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HomeMy WebLinkAboutOrdinance 15939Ordinance No. ~~C 1~ AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SEWER CAPITAL PROJECT FUND IN THE AMOUNT OF $231,384 00 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING PROFESSIONAL ENERGY SERVICES FOR THE VILLAGE CREEK GAS TURBINE GENERATION PLANT 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 2003- 2004 in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $231,384 00 from available funds for the purpose funding professional energy services for The Village Creek Gas Turbine Generation Plant. 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 15636 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 This ordinance shall take effect upon adoption APPRO ED AS T~ M AND LEGALITY Assistant Ci y Attorney ADOPTED AND EFFECTIVE. ~„ ~ ~ '~ :., City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 3/30/2004 Ordinance No 15937 DATE Tuesday March 30 2004 LOG NAME 60LONE REFERENCE NO *C-20017 SUBJECT Appropriation Ordinance and Confirmation of Letter of Agreement with Lone Star Energy Services Inc. for Professional Energy Services for the Village Creek Gas Turbine Generation Plant RECOMMENDATION It is recommended that the City Council 1 Authorize the transfer of $231 384 from the Water and Sewer Fund to the Sewer Capital Project Fund and 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $231 384 from available funds and 3 Confirm the execution of an Interim Letter Agreement with Lone Star Energy Services Inc. for professional energy services for the Village Creek Gas Turbine Generation Plant, for a total cost of $231 384 DISCUSSION On December 19 2000 (M8~C C-18397) the City Council authorized the execution of an agreement with Lone Star Energy Services, Inc. a subsidiary of TXU Energy for the operations and maintenance of the Village Creek Wastewater Treatment Plant gas turbine power generation system Under the terms of the agreement, the City agreed to outsource operation of the system to Lone Star Energy Services, Inc. for an accelerating monthly fee over a 20-year period The agreement was structured to provide the City with the benefit of reducing overall energy costs for the system, and the ability to potentially sell any excess power generated at the Village Creek Wastewater Treatment Plant back to the energy grid The City Council appropriated funds only to cover the contract for the period October 1 2003 to December 31 2003 after staff determined that Lone Star Energy Services Inc: planned to assign the contract to an unknown provider The parties were unable to negotiate a transfer of the operation and maintenance of the turbine system prior to expiration of the contract on December 31 2003 On January 20 2004 (M&C C-19945) the City Council confirmed the execution of an interim letter agreement that allowed for the operation maintenance and other related services under terms virtually identical to the original agreement until March 31 2004 The parties are continuing to negotiate a transfer of responsibilities under the agreement to another provider that is agreeable to both parties. While progress has been made an agreement will not be in place before March 31 2004 the end date of the current letter agreement. The parties have agreed subject to City Council approval to a new letter agreement that allows for the operation maintenance and other related services as stated in the original agreement until June 30 2004 Lo~name 60LONE ~ Paue 1 ~f ~ The new letter agreement provides. for the City to pay the monthly fee of $77 128 the same fee that would have been paid under the December 2000 agreement for this time period The same operation and maintenance terms of the original agreement are adopted as set forth in the letter agreement. During fhe term of the letter agreement, the parties agree to continue to negotiate in good faith toward an amicable resolution of outstanding issues related to the continued operation and maintenance of the turbines. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon approval and completion of recommendation No 1 and adoption of the attached appropriation ordinance funds will be available in the current capital budget, as appropriated of the Sewer Project Fund TO Fund/AccountlCenters FROM Fund/Account/Centers 1 & 2)PS58 472045 070580300120 $231.384.00 1)PE45 538070 0709020 $231.384.00 2)PS58 539120 070580300120 $231.384.00 3~PS58 539120 070580300120 $231.384..00 Submitted for City Manager's Office by. Marc Ott (8476) Originating Department Head. Dale Fisseler (8207) Additional {nformation Contact: Dale Fisseler (8207) Lo~name 60LONE PauP ~ of ~