HomeMy WebLinkAboutOrdinance 14728Ordinance No /~O
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF $15,163.95 FROM
AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING PAYMENT TO THE LAW OFFICE OF JIM
BOYLE FOR LEGAL SERVICES PERFORMED ON BEHALF OF THE CITY FOR THE RATE CASE
AGAINST SOUTHWESTERN BELL TELEPHONE, MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL 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 vanous City departinents for the Fiscal Year 2000-01 and in the Budget of
the City Manager, there shall also be increased estirriated receipts and appropriations in the Property and Casualty Insurance
Fund in the amount of $15,163.95 from available funds for the purpose of funding payment to the Law Office of Jim Boyle for
legal services performed on behalf of the City for the rate case against Southwestern Bell Telephone.
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. 14286 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repealed.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.
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
ADOPTED AND EFFECTIVE. °~I'3 J
City of Fort Worth, Texas
M,,A~or and Council Commun~cAtion
DATE REFERENCE NUMBER LOG NAME PAGE
7/31/01 **G-13324 12BOYLE 1 of 2
SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT OF RATE CASE
EXPENSES FROM SOUTHWESTERN BELL TELEPHONE COMPANY FOR PAYMENT
TO THE LAW OFFICES OF JIM BOYLE
RECOMMENDATION
It is recommended that the City Council
Accept $15,163 95 from Southwestern Bell Telephone Company (Southwestern Bell) for
reimbursement of rate case expenses incurred during the appeal of the City's rate case against
Southwestern Bell (Public Utility Commission Docket No 18509), and
2 Adopt the attached supplemental appropriation ordinance increasing appropriations and estimated
receipts in the Property and Casualty Insurance Fund by $15,163 95 from available funds, and
3 Authorize payment of $15,163 95 to Jim Boyle for legal services performed on behalf of the City
during the appeal of the City's rate case against Southwestern Bell (Public Utility Commission
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, (PUC Docket No 18509), the City of Fort Worth, joined by the cities of Austin,
Dallas and Hereford, intervened in this proceeding On June 2, 1998 (M&C C-16809), the City Council
authorized the City to retain Jim Boyle of 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
P,UC'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 Be-I 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 has requested written briefs from
the parties.
Pursuant to the Third Court of Appeals decision and Section 51 006(b) of the Texas Utilities Code,
which entitles the City to a recovery of its expenses incurred during a rate making proceeding,
Southwestern Bell has now tendered $15,163 95 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
6
City of Fort Worth, Texas
~1-~A~a~r And C,aunc~l Can~i»un~cA~ian
DATE
7/31/01 REFERENCE NUMBER
**G-13324 LOG NAME
12BOYLE PAGE
2 of 2
SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT OF RATE CASE
EXPENSES FROM SOUTHWESTERN BELL TELEPHONE COMPANY FOR PAYMENT
TO THE LAW OFFICES OF JIM BOYLE
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Insurance Fund
CB n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE71 488100 0157120 $15,163.95 APPROVED
Charles Boswell 8511 FE71 543060 0157120 $15,163.95 CITY COUNCIL.
Originating Department Head:
Jui_ ai zoos
David Yett 7606 (from)
FE71 534060 0157120 $15,163.95 ~J~).,~•,J
...
Additional Information Contact: ,
Secretary of Ne
ci
ty
Gity of Fort Worth, Texas
David Yett 7606
Ar;el~tPCi Qrdlnanc~ i~o, l 7~