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HomeMy WebLinkAboutOrdinance 16937-05-2006Ordinance No 16937-05-2006 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $2,100 420 79 FOR THE PURPOSE OF FUNDING A CUSTOM 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 allocated to the various City departments for Fiscal Year 2005- 2006 in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $2,100 420 79 for the purpose of funding a Custom 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. 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 16582 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 ADOPTED AND EFFECTIVE. May 9. 2006 This ordinance shall take effect upon adoption City of Fort Worth, Texas Mayor and Council Communication _ .~ _ . COUNCIL ACTION Approved on 5/9/2006 Ordinance No 16936-05-2006 & 16937-05-2006 DATE Tuesday May 09 2006 LOG NAME 30ATT-OMNI REFERENCE NO C-21451 SUBJECT 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 v __ RECOMMENDATION It is recommended that the City Council 1 Adopt 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 Bell Telephone L.P (SBC) under which the City will make payments under protest totaling $2,100 420 79 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. DISCUSSION In order to construct the City's new parking garage and the Omni Hotel west of the Fort Worth Convention Center it is necessary to relocate telecommunication cable on 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 total of $2,100 420 79 for the relocation of its facilities on Houston Street in order to clear storm drain for the Omni Hotel Project. The City Attorney's Office has advised staff that SBC may be responsible for some or 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 Mapsco 77A. Logname 30ATT-OMNI Page 1 of 2 FISCAL INFORMATION/CERTIFICATION 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 $10 553 653 after this appropriation TO Fund/Account/Centers FROM Fund/Account/Centers 1) GG04 538070 0240400 $2.100.420.79 2) GG04 538070 0240400 $2,100.420.79 2&3) C291 472004 309240013673 $2,100.420.79 4) C291 539120 3092400136 $2.100.420.79 3) C291 539120 309240013673 $2,100.420.79 Submitted for City Manager's Office b~ Marc Ott (8476) Originating Department Head A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Logname 30ATT-OMNI Page 2 of 2