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HomeMy WebLinkAboutOrdinance 18110-05-2008Ordinance No. 18110-05-2008 AN ORDINANCE INCREASING APPROPRIATIONS FOR FY2007-08 IN THE LAW DEPARTMENT OF THE GENERAL FUND IN THE AMOUNT OF $37,737.55 FOR THE PURPOSE OF TRANSFERRING ONE POSITION AND ASSOCIATED COSTS FROM ENVIRONMENTAL MANAGEMENT 70 THE GENERAL FUND FOR AN ATTORNEY TO ADVISE THE ENVIRONMENTAL MANAGEMENT DEPARTMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF 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 Fiscal Year 2007- 2008 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Law Department of the General Fund in the amount of $37,737.55 for the purpose of transferring one position and associated costs from Environmental Management to the General Fund, for an attorney to advise the Environmental Management Department. 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. 17749 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 upon adoption. APPROVED AS TO FORM AND LEGALITY: I ~~ Assists City Attorney ADOPTED AND EFFECTIVE: May 27, 2008 SUBJECT: Authorization to Transfer One Position and Associated Costs from the Environmental Management Fund to the General Fund for an Attorney to Advise the Environmental Management Department, Approve Transfer of Funds and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer one position and associated costs from the Environmental Management Department to the Law Department for the purposes of consolidating functions within the Law Department; and 2. Adapt the attached supplemental appropriation ordinance to transfer the one position and associated costs from the Environmental Management Fund to the General Fund by increasing appropriations for Fiscal Year 2007-2008 by $37,737.55 in the Law Department of the General Fund and decreasing the Environmental Management Fund by the same amount. DISCUSSION: The Regulatory and Environmental Coordinator position was created within the Environmental Management Department in 1997 for the purpose of streamlining processes both inside and outside of the department. Key duties of this position included handling regulatory issues, developing a Municipal Setting Designation (MSD) procedural ordinance, and managing the City's Brownfields program. In August 2001, the City's Solid Waste function was assigned to the Environmental Management Department. The incumbent incorporated the additional workload into her duties freeing the Assistant Director to focus on duties associated with in-line management and the implementation of the City's new solid waste program. Since the untimely passing of the incumbent, this position has remained unfilled resulting in a disconnect in the liaise between the Law and Environmental Management Departments. In this interim, the non-legal regulatory needs have been spread across the Environmental Management's two Assistant Director's (Environmental Services and Solid Waste Services). The two Assistant Directors and the Internal Compliance Section currently perform many of the tasks associated with the regulatory compliance review and update, previously performed by the Regulatory and Environmental Coordinator, resulting in a lost of efficiency and effort in the Compliance Section. This new Assistant City Attorney position, working in conjunction with the currently assigned position fram the City Attorney's Office, shall assist in handling the legal aspects of the Environmental Management Department such as, review and comment on proposed legislation and rulemaking, work with staff to update and refine existing ordinances on a regular basis, draft contracts, contract amendments and legal opinions in a timely fashion, attend meetings and provide legal input on various environmental matters, and research laws concerning various environmental matters. Logname: 52EMDATTORNEY Page 1 of 2 Environmental Management has worked closely with the Law and Human Resources Departments to allow the creation of an Assistant City Attorney position funded by the Environmental Protection Fee. The movement of this position will not negate the need nor detract from the duties currently assigned to the effort provided through the Law Department to Environmental Management via its current Assistant City Attorney. It has been agreed that the Environmental Management Department will make a budget transfer from the Environmental Management Fund (R103) on an annual basis to the Law Department (GG01) to fund this position. Upon approval of this M&C the Environmental Management Fund and General Fund budgets will be as follows: ENVIRONMENTAL Original Budget Revised Budget Original Authorized .Positions Revised Authorized Positions AGEMENT (R103) LAW (GG01 j $3,886,657 $4,786,524 $3,886,657 $5,011,625 27 46 26 47 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters GG01 511010 0122000 $22.392.31 R103 511010 0524100 $28.308.31 GG01 518010 0122000 324.69 R103 518010 0524100 324.69 GG01 518060 0122000 4 680.00 R103 518060 0524100 4 680.00 GG01 518070 0122000 3 524.55 R103 518070 0524100 3 524.55 GG01 521010 0122000 600.00 R103 521010 0524100 600.00 0001 531530 0122000 300.00 R103 531530 0524100 300.00 GG01 538180 0122000 975.00 GG01 531450 0122000 90.00 0001 535040 0122000 921.00 GG01 536010 0122000 3 500.00 GG01 539010 0122000 430.00 Submitted for City Manager's Office b~ Carl Smart (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname: 52EMDATTORNEY Page 2 of 2