contracts and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Authorize the maximum amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P ("Whitaker
Chalk") be increased to $150 000 for their assistance to the City Attorney in matters concerning failed
streets, Water Department and TPW contracts concerning those streets and to represent the City in
litigation concerning such matters,
2. Adopt the attached resolution increasing an additional sum of $100 000 to be paid to Whitaker Chalk in
an amount not to exceed $150 000- and
3 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund
by $50 000 and Water and Sewer Fund by $50 000 and decreasing the unreserved designated fund
balance of the General Fund and Water and Sewer Fund by the same amount.
DISCUSSION
By adoption of M8~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
To date,. Whitaker Chalk has billed the City $4$ 126 37 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 $100 000 to Whitaker Chalk for their services concerning those matters
not to exceed $150 000
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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 and Water and Sewer Fund Upon approval the unaudited unreserved
undesignated General Fund fund balance will be $52 359 933 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 budget expenditures less the annual transfer from the General Fund
to the Debt Service Fund) will be $5 513 982
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 531220 0601000 $50.000.00
GG01 538110 0121000 $50.000.00
Submitted for City Manager's Office b~ Marc A. Ott (6122)
Originating Department Head David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
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