HomeMy WebLinkAboutOrdinance 12941ORDINANCE NO/~C~~?~1
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND BY $20,000 AND DECREASING
THE UNRESERVED, UNDESIGNATED GENERAL FUND BALANCE BY
$20,000 FOR THE PURPOSE OF FUNDING THE EMPLOYMENT OF OUTSIDE
LEGAL COUNSEL FOR ASSISTANCE IN THE REVIEW AND REVISION OF
CITY ORDINANCES PERTAINING TO THE USE OF PUBLIC RIGHTS-OF-
WAY BY PROVIDERS OF TELECOMMUNICATIONS SERVICES, PROVIDING
FOR A SEVERABILTTY 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 1996/97 and in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund by $20,000 and decreasing the Unreserved, Undesignated General Fund balance by $20,000 for the
purpose of funding the employment of outside Legal counsel for assistance in the review and revision of City
ordinances pertaining to the use of public rights-of-way by providers of telecommunications services.
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. 12629 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and appropriations are hereby expressly repealed.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 and be in full force and effect from and after the date of its passage, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY
Assistant City Att ey
3-z~-p~
Date
~/ / g7
Adopted
Effective
City of Fort Worth, Texas
Mayor and Council Communication
04/01 /97 ~ **G-11843 ~ 12PESTLE ~ 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND EMPLOYMENT OF OUTSIDE
LEGAL COUNSEL FOR ASSISTANCE IN THE REVIEW AND REVISION OF CITY
ORDINANCES PERTAINING TO THE USE OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS
OF TELECOMMUNICATIONS SERVICES
RECOMMENDATION
It is recommended that the City Council
1 Retain John Pestle and the law firm of Varnum, Riddering, Schmidt & Howlett,
L L.P ("Varnum, Riddering"- as outside counsel, pursuant to Chapter VI, Section
3 of the City Charter, to assist the City Attorney in the review and revision of City
ordinances pertaining to the use of public rights-of-way by providers of
telecommunications services, and
2 Adopt the attached resolution fixing in advance, as far as practicable, that the sum
to be paid Varnum, Riddering shall not exceed 5260 00 per hour for a total amount
not to exceed $20,000 00, and
3 Adopt the attached supplemental appropriations ordinance increasing the General
Fund appropriation by 520,000 00 and decreasing the unreserved, undesignated
General Fund balance by the same amount
DISCUSSION
Over the past year, the Federal Communications Commission ("FCC") has promulgated a
number of rules and regulations as part of its mandate by Congress to implement the
Telecommunications Act of 1996 (the "Act") The Act significantly reduces federal regulation
of the telecommunications industry in an effort to enhance competition in the industry As
expected, the number of new telecommunications providers offering a variety of
technologically advanced services has greatly increased Although the Act states that local
ggvernments are to retain their traditional right to manage their rights-of-way and to collect
just compensation for their use, some of the FCC's new rules and regulations appear to restrict
this right unless municipalities follow certain procedures and establish certain guidelines and
pol.icies.,~regarding the use of the rights-of-way In addition; some telecommunications
a .: " ~,;". ;r.
pr.ov }d,e~rs•Pin~other parts of the country have challenged the right of municipalities to collect
=francliis'e fees'cir other forms of compensation from the use of the rights-of-way
The~City staff feels that it is necessary to review and possibly revise City ordinances that
pertain-¢to~the,~use of the public rights-of-way by telecommunications providers in the City of
Drinturf en Receded Paper .. , ` ' .r• ?• n
r. ,
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NAMBER LOG NAME PAGE
04/01 /97 **G-11843 12PESTLE 2 of 2
SIIBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND EMPLOYMENT OF OUTSIDE
LEGAL COUNSEL FOR ASSISTANCE IN THE REVIEW AND REVISION OF CITY
ORDINANCES PERTAINING TO THE USE OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS
OF TELECOMMUNICATIONS SERVICES
Fort Worth The complexity of the Act, the new FCC rules and regulations and the technology
involved in the telecommunications industry warrant the use of outside legal counsel with
significant telecommunications experience The engagement of the services of John Pestle
and Varnum, Riddering will ensure that the City is able to assert its rights to manage the public
rights-of-way and to collect just compensation for their use to the greatest extent legally
possible
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that upon adoption of the supplemental appropriations
ordinance, funds for this expenditure will be available in the current operating budget, as
appropriated, of the General Fund After this transaction the unreserved, undesignated fund
balance of the General Fund will be 527,118,856
CBf
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GGOI 531200 01210000 $20,000.00 APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
AP~ Z ~g~
Wade Adkins 7623 (from)
For Additional Information City Secretary oI the
Cit
f F
rt W
Contact: q o
o
orth. Texas
Wade Adkins 7623
>~ Printed on Recyded Paper Adopted ResolutEOn No. ~~~ ~ Adopted Ordnance N0. ~,~~