HomeMy WebLinkAboutOrdinance 18935-12-2009Grdinance No. 18935-12-2009
AN GRDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPRGPRIATIGNS
IN THE WATER AND SEWER FUND IN THE AMOUNT GF $150,000.00 AND
DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE
BY THE SAME AMOUNT FGR LEGAL REPRESENTATIGN IN RELATIGN T4
PREMATURE STREET FAILURES; PRGVIDING FGR A SEVERABILITY CLAUSE;
MAKING THIS GRDINANCE CUMULATIVE GF PRIGR GRDINANCES AND REPEALING
ALL PRIGR GRDINANCES IN CGNFLICT HEREWITH; AND PRGVIDING AN
EFFECTIVE DATE.
BE ITGRDAINED BYTHE CITY CGUNCILGFTHE CITYGF FGRTWGRTH, TEXAS:
SECTIGN 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 and
in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in
the Water and Sewer Fund in the amount of $150,000.00 and decreasing the unaudited, unreserved,
undesignated fund balance by the same amount for legal representation in relation to 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.18809 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ordinances and appropriations are hereby expressly repealed.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.
APPRGVED AS TG FARM AND LEGALITY:
A ' tant City Attorney
ADGPTED AND EFFECTIVE: December 8, 2009
City of Fo-t Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, December 08, 2009 REFERENCE N~.: ~~G-16110
LOG NAME: 12WHITAKER CHALK INCREASE FS GENERAL
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 the Water
Department and Transportation and Public Works Department Contracts in an Additional Sum of
$150,000.00 and Adopt Supplemental Appropriation ordinance
REC~MMENDATIGN:
It is recommended that the City Council authorize the City Manager to:
1. Adopt a resolution increasing the maximum amount to be paid to Whitaker, Chalk, Swindle and Sawyer,
L.L.P., by $150,000.00, for assisting the City with legal matters concerning the Water Department and
Transportation and Public Works Department contracts in relation to premature street failures; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $150,000.00 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 1l, 2007,
increased the authorized amount to $150,000.00; M&C G-15813 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.
Through September 30, 2009, Whitaker Chalk has been paid $498,329.1 l and has $88,611.13 in
outstanding bills.
All matters concerning the Water Department and TPW contracts and representation of the City in
litigation are still pending. Because of the extraordinary importance of the issues raised, it is the
recommendation of the City Attorney to authorize an additional sum of $150,000.00 to Whitaker Chalk for
their services concerning those matters not to exceed $650,000.00.
The affected streets are located in COUNCIL DISTRICTS 2 and 6.
Logname: I2~HITAKER CHALK INCREASE FS GENERAL Page 1 of 2
FISCAL INFORMATION !CERTIFICATION:
The Financial Management Services Director certifies that upon the approval of the above
recommendations and adoption of the attached supplemental appropriation ordinances, funds will be
available in the current operating budget, as appropriated, of the Water and Sewer Fund. Upon approval,
the unreserved, undesignated fund balance of the Water and Sewer Operating Fund will exceed the
minimum reserve as outlined in the Financial Management Policy Statements.
FUND CENTERS:
TO FundlAccountlCenters
PE45 531200 0701000
CERTIFICATIONS:
FROM FundlAccoun#lCenters
150 000.00 1 PE45_._ 531200 0101000
Submitted for Cit~Manager's Office by:
Ori inatin De artment Head:
Additional Information Contact:
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Gerald Pruitt (7616)
150 000.00
Logname: I2~VHITAKER CHALK INCREASE FS GENERAL Page Z of Z