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Home My WebLink AboutOrdinance 100173 6~ ,,. L ORDINANCE N O _~O ~~ AN ORDINANCE INCREASING THE APPROPRIATIONS OF THE GENERAL FUND, FUND O 1, POLICE TRAFFIC ACCOUNT 35-34-00 AND THE MUNICIPAL COURT ACCOUNTS 38-10-00 AND 38-30-00 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1988 B Y APPROPRIATING THERETO THE SUM OF $14,680 AND $40,135, RESPECTIVELY, FROM THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND FOR THE PURPOSE OF FUNDING A PROGRAM TO DECRIMINALIZE PARKING VIOLATIONS, PROVIDING FOR A SEVERABILTTY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. B E 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 1987-88 and in the Budget of the City Manager, there shall also be increased appropriations in the General Fund, Fund O1, Police Traffic Account 35-34-00 of $14,680 and in the Municipal Court Accounts 38-10-00 and 38-30-00 of $40,135 by appropriating thereto said amounts from the Unreserved, Undesignated Fund Balance of the General Fund for the purpose of funding a program to decriminalize parking violations 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 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 effect. SECTION 3 That this ordinance shall be cumulative of Ordinance No 9926 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date into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. r~ o 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 AS TO FORM AND LEGALITY --------~G:e=~ _-~ - -------- City Attorne/y ~-7 Date __ / °? ' ~ ~ _ ~ L---- Adopted _~~~ j.~~~________ Effective _ ~_~ ~ ~~ _______ _~ _ _.,.v ~.9I4~:E'ER Eft+3S .~ ~ _..,. ;~ G #Ei~R~66i~A~l6~f(f~.U~E~E~. ~N Kg: ,~1 ~~ pp ~fw ~r1 ,r17// (~ ~ a ~vn /7/I (~ ~Nn~i~ ~n~1vn ~ a ~vn ~j ,m ~f ~vn ~ar'~w ADRU~rLfiRAt'11}ri ~ ~ U.1/ ® U u..1l~~lllV ~/® uilV u I~~~IL ~./® u u l~0 u l~ u~lV U ll~ (L~~ULIt~~® a lL ~~~~~'~ DATE a e REFERENCE sua~ECT SUPPLEMENTAL APPROPRIATION TO PAGE ~+~,N,~~r~sr~~racrnai~~"18/87 NuMBG-7378 POLICE AND-MUNICIPAL COURT DEPARTMENTS 1 of _ Recommendations It is recommended that the City Council adopt the attached supplemental appro- priation ordinance increasing appropriations in the amount of $14,680 to General Fund O1, Police Traffic Account 35-34-00 and in the amount of $40,135 to General Fund 01, Municipal Court Accounts 38-10-00 and 38-30-00 as specified below, and decreasing Unreserved Undesigned Fund balance. The purpose of the supplemental appropriation is to establish a program designed to decriminalize parking violations Discussion Under existing criminal laws, the courts have the burden of proving a person has committed a parking violation. Since officers who write parking citations seldom observe the driver of a vehicle in violation, enforcement of these cases is virtually impossible. New civil laws make the registered owner of a vehicle responsible for parking violations. Decriminalization also allows for booting and towing of vehicles to gain compliance of violators. On September 1, 1987, S B. No. 919 became effective enabling the decriminaliza- tion of parking violations for municipalities in the State of Texas. In brief, the law states that as municipality may declare the violation of city ord finance relating to parking and stopping of vehicles to be civil offenses and prescribe civil fines pursuant to procedures for administrative adjudication. An ordi- nance must be adopted establ fishing an administrative adjudication hearing pro- cedure and must provide a period for persons charged with violating a parking ordinance to have a hearing and for appointment of a hearing officer or officers. The hearing officer must have authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents enforceable by the Municipal Court. The proposal has been reviewed by the City Council Court Committee during the past two months. The committee has recommended that a six-month pilot program be implemented. After that time, a decision will be made on whether to imple- ment the program fully This typist position in the Municipal Court with related equipment and supplies for a total cost of $40,135. The Police Department will utilize existing staff, but will be provided funds for supplies and equipment totaling $14,680. The benefi t of the City wi 1 1 be the el imination of the backlog of outstanding parking citations and the ability to regulate and enforce the parking ordi- nance. The enforcement mechanisms the City would use will be towing and boot- ing. Revenue from the program will vary depending on number of parking tickets issued, use of the "boot" as an enforcement tool, degree of compliance with DATE REFERENCE SUBJECT SUPPLEMENTAL APPROPRIATION TO PAGE 12/18/87 NUM GR7378 OLICE AND MUNICIPAL COURT DEPARTMENTS 2 ~ 0 with the law which is anticipated to increase as enforcement increases, and penalty fees. It is estimated that revenues could increase by as much as $200,000 based on the anticipated increase in compliance as a result of this system of handling parking violations. Financing A supplemental appropriation of $54,815 from General Fund Balance will be necessary. This will result in a decrease in General Fund balance and an increase in appropriations General Fund O1, Account 35-34-00, Police Traffic ($14,680), and 38-10-00 Municipal Court ($40,135) as follows: Police Traffic (35-34-00) Index Code 265330 - Minor Equipment, $1,000; Index Code 265751, Radio and Communications Equipment, $2,800; Index Code 265785 - Motor Vehicles, $8,600; Index Code 265256 - Uniforms and Protective Clothing, $300; Index Code 266783 - Other ESD charges (vehicle maintenance), $1,980. Municipal Court (38-30-OO,,and 38-10-00), index code 215319 - Salaries of Regular Employees (Clerk Typist III), $11,332; Index Code 215632 - Group Health Insurance, $1,293; Index Code 215640 - Retirement Contributiion, $1,303; Index Code 215665 - Office Supplies, $30U, Index Code 215687 - Minor Equipment, $2,724; Index Code 214262 - Contractural Services (Hearing Officer), $20,183, Index Code 214668 - Inside Repair, $2,000, and Index Code 219873 - Inside Printing, $1,000. The undesignated Fund Balance after this transaction will be $16,959,110. DAI:rr Attachment (ordinance) ~. APPROVED BY CITI(_ COL-~NCIL ~~~ ~~ ~.. City Secaietarp of the City of Fort Worth. Teane SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY Bob Te ~ APPROVED ORIGINATING [; OTHER (DESCRIBE) DEPARTMENT HEAD• Dianna Hei CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT D. H ` do ted ~~ O \ DATE