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HomeMy WebLinkAboutOrdinance 13431Ordinance No f ~ ~~ AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PROPERTY AND CASUALTY FUND IN THE AMOUNT OF $100,000 00 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING OUTSIDE COUNSEL AND LEGAL SERVICES FROM KELLY, HART AND HALLMAN, FOR WATER AND WASTEWATER RELATED ISSUES, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES, REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTNE 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 1997-98 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Property and Casualty Fund in the amount of $100,000 00 from available funds for the purpose of funding outside counsel and legal services from Kelly, Hart and Hallman, for water and wastewater related issues. 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 13111 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, mwhich instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 rts passage, and it is so ordained. APPROVED AS TO FORMA LEGALITY e uty City Attorney I ~~ ~Qg Date ~/ Adopted Effective City of Fort 1~Vorth, Textxs M'Ayar and Council CammunicAt;an DATE REFERENCE NUMBER LOG NAME PAGE 4/28/98 G~12198 60LEGAL 1 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE TO FUND OUTSIDE COUNSEL FOR LEGAL SERVICES RELATED 'TO WATER AND WASTEWATER ISSUES AND TO INCREASE EXPENDITURES TO KELLY, HART AND HALLMAN RECOMMENDATION It is recommended that the City Council. 1 Approve the transfer of $100,000 from the Water and Sewer Operating Fund to the Property and Casualty Insurance Fund, and 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Property and Casualty Fund in the amount of $100,000, from available funds, and 3 Approve the attached resolution increasing the amount of expenditure to Kelly, Hart and Hallman as outside counsel to assist the City Attorney in water and wastewater matters before the Texas Water Commission DISCUSSION On July 16, 1991 (M&C G-9219), the City Council authorized the retention of Kelly, Hart and Hallman as outside legal counsel to assist the City Attorney in the City of Arlington wastewater matters before the Texas Water Commission Kelly, Hart and Hallman has continued to represent the City on water related issues since that time On November 18, 1997 (M&C G-12068), the City Council increased the amount authorized to be paid to Kelly, Hart and Hallman as outside legal services 'far water and wastewater issues to $100,000, which was the total anticipated expenditure for FY 1997-98 for the Water Department. However due to anticipated additional expenditures it is recommended that the City adopt the attached resolution increasing by $100,000 the maximum amount to be paid to Kelly, Hart and Hallman for legal counsel to assist the City Attorney Currently, Kelly, Hart and Hallman vs assisting the City Attorney and the Water Department in issues related to the City's National Pollutant Discharge Elimination System (NPDES) Permit under which discharges 'are made into the Trinity River from Village Creek Wastewater Treatment Plant, specifically Malathion and blended flow Assistance is also being provided on issues related to the City's Certificate of Convenience anal Necessity (CCN) for treated water service. The CNN issues are important in the ability to provide treated water service in the northern part of the City, as well as throughout the City After approval of this action, a total of $200,000 will have .transferred from the Water and Sewer Operating Fund to the Property and Casualty Insurance Fund to cover anticipated expenses during FY 97-98 In an effort to track the total City expenditure for outside legal costs, all payments will be made through the Property and Casualty Insurance Fund City of Fort Worth, Texas Ayar end C,aunc;( ~,~mmun~cAt~an n~ DATE 4/28/98 REFERENCE NUMBER G-12'198 LOG NAME 60LEGAL PAGE 2 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE TO FUND OUTSIDE COUNSEL FOR LEGAL SERVICES RELATED TO WATER AND WASTEWATER ISSUES AND TO INCREASE EXPENDITURES TO KELLY, HART AND HALLMAN FISCAL. INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that upon approval of recommendations 1 available in the current operating budget, as appropriated, of the Property and Fund CB•m and 2, funds will be Casualty Insurance Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) (2) FE71 472045 0157122 $100,000.00 ~~Vy~ Mike Groomer 6140 (2) FE71 534060 0157122 $100,000.00 ~` ~~T~ ~Vl"V~~ 1 ~!J Originating Department Head: ~QR ~~ ~~ Lee Bradley, Jr 8207 (from) (1) PE45 538070 0601000 $ 50,000.00 ~.. ~~~~ Additional Information Contact: (1) PE45 538070 0701000 50,000.00 (Jit}~ (3) FE71 534060 0157122 $100,000.00 CitgotFort~Taxl4~, Lee Bradley, Jr 8207 i~~op~ed ~eso(u~o~_~o. Adopto~i i~ao~. ~lo~ ~~