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HomeMy WebLinkAboutOrdinance 14123~S~ Ii^'- i €~ Ordinance No '' AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF $30,763.87 FROM AVAILABLE FUNDS FOR THE PURPOSE FUNDING REIMBURSEMENT OF RATE CASE EXPENSES FROM SOUTHWESTERN BELL TELEPHONE COMPANY FOR PAYMENT TO LAW OFFICES OF JIM BOYLE PROVIDING FORA SEVERABILITY CLAUSE, 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 various City departments for the Fiscal Year 1999-00 and in the Budget of the City Manager, there shall also be increased estunated receipts and appropnations m the Property and Casualty and Insurance Fund in the amount of $30,763.87 from available funds for the purpose of funding reimbursement of rate case expenses from Southwestern Bell Telephone Company for payment to Law offices of Jim Boyle SECTION 2. 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 jurisdicfion, such decision, opimon 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. 13886 and all other ordinances and appropnahons 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 and be in full force and effect and after the date of its passage, and rt is so ordained. APPROVED AS TO FORM AND LEGALITY Assistant City Attorn 2 ~ 2 ~-d'p Date ~' / ~(/~ Adopted Effective City of Fort Worth, Texas M,~yor and Council Comn~un~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 3/7/00 **G-12840 12BOYLE 1 of ~2 SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT OF RATE CASE EXPENSES FROM SOUTHWESTERN BELL TELEPHONE COMPANY FOR PAYMEt~T TO THE LAW OFFICES OF JIM BOYLE RECOMMENDATION It is recommended that the City Council Accept $30,763 87 from Southwestern Bell Telephone Company for reimbursement of rate case expenses incurred during the appeal of the City's rate case against Southwestern Bell Telephone Company (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 $30,763 87 from available funds, and 3 Authorize payment of $30,763.87 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 Beall Telephone Company (Public Utility Commission Docket No 18509) DISCUSSION On December 18, 1997, Southwestern Bell Telephone Company (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 (City) 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, 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 to assist in the representation of the City before the PUC The City ultimately prevailed in this proceeding Southwestern Bell appealed the PUC's decision to the 200th District Court in Austin, which affirmed the PUC's order Pursuant to Section 51 006(b) of the Texas Utilities Code, which entitles the City to a recovery of its expenses incurred during a ratemaking proceeding, Southwestern Bell has tendered $30,763 87 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 ~11~A~or And aunc~il an~inun~cA~i~n C C DATE 3/7/00 REFERENCE NUMBER **G-12840 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.k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2) FE71 488502 0157100 $30,763.87 ~ppo~V~ Charles Boswell 8511 2) FE71 534060 0157120 $30,763.87 9 Originating Department Head: CI TY C~UNCI ~ ~ David Yett 7619 (from) ~R 7 2Q(p 3) FE71 534060 0157120 $30,763.87 Additional Information Contact: ° ~~~J Cttq Sscretarq of the Peter Vaky 7601 Citq of Port Worth, Texas Adopted Ord~nanc+~ doe ~~