HomeMy WebLinkAboutOrdinance 15127
Ordinance No. ~ ~ ~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF
$28,767 03 FROM AVAILABLE FUNDS REIMBURSED BY SOUTHWESTERN BELL
TELEPHONE FOR PAYMENT TO THE LAW OFFICES OF JIM BOYLE FOR
SOUTHWESTERN BELL TELEPHONE RATE CASE EXPENSES, 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 2001-02 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Property
and Casualty Insurance Fund in the amount of $28,767 03 from available funds reunbursed by Southwestern
Bell Telephone for payment to the Law Offices Of Jim Boyle for Southwestern Bell Telephone rate case
expenses.
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. 14745 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ordinances and appropriations are hereby expressly repealed.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.
APPROV ~ T ND LEGALITY
Assistant City Attorney `'4-
ADOPTED AND EFFECTIVE.
City of Fort Worth, ~'exas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/11/02 **G-13642 12SOUTH 1 of 2
SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT O,F RATE CASE
EXPENSES FROM SOUTHWESTERN BELL TELEPHONE FOR PAYMENT TO THE
LAW OFFICES OF JIM BOYLE
RECOMMENDATION
It is recommended that the City Council
1 Accept $28,767 03 from Southwestern Befl Telephone (Southwestern Bell) for reimbursement of
rate case expenses incurred during the appeal of the City's rate case against Southwestern Bell
(Public Utility Commission of Texas Docket No 18509), and
2 Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Property and Casualty Insurance Fund by $28,767 03 from available funds,
and
3 Authorize payment of $28,767 03 to the Law Offices of Jim Boyle .for legal services performed on
behalf of the City of Fort Worth during the appeal of the City's rate case against Southwestern Bell
(Public Utility Commission of Texas Docket No 18509)
DISCUSSION
On December 18, 1997, Southwestern Bell filed an application with the Public Utility Commission of
Texas (PUC) requesting rate group reclassifications of 52 municipalities in Texas, including the City of
Fort Worth If granted, Southwestern Bell's request would have resulted in higher residential .and
business telephone rates for customers in the City
On January 21, 1998, the City, joined by the cities of Austin, Dallas and Hereford, Texas, intervened in
this proceeding (known as PUC Docket No 18509) On June 2, 1998 (M&C C-16809), the City Council
authorized the City to retain Jim Boyle, of the Law Offices of Jim Boyle in Austin, Texas, to assist in the
representation of the City before the PUC The City ultimately prevailed in this proceeding, and the
PUC ordered Southwestern Bell to reimburse the City for all of its expenses incurred in the engagement
of its consultants and attorneys
Southwestern Bell appealed the PUC's decision to the 200th District Court in Austin, which affirmed the
PUC's order Southwestern Bell subsequently appealed the District Court's order to the Third Court of
Appeals in Austin, which partially reversed the District Court's ruling, but affirmed the PUC's order that
Southwestern Belf reimburse the City for all of its rate case expenses Both parties have appealed the
Third Court of Appeals decision to the Texas Supreme Court, which currently is considering the merits
of both appeals
Pursuant to the Third Court of Appeals decision and Section 51 006(b) of the Texas Utilities Code,
which enti#les the City to a recovery of its expenses incurred during a ratemaking proceeding,
Southwestern Bell has now tendered $28,767 03 to the City, which is serving as the administrative
entity for the municipalities involved in this proceeding The City will then pay Jim Boyle that amount as
compensation for his services to the municipalities
City of Fort Worth, Texas
Mayor and Council Communication
DATE
6/11/Q2 REFERENCE NUMBER
**G-13642 LOG NAME
12SOUTH PAGE
2 of 2
SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT OF RATE CASE
EXPENSES FROM SOUTHWESTERN BELL TELEPHONE FOR PAYMENT TO THE
LAW OFFICES OF JiM BOYLE
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
the Property and Casualty Insurance Fund
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE71 488502 0137100 $28,767.03
Charles Boswell 6183 FE71 543060 0137100 $28,767 03
Originating Department Head:
APPROVED 06/11/02
David Yett 7623 (from) ORD.# 15127
FE71 543060 0137100 $28,767.03
Additional Information Contact:
Peter Vaky 7601