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HomeMy WebLinkAboutOrdinance 14423Ordinance No. / L/ / AN ORDINANCE INCREASING THE ESTIMATED RECEII'TS AND APPROPRIATIONS IN THE PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF $18,51317 FROM AVAILABLE FUNDS FOR THE PURPOSE OF REIMBURSEMENT TO THE CITY OF FORT WORTH FOR EXPENSES INCURRED PERTAINING TO THE RATE CASE HEARINGS 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 various City departments for the Fiscal Year 2000-01 and 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 $18,513 17 from available funds for the purpose of reimbursement to the City of Fort Worth for expenses incurred pertaining to the rate case hearing against Southwestern Bell Telephone. 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 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, inwhich instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY Assistant City Attorn ~~-~~o -~ Date / ~ - ~ !~~ Adopted Z ~~ -~~ Effective City of Fort Worth, Texas ~1-~ayar And Caunc~l on~i»un~cAt~an C DATE REFERENCE NUMBER LOG NAME PAGE 12/5/00 **G-13091 12BOYLE 1 of 2 SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT OF RATE CASE EXPENSES FROM THE SOUTHWESTERN BELL TELEPHONE COMPANY FOR PAYMENT TO THE LAW OFFICES OF JIM BOYLE RECOMMENDATION It is recommended that the City Council Accept $18,513 17 from the 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, (PUC Docket No 18509), and 2 Adopt the attached supplemental appropriation ordinance increasing appropriations and estimated receipts in the Property and Casualty Insurance Fund by $18,513 17 from available funds, and 3 Authorize payment of $18,513 17 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 Telephone Company, (PUC 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 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 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 ultimately 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 also 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 now tendered $18,513 17 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~ar And Council a~nn~un~cAt~an C DATE 12/5/00 REFERENCE NUMBER **G-13091 LOG NAME 12BOYLE PAGE 2 of 2 SUBJECT APPROPRIATION ORDINANCE ACCEPTING REIMBURSEMENT" OF RATE CASE EXPENSES FROM THE 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 supplemental 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) R 1&2) FE71 488502 0157100 $18,513 17 1~~~Q ~~~~~~ Charles Boswell 8511 2) FE71 534060 0157120 $18,513 17 ~~~ ~ ~~~~~~ Originating Department Head: DEC 5 20~~ David Yett 7606 (from) 3) FE71 534060 0157120 $18,513 17 l~ ~ ~ ~uL ~~ ~~~~~ Additional Information Contact: Gib Sear~taxp Ai tl".~ C~nkQ 4l Fcatf W~rt11, °QYiz~,s Peter Vaky 7601 Ad~p~ed ~r~inan~ ~~~~ ~~~?3