HomeMy WebLinkAboutOrdinance 16507-07-2005Ordinance No. ~~n s~ 7-4 7 d.~S
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SEWER CAPITAL PROJECT FUND IN THE
AMOUNT OF $41,004 51 FROM AVAILABLE FUNDS FOR THE PURPOSE OF
FUNDING A PAYMENT UNDER PROTEST TO SOUTHWESTERN BELL FOR
THE RELOCATION OF SOUTHWESTERN BELL'S CONFLICTING UTILITY
LOCATED AT THE INTERSECTION OF 7TH STREET AND CARROLL STREET,
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE, 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 2004-
2005 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 $41,004.51 from available funds
for the purpose of funding a payment under protest to Southwestern Bell for the relocation of
Southwestern Bell's conflicting utility located at the intersection of 7th Street and Carroll Street.
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. 16061 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 7/19/2005 -Ordinance No. 16507-07-2005
DATE• Tuesday, July 19, 2005
LOG NAME. 30LXVI1 67 PT1
REFERENCE NO . **G-14857
SUBJECT:
Adopt Appropriation Ordinance and Authorize a Payment under Protest to Southwestern Bell for
Relocation of Facilities Located at 7th Street/Carroll Street Intersection - Sanitary Sewer
Rehabilitation Contract LXVII (67) Part 1
RECOMMENDATION
It is recommended that the City Council•
1 Authorize the transfer of $41,004 51 from the Water and Sewer Operating Fund to the Sewer Capital
Project Fund in the amount of $41,004 51,
2 Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital
Project Fund in the amount of $41,004 51 from available funds, and
3 Authorize payment under protest in the amount of $41,004 51 to Southwestern Bell for the relocation of
its conflicting utility located at the 7th Street/Carroll .Street intersection
DISCUSSION
During construction of a 30-inch diameter sanitary sewer main to provide wastewater services to the
outlying drainage basin including the Montgomery Ward Redevelopment, a fiber optic duct bank owned by
Southwestern Bell (SBC) was determined to be in direct conflict with the proposed sewer main
In order to install the sanitary sewer main at the proposed grade, SBC's facility must be relocated -SBC has
requested payment in the amount of $41,004 51 to relocate the duct bank.
Staff is of the opinion that the City should not have to pay for the relocation of this facility for two
reasons. First, SBC had previously granted utility clearance for the project. Second, the City Attorney's
Office contends that the City can require SBC, at its sole cost and expense, to take the necessary steps to
eliminate the conflicts between SBC facilities and the City's project as a proper exercise of the police
powers of a municipality to control its rights-of-way by operation of Texas Local Government Code Section
283 056(c) However, in order to avoid delay on the project, staff recommends that the City pay the amount
requested by SBC 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 $41,004 51
This project is located in COUNCIL DISTRICT 9, Mapsco 76B
Logname 30LXVII 67 PT1 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION-
The Finance Director certifies that upon approval and completion of recommendation 1, and the adoption of
the appropriation ordinance, funds will be available in the current capital budgets, as appropriated of the
Sewer Capital Projects Fund
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2)PS58 472045 070580175790 $41,004.51 1)PE45 538070 0709020 $41.004.51
2) PS58 539120 070580175790 $41,004.51 3)PS58 539120 070580175790 $41,004.51
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 30L,XVII 67 PT1 Pale 2 of 2