HomeMy WebLinkAboutContract 43996 (2)e ;rt i
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INTERLOCAL AGREEMENT
BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This INTERLOCAL AGREEMENT ("Agreement") is made and entered into this the
�� day of �:�) 2 L t��v�%� ; 2012 by and between the CITY OF FORT WORTH, a home-rule
municipal corporation of the State of Texas (the "City"), and the BOARD OF TRUSTEES of the
FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of
Texas and a legally constituted Independent School District located within Tarrant County,
Texas (the "FWISD").
RECITALS
This Agreement is made under the authority granted to the City and the FWISD by and
pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL
COOPERATION ACT.
WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School
District Board of Trustees have determined that the security and well-being of students at middle
and elementary schools during after-school hours of 3:00 to 6:00 PM are of prime importance;
and
WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School
District Board of Trustees by consensus agree that the activities of elementary and middle school
children during these critical hours are of paramount importance to both government entities; and
WHEREAS, for more than a decade, the FWISD and City have entered into a series of
Interlocal Agreements for the creation and operation of a Coordinating Board to oversee and
operate after-school programs at selected FWISD schools as a juvenile crime prevention
measure, with the most recent agreement being Fort Worth City Secretary Contract 42459 (the
"Coordinating Board Agreement"); and
WHEREAS, FWISD and City anticipate renewing the Coordinating Board Agreement to
continue funding and operating the coordinating board and the after-school program for the
2012-2013 school year; and
WHEREAS, for several years, the Coordinating Board, pursuant to its powers and the
terms of the Cooi•dinating Board Agreement, has designated the City, through its Parks and
Community Services Department, to provide the after-school program at Como Elementary
School; and
WHEREAS, the FWISD, on behalf of the Coordinating Board, and the City wish to enter
into a new agreement so that the City, through its Parks and Community Services Department,
may continue to provide the after-school program at Como Elementary School for the 2012-2013
school year. - --
Interlocal Agreement For Como Elementary School Year 2012-2013
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NOW THEREFORE, in consideration of the mutual covenants her•ein expressed, the
City, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by
and through its duly authorized superintendent, do hereby covenant and agree as follows:
AGREEMENT
Pursuant to the designation by the Coordinating Board under the Coordinating Board
Agreement, the City and FWISD agree that:
l. SCOPE OF SERVICES. The City will implement and operate the after-school
program at Como Elementary School pursuant to the terms of the Coordinating
Board Agreement governing the 2012-2013 school year. The Coordinating Board,
as authorized under the Coordinating Board Agreement, shall oversee the
implementation and operation of said programs.
2. GOALS AND MISSION STATEMENT. The mission of the After-School
Program at Como Elementary School shall be:
"To enable needs-based after-school programs in a safe environment that result in
educational, physical, and social development for elementary and middle school
aged children."
Goals of the After-School Program shall include, at a minimum:
.
.
➢ To provide homeworlc assistance, tutorial, and relevant educational
programs
To improve the awareness of the importance of learning
To reduce the level of truancy
To address the students physical needs
To provide activities that promote social development
To reduce juvenile arrests
To reduce juvenile victims of crimes during the target hours
Operational Imperatives are:
1
2.
�3
To establish program goals and objectives that are measurable and result
in desired outcomes through a scientific evaluation process
To ensure that program participants achieve improvement in core program
outcomes through an accountable system of ineasurement
To ensure that existing programs are not duplicated, or if appropriate, are
expanded or complimented through an inventory and evaluation of
existing programs.
Interlocal Agreement For Como Elementary School Year 2012-2013 Page 2 of 7
3. FUNDING.
FWISD agrees to pay the City up to Fifty Nine Thousand Twenty-Six Dollars and
00/100 ($59,026.00) to fund the operation of the After-School Program at Como
Elementary School.
Pursuant to 791.011 of the Interlocal Cooperation
performance of governmental functions or services
from current revenues available to the paying party.
30 days from receipt of invoice.
Act, each party paying for
must make those payments
Payments will be due within
4. TERM. The term of this Agreement is for a period beginning on July l, 2012, and
ending on June 30, 2013 and shall cover the entire 2012-2013 school year.
5. NON-APPROPRIATION OF FUNDS. It is expressly understood and agreed between
the parties that this Agreement is wholly conditioned upon the actual receipt by the City
of funds from the Fort Worth Crime Control and Prevention District. If, for any reason,
at any time during any term of this Agreement, the City Council fails to appropriate funds
sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agreement to be effective on the later of (i) thirty (30) days following
delivery by the City to FWISD of written notice of the City's intention to terminate or (ii)
the last date for which funding has been appropriated by the City Council for the
purposes set forth in this Agreement.
6. TERNIINATION OF AGREEMENT. If the City or the FWISD fails, for any reason, to
perform any provision of this Agreement, this Agreement may be terminated if the
default continues for a period of thirty (30) days after the notifying party noti�es the
defaulting party in writing of the default and its intention to declare this Agreement
terminated. If the defaulting party does not cure or correct such breach within the thirty
(30) day period, the notifying party shall have the right to declare this Agreement
immediately terminated and neither party shall have further responsibility or liability
hereunder.
This Agreement may be terminated by either party, in whole or in part at any time with
or without a reason, upon written notice to the other pariy. Such written notice shall
specify to what extent the work under the contract is being terminated and the effective
date of termination.
7. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the
oth�r party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid,
to the address of the other party shown below:
If to Citv
Susan Alanis
Assistant City Manager
City of Fort Worth
If to FWISD
Walter Dansby
Superintendent
Fort Worth Independent School District
Interlocal Agreement For Como Elementary School Year 2012-2013 Page 3 of 7
1000 Throckmorton St.
Fort Worth, Texas 76102
(817) 392-8180
With a copY to:
City Attorney's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
100 N. University Dr.
Fort Worth, Texas 76107
(817) 871-2000
With a copy to:
General Counsel's Office
Fort Worth Independent School District
100 N. University Dr.
Fort Worth, Texas 76107
8. INDEPENDENT CONTRACTOR. FWISD shall operate hereunder as an independent
contractor and not as an officer, agent, servant or employee of the City. FWISD shall
have exclusive control of and the exclusive right to control the worlc designated to the
FWISD to be performed hereunder, and all persons performing the same, and shall be
solely responsible for the acts and omissions of its officers, members, agents, servants,
and employees. Neither City nor FWISD shall be responsible under the Doctrine of
Respondeat Superior for the acts or omissions of of�cers, members, agents, servants,
employees of the other. Nothing herein shall be construed as creating a partnership or
joint enterprise between City and FWISD.
9. NONDISCRIMINATION. Neither the City nor FWISD nor any of their respective
officers, members, agents, servants, employees, program participants, or
subcontractors, while engaged in performing this contract, shall in connection with the
employment, advancement, or discharge of employees, or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of
their age, except on the basis of a bona fide occupational qualification, retirement plan,
or statutory requirement.
The City and FWISD agree that, in the execution, performance, or attempted
performance of this Agreement, they will not discriminate against any person or
persons because of gender, race, religion, color, sexual orientation or national origin,
nor will FWISD permit its officers, agents, servants, employees, subcontractors, or
program participants to engage in such discrimination.
10. SEVERABILITY. The provisions of this Agreement are severable and if for any
reason a clause, sentence, paragraph or other part of this Agreement shall be determined
to be invalid by a court or federal or state agency, board or commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect without the invalid provision.
11. WAIVER OF DEFAULT. No waiver by the parties hereto of any default or breach or
the failure to insist upon the performance of any term, condition, provision, or covenant
of this Agreement shall be deemed to be a waiver or relinquishment to any extent of
any other breach of the same or any other term, condition, provision, or covenant
contained herein or the right of the parties to assert or rely upon any such term.
Interlocal Agreement For Como Elementary School Year 2012-2013 Page 4 of 7
12. NOTICE OF CLAIMS. FWISD and City agree to notify the other promptly upon the
receipt of any claim or lawsuit brought in connection with any injury, death or damages
related to this Agreement. FWISD and City agree to make their respective officers,
agents, servants, and employees available at all reasonable times or any statements and
case preparation necessary for the defense of any claims or litigation for which the
other party may be responsible hereunder.
13. EFFECT ON THIRD PARTIES. Nothing herein shall be deemed to constitute a waiver
of any immunity or affirmative defense, which may be asserted by FWISD or the City
as to any claim of any third party.
Nothing herein shall be construed in any manner, to create a cause of action for the
benefit of any person not a party to this Agreement, or to create any rights for the
benefit of any person not a party to this Agreement not otherwise existing at law.
14. INSURANCE. FWISD agrees to require its contractors to furnish the City with
certificates of insurance, acceptable to the City, as proof that they secured and paid for
a policy of commercial liability insurance covering all public rislcs related to worlc
performed under this Agreement.
15. FORCE MAJEURE. If either party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other
industrial disturbances; acts of public enemies; wars; blocicades; insurrections; riots;
epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by
any court, board, department, commission, or agency of the United States or of any
state; declaration of a state of disaster or emergency by the federal, state, county, or
City government in accordance with applicable law; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force
Maj eure Event will be suspended only during the continuance of such Event and any
time period applicable to performance of such obligations shall be extended for a period
of time equal to the duration of the Force Majeure Event.
16. HOMELAND SECURITY. If the United States Department of Homeland Security
issues a Level Orange, or Level Red Alert, City, in its sole discretion, after
consultation with FWISD, may cancel or postpone any scheduled event in the interest
of public safety. If City cancels an event, FWISD will be entitled to a refund of any
prior fees paid to the City.
17. APPLICABLE LAW.
(a) This contract shall be construed in accordance with the laws of the State Of
Texas.
(b) Should any action, whether real or asserted, at law or in equity, arise out of
the execution, performance, attempted performance, or non-performance of
Interlocal Agreement For Como Elementary School Year 2012-2013 Page 5 of 7
this Agreement, venue for said action shall lie in Tarrant County, Texas or
the Federal Court of the Northern District — Fort Worth Division.
18. HEADINGS. Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
19. ENTIRE AGREEMENT. This written instrument constitutes the entire understanding
of the parties hereto concerning the worlc and services to be perfoi•med. Any prior or
contempoi�aneous oral or written agreement that purports to vary from the terms hereof
shall be void.
20. AMENDMENT. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless the same is in writing, dated subsequent to the date
hereof, and duly executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
in Fort Worth, Tarrant County, Texas this Z� day of U�.� ��L•-�-�r-�; 2012.
CITY OF FORT WORTH
FORT WORTH INDEPENDENT
SCHOOL DISTRICT
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B��-�1,�--�-��-
Susan A�lanis
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
By� �rr.�.u�
Walter Dansby
Superintendent
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Assistant City Attorney
Contract Authorization
M&C: G25640 & C-25779
Date: June 5, 2012 & August 7, 2012
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ATTEST:
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Mary J. Ka�s�
City Secretary
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Interlocal Agreement For Como Elementary School Year 2012-2013 age 6iPf 7
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas,
on this day personally appeared Susan Alanis, Assistant City Manager, lcnown to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same as the act of the City of Fort Worth and that he executed the same as the act of the said
City of Fort Worth for the purposes and consideration therein expressed and in the capacity
herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �( day
of � LC : � , 2012.
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�`�'��',��` ��'��'�4 Public in and for the S te of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appea.i�ed Walter Dansby, Superintendent, known to me to
be t e person whose name is subscribed to the foregoing instrument, and acicnowledged to me
that the same was for the purposes and consideration therein expressed, as the act and deed of the
Fort Worth Independent School District, and in the capacity therein stated as its authorized
ofFcer or representative.
GIVEN UNDER MY
, 2012.
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Interlocal Agreement For Como Elementary School Year 2012-2013 Page 7 of 7
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C�UNCIL ACTION: Approved on 8/712012 - Ordinance No. 20320-08-2012
DATE:
CODE:
SUBJECT:
8/7/2012 REFEREIdCE IVO.: C-25779 L9G NAME: $OFWISD12-
ADDiTIONAL FUiVDS
ND1V- PUBLI�
C �PE' CONSENT HEARING: NO
Authorize Acceptance of Additional Grant Funds from the Fort Worth Independent School
Disirief in fhe Amaunf Up fo ��,950.00 for Operation of the Fort WorEh Rfter �chool
Program at Como Elementary Schoai for the 2012-2013 School Year, Authorize
Execution �f a Related Agreement with the Fort Worth Independent School District for the
T6tat 7�mount c�f the �ward an� �ldopt �ppropriation Ordinance ���IJN�iL�DtST�tCT7)
REC�MM�ND�4T1�N;
It is r�commended that the City Council:
1. Aatt�ori�ettfie �eeep4a�ree-of-additianal-grantfiundsfirom-the-Fort t/k/orth-hrcte�pendent Schoal-District
in the amount up to $8,950.00 for operation of the Fort Worth After Schaol Program at Como
Elementary School for the 2012-2013 school year;
2. Authorize execution of a related Agreement with the Fort 11Vorth Independent School District for the
tal amount of the award; and
�.-A_dopt.the_attached-apprapciation-ordinanc�-�ncr�asing-�stEr�a�ed xeceipts-a�d-appFoprEa�io�� in-�he
Grants Fund in the amount up to $8,950.00, subject to receipt of the grant funds.
DiSCUSSf�N:
On June 5, 2012, the City Council appraved the execu#ion of an A�reement with the Fort Worth
Independent School District in the amount up to $50,076.00 for the operation of an After-School
Program at Como Elementary School (M&C C-25640). The After-School Program serves as a
juvenile crime prevention measure for participants. The Parks and Community Services Department
has been operating the Como Elementary School After-School Program since 2000. On June 19,
2Q12, fhe Cify reeeived noiiee thaf fhe grant was increased by an additiona( amount up to $8,950.00
for a total amount of $59,026.D0.
Funds will be reimbursed based �n ���aal expen�iture�, an� ih� Agr�eraaent #�rm runs #rnr� �lul� 1,
2012 through June 30, 2013 and encompass the enfire 2012-2013 school year.
This program is located in COUNGIL DISTRICT 7.
�ISCAL ti��01�MAT10N/CER7IFICATIC)N:
Th� Finan�ial Mara�g�tnsn# S�rva�es Dir�ciot ce�#i�Es xhat up� apptnual �f i�e abovE
recommendations and adoption of the attached appropriation ordinance, funds wil! be availab(e in the
current operating budget, as appropriated, of the Grants Fund.
�
TO Fund/Account/Centers
FROM Fund/AccountlCenters
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17117&cauncildate=8/7/2012 9/28/2012
Mc�t; Kevlew
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Submitted for City Manager's OfFice b�
Susan Alanis (8180)
Originatinq Department Head:
� �, .�._ , ��, . . .
Richard Zavala (5704)
Soaaia Sir�gletan j5��4�
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http://apps.cfwnet.or�/council 1�acket/rnc review.asb?ID=17117&councildate=8/7/2012
Page 2 af 2
9/28/2012
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Ordinance No. 20320-Q�-2012
AN QRDINANCE iNCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT UP TO
�8,950.00, �UBJECT TO RECEIPT OF ADDITIONAL GI2ANT FUNDS FROM
'��E �{3��' �VL3R�'� II�1DE�'�I��3�1�1T �C�i{30�, �3IS�'R�C�', �t�R '��E
['URPflSE OF OPERATING THE FORT WORTH AFTER SCHOOL
PRQGRAM AT COMO ELEMENTARY SCHQOL FOR THE 2412 — 2013
SCHOOL YEt�R; PRQ�TIDING FOR. .� �E�EI�ABILIT�' CLAU��; MA�ING
THIS CDRDATANCE CUMULATI�E OF PRIOR ORDINANCES; REFEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND PR4VIDING AN
EFFE�TIVE DAfiE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY QF FQRT
WORTH, TEXAS:
SECTTON l.
That in addition to those atnounts allocated to the various City departments for Fiscal Year 2Q11-
2012 in the Budget of the City Manager, there shall also be increased estimated. receipts and
appropriations in the Grants Fwnd in the amount up to $8,950.00, sub;ject to receipt of additional
� grant funds from the Fort Worth Independent School District, for the purpose of operaring the Fort
Worth After Schaal Program at Como Elementazy School for the 2012 — 20i3 school year.
SECTION 2.
'Fhat s�.ould ar�y po�tion; s��ion or part of a seEtion of this ordinanee be deelared invalid,
inoperativ� ar void for any reason by a court of competent jurisdiction, such decisian, opinion ar
judgnent shall in no way impair tt�e retnaining portions, sectians, or parts of sections of this
ordiaar�ee, �v�ieh -said �en�g �rcr�isiorts �ii �e and remain in fi�ii fr�ree and efFect.
SECTION 3.
That this ordinance shall be cumulative of Qrdinance No.19911-09-2011 and all other ordinances
and appropriations amending the same except in those instances where the provisions of this
orc�inance are in direct conflict w�t�h such oiher ordinanees and appropriations, in which i�nstance
said conflicting provisions c�f said prior ordinances and appropriations are hereby expressly
repealeci.
�
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SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS T4 FOR.M ANt� LEGALITY:
AI70PTEI3 AND E�'FECTNE: AuQust 7, 2Q12
Ivic��: Keview
Page 1 of 2
Of�icial site n� th;� � i�y o� F�rt Wnr��, ie�;as
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CDUNCIL ACTION: Approved on 6/5/2012 - Ordinance No. 20236-06-2012
DA'PE: 6/5/2012 RE�E�ENCE RI(3.: C-25640 L�� tVAnRE: 8dFWISD12
�ODE: C `TYPE: NON-CONSENT PUBLIC HEARING: NO
�UBJECT: Authorize Execution of an Agreement with ihe Fort Worth independent Schaal District in an
Amount Up to $50,076.00 for Operation of #he Fort Worth After School Program at Como
Elementary School for the 2012-2013 School Year and Adopt Appropriation Ordinance
(Ct�UN�IL D(�7RI�T 7)
RECOMMENDATION:
if is recomrrtended that the City Council:
1. Authorize the execution of an Agreement with the Fort Wo�kh Independent Schooi District in an
amount up to $50,076.00 to provide the Fort Worth After School Program at Como Elementary
�choo! for the 2012-2013 schoo! year; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in an amount up to $50,076.00.
SCUSSfON:
On August 8, 2000, the City Council approved (M&C C-18183), which authorized an Agreement with
the FortlNorfh lndependent School District (FWISD) for the creation Qf a coordinating bo�rd and
operatian of an after schoal program at selected FWISD schools to serve as a juvenile crime
prevention measure. The Parks and Community Services Department has been ope�ating the Como
�lertt�enf�ry ��t��ol site �s# tt�i� prb���m sinee 20QQ.
Both the City and FWISD wish to continue this arrangement for the 2012-2013 school year.
The Cify will receive up to $50,076.00 for Como Elementary Schaol. Funds wili be reimbursed based
on actual expenditures and the Agreement term wiil run from July 1, 2012, through June 30, 2013
and encompass the entire 2012-2013 school year.
This program is located in COUNCIL DISTRICT 7.
FISCAL lNFORMATIOIdlCERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be avaiiable in the
current opsrating budget, as appropriated, of the Grants Fund.
T� Fund/Acc�t�ntlCenter�
GR76 488917 080449978000
GR76 5)UCXXX 08Q449978010
50 076, 00
$50,076.00
� . - � . . �� . : � • • ; .
- • �_� . . � . -
�ar� �lar�is .(81SD�
http://apps.cfwnet.org,/council packet/mc review.asp?ID=16764&eouncildate=6/5/2012 9/28/2012
M&C Review
Originatin epactment Head:.
dditionai Information Contact:
Richard Zavala (5704)
Sonia Singleton (5774)
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Page 2 of 2
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Qrdinance No. 20236-06-2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $50,076.00,
SUBJECT TO RECEIPT OF FAYMENT FROM THE FORT WORTH INDEPENDENT
SCNOOL DISTRICT, FOR TI-� PURPOSE OF FIIKI7IlV� AN AFTBR S�H�X?L
PROGRAM AT COMO ELEMENTARY SCHQQL �'OR THE 2012-2013 SCHQOL
YEAR; PROVIDiNG FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATNE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWTIf�; AND PROVIDING AN EFFECTNE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION l.
�
That in addition to those amounts allacated to the various City departments far Fiscal Year 2011-2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and apprapriations in the Grants
Fund in the arnount of $50,076.00, subject to receipt of payment from the Fort Worth Independent Schoal
District, for the purpose of funding an after schoal program at Como Elementary School, for the 2012-
2013 school year.
�ECTION 2.
i'hat should any portion, se�tion or part of a section of fhis ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such de�isiou, opinion or judgment shalt in no way
impair the remaining portions, sections, or parts of sections af this ordinance, which said remaining
provisions �hall be and remaiu in full forc� att[d �ff�t,
SECTION 3.
That #tiis ordinance shaIl �be cumulative o� Ordinanc� No.19911-d9-ZOl 1 and all other ordinances and
appmpriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ardinances and appropriations, in which instance said conflicting provisions
bf s�icl prior oi�8iiiatice� aii8 apprtipi�a�ioris ai�e hereby expressly repealed.
SECTION 4.
T'his ordinance shatl take eIi'ect upon adoption.
1�PPRU�ED �� TO FORM A.ND LEGaLITY:
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Assista�pY'City Attorney
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