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HomeMy WebLinkAboutOrdinance 19106-04-2010Ordinance No 19106-04-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $25 000 00 AND DECREASING THE UNAUDITED UNRESERVED UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR LEGAL REPRESENTATION IN RELATION TO PREMATURE STREET FAILURES 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 General Fund in the amount of $25 000 00 and decreasing the unaudited unreserved undesignated fund balance by the same amount for legal representation in relation to premature street failures 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ®l Assistant City Attorney ADOPTED AND EFFECTIVE. April 13, 2010 City of Fort Worth, Texas Mayor and Council Communication __~... . E .. , - COUNCIL ACTION: Approved on 4/13/2010 -Res. No 3875-04-2010 & ©rd. No. 19106-04'- 2010 DATE Tuesday April 13 2010 REFERENCE NO *G-16893 LOG NAME 12WHITAKER CHALK INCREASE FS GENERAL2 SUBJECT Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker Chalk, Swindle and Sawyer L.L.P to Assist the City with Legal Matters Concerning Premature Street Failures in an Additional Sum of $25 000 00 and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICTS 2 and 6) RECOMMENDATION It is recommended that the City Council authorize the City Manager to 1 Adopt a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer L.L.P by $25 000 00 for assisting the City with legal matters concerning premature street failures, and 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund by $25 000 00 and decreasing the unaudited unreserved undesignated fund balance by the same amount. DISCUSSION By adopting M&C G-15239 on June 20 2006 the City Council approved Whitaker Chalk, Swindle and Sawyer L.L.P (Whitaker Chalk) to assist the City with various legal issues regarding the City's Water Department and Transportation and Public Works Department (TPW) contracts and authorized payment to Whitaker Chalk in an amount not to exceed $50 000 00 M&C G-15680 adopted on April 17 2007 increased the authorized amount to $150 000 00 M&C G-15873 adopted on September 25 2007 increased the authorized amount to $200 000 00~ M&C G-16055 adopted February 19 2008 increased the authorized amount to $250 000 00 M&C G-16288 adopted September 30 2008 increased the authorized amount to $350 000 00 M&C G-16541 adopted on April 21 2009 increased the authorized amount to $500 000 00 M&C G-16770 adopted on December 8 2009 increased the authorized amount to $650 000 00 Through March 1 2010 Whitaker Chalk has been paid $646 815 40 with no outstanding bills. All matters concerning the Water Department and TPW contracts and representation of the City in litigation are still pending Because of the extraordinary importance of the issues raised it is the recommendation of the City Attorney to authorize an additional sum of $25 000 00 to Whitaker Chalk for their services concerning those matters not to exceed $675 000 00 The affected streets are located in COUNCIL DISTRICTS 2 and 6 FISCAL INFORMATION /CERTIFICATION Logname• 12WHITAKER CHALK INCREASE FS GENERAL2 Page 1 of 2 The Financial Management Services Director certifies that upon the approval of the above recommendations and adoption of the attached supplemental appropriation ordinance funds will be available in the current operating budget, as appropriated of the General Fund Upon approval the unreserved undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers GG01 538110 0121000 $25,000.00 CERTIFICATIONS Submitted for City Manager's Office by. Originating Department Head. Additional Information Contact: Fernando Costa (6122) David Yett (7623) Frank Crumb (8246) Harvey Frye (8715) Gerald Pruitt (7616) Logname: 12WHITAKER CHALK INCREASE FS GENERAL2 Page 2 of 2