HomeMy WebLinkAboutOrdinance 19065-03-2010Ordinance No 19065-03-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE WATER AND SEWER FUND IN THE AMOUNT OF $25,000 00 AND
DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE
BY THE SAME AMOUNT FOR OUTSIDE LEGAL COUNSEL TO ASSIST AND ADVISE
THE CITY ON LEGAL ISSUES RELATED TO THE NEGOTIATION AND DRAFTING OF
THE WHOLESALE WATER CONTRACTS, PROVIDING FOR A 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 Fiscal Year 2009-2010 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Water and Sewer Fund in the amount of $25,000 00 and decreasing the unaudited, unreserved,
undesignated fund balance by the same amount for outside legal counsel to assist and advise the City on
legal issues related to the negotiation and drafting of the wholesale water contracts
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 18809 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ordinances and appropriations are hereby expressly repealed.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
~~
ssistant ' y Attorney
ADOPTED AND EFFECTIVE. March 9. 2010
City of Fort Worth, Texas
Mayor and Council Communication
F ~ ~ ~ ~ _~
COUNCIL ACTION: Approved on 3/9/2010 -Res. No. 3865-03-2010 & Ord. No! 19065-03-
2010-
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DATE Tuesday, March 09, 2010 REFERENCE NO **G-16864
LOG NAME 12WHOLESALECONTINCREASE
SUBJECT
Adopt a Resolution Authorizing the Increase of $25,000 00 to the Maximum Amount to be Paid to the Law
Firm of Booth, Ahrens and Werkenthin, P C , as Outside Legal Counsel to Assist and Advise the City on
Legal Issues Related to the Negotiation and Drafting of the Wholesale Water Contracts, for an Amount Not
to Exceed $39,700 00 and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
1 Adopt the attached resolution authorizing an increase of $25,000 00 to the maximum amount to
be paid to the law firm of Booth, Ahrens and Werkenthin, P C , as outside legal counsel to assist and
advise the City on legal issues related to the negotiation and drafting of the wholesale water contracts, for
an amount not to exceed $39,700 00, and
2 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $25,000 00 and decreasing the unaudited, unreserved, undesignated fund balance by the
same amount.
DISCUSSION
The Water Department and its wholesale water customers have used the Wholesale Water Contract as
the Agreement by which customer cities have bought treated water from Fort Worth These contracts will
expire on December 31, 2010
In advance of this expiration date the Water Department sought proposals from qualified firms with
technical, industry and legal expertise specific to these wholesale water agreements to assist staff in the
review and negotiation of new wholesale water contracts with its wholesale water customers An
evaluation team consisting of staff and representatives of the Wholesale Customer Advisory Committee
reviewed the proposals and presentations by the firms consulting The team recommended that the Water
Department contract with R.W Beck, Inc., and Booth, Ahrens and Werkenthin, P C , to assist the City in
drafting and negotiating the new Wholesale Water Contracts
The City Council approved the hiring of Mr Michael J Booth with the law firm of Booth, Ahrens and
Werkenthin, P C , to assist the City Attorney with regard to the legal issues concerning the negotiation and
drafting of new Wholesale Water Contracts by M&C G-16231 on August 19, 2008, in the amount of
$14,700 00 Negotiations have required more legal services than anticipated
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon approval of the above recommendations
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and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Water and Sewer Fund Upon approval, the unaudited,
unreserved, undesignated fund balance of the Water and Sewer Fund will exceed the minimum reserve as
outlined in the Financial Management Policy Statements
FUND CENTERS
TO Fund/Account/Centers FROM Fund/AccounUCenters
PE45 539120 0609000 $25,000.00 PE45 539120 0609000 $25,000.00
CERTIFICATIONS
Karen Montgomery (6222)
Submitted for City Manager's Office bv• Fernando Costa (6122)
David Yett (7623)
Originating Department Head. Frank Crumb (8246)
Christa Reynolds (8984)
Additional Information Contact: Skipper Shook (8402)
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