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ORDINANCE NO
AN ORDINANCE DISAPPROPRIATING FROM THE GENERAL FUND,
GGO1, FIRE DEPARTMENT, CENTER 0365030, DIVISION
3-MEACHAM FIELD OF THE CITY OF FORT WORTH FOR FISCAL
YEAR 1990-91 BY THE SUM OF 5393,092 00 AND INCREASING
GENERAL FUND UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, INCREASING ESTIMATED RECEIPTS IN THE AVIATION
FUND, PE40, AVIATION DEPARTMENT CENTER 0553010, MEACHAM
FIELD BY 5393,092 00 AND APPROPRIATING SAID AMOUNT TO
THE AVIATION FUND, PE40, AVIATION DEPARTMENT CENTER
0553010, MEACHAM FIELD, FOR THE PURPOSE OF TRANSFERRING
11 POSITIONS AND THE RESPONSIBILITY FOR AIRCRAFT RESCUE
AND FIREFIGHTING ACTIVITIES; PROVIDING FOR A
SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN
CONFLICT HEREWITH, PROVIDING FOR ENGROSSMENTS AND
ENROLLMENT; 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 1990-91 and in the Budget of the
City Manager, there shall also be a disappropriation of
$393,092 00 in the General Fund GGO1, Fire Department, Center
0365030, resulting in an increase in the General Fund
Undesignated Fund Balance There shall also be increased
estimated receipts of 5393,092.00 in the Aviation Fund, PE40,
Aviation Department, Center 0553010 transferred from the General
Fund Undesignated Fund Balance, and an appropriation of said
5393,092.00 to the Aviation Fund, PE40, Center 0553010, from
increased receipts for the purpose of transferring 11 positions
and responsibility for aircraft rescue and firefighting
activities from the Fire Department to the Aviation Department.
effect
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 or competent jurisdiction, such decision, opinion or
judgement 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
SECTION 3
That this ordinance shall be cumulative of Ordinance No. 10652
and all other ordinances and appropriations amending the same
except in those instances where the provisions of this ordinance
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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
sEeTION 4.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
effective date into the minutes of the City Council and by filing
this ordinance in the ordinance records of the City of Fort
Worth.
SECTION 5.
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 A5 TO FORM AND LEGALITY:
City Attorney
Date.
Adopted:~~ /' / Q
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RECOMMENDATION:
It is recommended that the City Council:
1. Repeal Ordinance No. 10404;
2. Adopt the attached supplemental appropriations ordinance; and
3. Adopt the attached ordinance authorizing the transfer of Aircraft Rescue
and Firefighting activities at Meacham Airport from the Fire Department
to the Aviation Department, effective December 1, 1990.
DISCUSSION:
In City Ordinance No. 10404 (effective September 22, 1989), the City Council
authorized the transfer of the Aircraft Rescue and Firefighting ("ARFF")
activities at Meacham Airport from the Aviation Department into the Fort
Worth Fire Department. For many years the City had maintained the
specialized ARFF unit at Meacham Airport staffed by civilian (non-civil
service) personnel under the direction of the Aviation Department. In
Ordinance #10404 (M&C Reference No. G-8243) as well as the public record of
the Council discussions, the Council expressed its desire to begin a
consolidation of said duties into the Fire Department. Said transition was
expressly made contingent upon the occurrence of many events, most relevant
hereto being that said transition would not result in layoffs or termination
of employment for the Meacham ARFF personnel, and further that successful
completion would have to include achieving the status of civil service
employment for those Meacham ARFF personnel. The Council expressly reserved
its option to reverse the intended transition and to resume said ARFF
activities within the Aviation Department in the event that all said
contingencies could not be successfully accomplished.
Shortly after enacting Ordinance 10404, a lawsuit entitled The International
Association of Firefighters Local 440 vs. the Citv of Fort Worth, Cause No.
342-123792-89 was filed against the City by the labor association comprised
of civil service status firefighters employed by the City's Fire Department.
The suit was brought to enjoin the City's efforts expressed in Ordinance
#10404, to have the Court declare said Meacham Field positions must be
immediately staffed by Civil Service Firefighters, as well as seeking
promotions to those named civil service personnel who were allegedly harmed
by the attempted transition.
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DATE REFERENCE SUBJECT r:~r~r~~ yr VRVlI\nl\\.L nv. ivw-r, PAGE
NUMBER TRANSFER OF AIRCRAFT RESCUE AND 2
11-27-90 G-$931 FIREFIGHTING ACTIVITIES AT MEACHAM 1of
THE AVIATION DEPARTMENT; SUPPLEMENTAL
BUDGET APPROPRIATIONS ORDINANCE TO
EFFECTUATE SAME
DarE REFERENCE
NUMBER suBJECr REPEAL OF ORDINANCE N0. 10404; PAGE
11-27-90 G-8931 RANSFER OF AIRCRAFT RESCUE AND 2 oft
AIRPORT FROM THE FIRE DEPARTMENT TO
THE AVIATION DEPARTMENT; SUPPLEMENTAL
BUDGET APPROPRIATIONS ORDINANCE TO
EFFECTUATE SAME
Although the Court has not made a ruling on the contested issues, City
Management now recommends repealing Ordinance No. 10404 and its intended
purposes. It is believed that continued litigation of the matters involved
would be very time consuming as well as costly, whether successful or not.
Further, one possible outcome of the litigation is that the City would be
forced to layoff without cause the eleven Meacham Airport civilian personnel
if the Court were to. rule against the City. Attempts to negotiate a mutually
agreeable settlement were unsuccessful.
Transfer of the Meacham ARFF personnel back under the command of the Aviation
Department will not result in the deletion of any civil service positions
since the same civilian (non-sworn) personnel are being transferred back to
Aviation as were originally employed therein prior to Ordinance 10404.
Further, there are no expected expenditures for new facilities or equipment
at this time as the equipment presently located at Meacham Airport can be
transferred to and utilized by the Aviation Department. Further, the
quality, safety and efficiency of operation concerns will not suffer because
the same personnel and equipment will be utilized to provide emergency
services at Meacham Airport.
FINANCING:
The 1990-91 Adopted Budget reflects $393,092 and 11.0 authorized positions in
the General Fund, GGO1, Fire Department Center No. 0365030, Division
3-Meacham Field, to provide for aircraft rescue and firefighting activities
at Meacham Field. These eleven positions will be transferred back to the
Aviation Fund, and the entire appropriation of $393,092 will be
disappropriated from the General Fund, GGO1, Fire Department Center No.
0365030., Division 3-Meacham Field, increasing the General Fund Undesignated
Fund Balance by $393,092. The increase in the General Fund balance will be
used to increase estimated receipts in the Aviation Fund by $393,092 and
support a supplemental appropriation of the same amount to the Aviation Fund,
PE40, Center No. 0553010, Meacham Field.
All current year expenditures and encumbrances made against these funds while
in the Fire Department will be appropriately transferred to the Aviation
Department as well. APPROVED BY
wA:u CITY COUNCIL
1210404
`~ o v 2~ 1990
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SUBMITTED FOR THE
CITY MANAGER'S gob Terrel 1 6143
OFFICE BY DISPOSITION BY COUNCIL: City SeCi9t
D APPROVED City of Fort 7FiBeESSEO BY
Orth, Text
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: BOb Terrel 1 6143 } CITY SECRETARY
FOR ADDITIONAL. INFORMATION
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