HomeMy WebLinkAboutOrdinance 18318-09-2008ORDINANCE NO. 18318-09-2008
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS, (1986), AS AMENDED, BY DELETING DIVISION 2-A,
"BUDGET AND MANAGEMENT SERVICES DEPARTMENT" OF
CHAPTER 2 "ADMINISTRATION," ARTICLE IV, "DEPARTMENTS;"
DELETING ALL REFERENCES TO THE "BUDGET AND
MANAGEMENT SERVICES DEPARTMENT" IN THE CODE OF THE
CITY OF FORT WORTH, TEXAS (1986) AS AMENDED; AMENDING
DIVISION 2, "FINANCE," OF CHAPTER 2 "ADDMINISTRATION,"
ARTICLE IV, "DEPARTMENTS" TO ESTABLISH THE FINANCIAL
MANAGEMENT SERVICES DEPARTMENT;" PROVIDING FOR THE
APPOINTMENT OF A DIRECTOR AND EMPLOYEES OF THE
FINANCIAL MANAGEMENT SERVICES DEPARTMENT; PROVIDING
FOR THE DESIGNATION OF A CITY TREASURER AND A CITY
ASSESSOR AND COLLECTOR; PROVIDING FOR DUTIES OF THE
FINANCIAL MANAGEMENT SERVICES DEPARTMENT; REPLACING
ALL REFERENCES IN THE CITY CODE TO THE "DEPARTMENT. OF
FINANCE" WITH THE "FINANCIAL MANAGEMENT SERVICES
DEPARTMENT;" REPLACING ALL REFERENCES IN THE CITY CODE
TO THE "FINANCE DIRECTOR" WITH THE "FINANCIAL
MANAGEMENT SERVICES DIRECTOR;" PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A
SEVERABII.,ITY CLAUSE; AND PROVH)ING AN EFFECTIVE DATE.
WI3EREAS, In 1998 the City Council approved Ordinance No. 13444, an ordinance
changing the name of the Department of Fiscal Services to the Department of Finance; and
WHEREAS, Ordinance No. 13444 provided a more comprehensive description of the
functions and activities assigned to the Deparhnent of Finance related to the achninistration of the
financial affairs of the City; and
WHEREAS, In 2004, the City Council approved Ordinance No. 16147, an ordinance
creating the Budget and Management Services Department; and
WHEREAS, Ordinance No. 16147 gave the Budget and Management Services Department
the duties of coordinating, establishing, and monitoring the City's budgetary expenses and
revenues, capital improvements program, and franchised utilities; and
WHEREAS, Pursuant to Chapter VIII, Section 1 of the Fort Worth City Charter, the City
Manager has recormnended that the Department of Finance and the Budget and Management
Services Department be combined into one department to increase fiscal responsibility and to
strengthen the ability to efficiently manage the financial affairs of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
Division 2-A, "Budget and Management Services Department" of Article N,
"Departments," Chapter 2, "Administration," of the Code of the City of Fort Worth, Texas (1986),
as amended, is hereby deleted in its entirety and reserved for future use.
SECTION 2.
Division 2, "Department of Finance," Article IV, "Departments," Chapter 2,
"Administration," of the Code of the City of Fort Worth, Texas (1986), is hereby amended, to read
as follows:
DIVISION 2: FINANCIAL MANAGEMENT SERVICES DEPARTMENT
Sec. 2-111. Establishment; duties.
Pursuant to Chapters VIII and IX of the Fort Worth City Charter, there is hereby created a
fmancial management services department. This department shall be charged with the
administration of the financial affairs of the city as required by the city charter, as further required
by the city council by ordinance, and as directed by the city manager.
Sec. 2-112. Director appointment; qualifications; compensation.
The financial management services department shall be under the supervision of the director
of financial management services, who shall be subject to appointment and removal by the city
manager. Tlie financial management services director must be a person knowledgeable and
experienced in governmental finance and public administration. The salary of the director of
financial management services shall be in accordance with the compensation plan of the city.
Sec. 2-113. Appointment of employees.
As provided by the city budget, and in accordance with established personnel procedures,
the financial management services director shall have the power to appoint, employ, and remove
such officers, assistants, employees and personnel as he or she may deem necessary for the efficient
administration of the financial management services department alid to prescribe and fix their
duties, scope of authority, and qualifications.
Sec. 2-114. General duties of the director.
(a) The financial management services director shall prescribe the form of all accounts showing
the financial transactions of all departments and offices of the city as well as reports
rendered to and by the financial management services department. Accounting practices and
financial reporting shall conform to generally accepted accounting principles as
promulgated by appropriate regulatory bodies.
(b) The financial management services director shall appoint, with the approval of the city
manager, the city treasurer for the city who shall be an employee of the financial
management services department. The city treasurer shall have custody of all public
moneys, funds, notes, bonds and other securities belonging to the city. Pursuant to state
statute, the city council shall, in cooperation with the city treasurer and city manager, select
and designate a depository for the moneys and funds of the city. Before assuming the duties
of his office, the city manager or the city council may require the city treasurer to execute a
bond with a responsible surety company acceptable to the city council in such amount as
maybe required by the city council, conditioned upon the faithful performance of his duties
of his office, the premium of which bond shall be paid by the city.
(c) The financial management services director shall appoint, with the approval of the city
manager, flze city assessor and collector who shall be an employee of the financial
management services department, or upon approval of the city .council, the city manager
may contract with an outside contractor or entity to perform such designated services. The
city assessor and collector will have charge of the collection of all special assessments for
public improvements, the assessment of all taxable properly in the city, the preparation of
the tax rolls and the collection of all taxes and assessments under the charter and ordinances
of the city now or hereafter to be enacted. The assessor and collector may be required to
make bond with a responsible surety company acceptable to the city council in such amount
as the city council and the law may require, conditioned upon the faithful performance of
the duties of his office, the premium of which shall be paid by the city.
(d) Tn all cases where the duty is not expressly charged to any other deparhnent or office, it
shall be the duty of the financial management services director to promote, secure and
preserve the financial and property interests of the city. The financial management services
director shall:
(1) Exercise general supervision over all offices of the city regarding the
proper management of fiscal concerns of their respective offices;
(2) Report the default of any officer of the city to the city manager, who shall
confer with the city attorney concerning the institution of legal measures
for the recovery of the amount for which such officer maybe in default.
Sec. 2-118. Department duties; city budget.
In addition to the duties set forth in the Fort Worth City Charter, as prescribed by the City
Council, and as directed by the City Manager, the financial management services department shall
also have the following duties and responsibilities:
(a) Developing and monitoring the City's operating budgets; coordinating, establishing,
monitoring, reporting and projecting the City's budgetary expenses and revenues;
recommending and assisting with implementation of budget goals and objectives,
performing analytical and evaluative studies and completing research and special projects.
(b) City-wide tracking and reporting of the capital improvement program (CIP) and other
capital projects, capital projects research and policy development; grant writing and
research; and special projects as needed.
(c) Monitoring of all city grants, auditing and contract compliance.
(d) Providing research and recommendations to the city council on the city's fianclused
utilities, reconciling the City's electric billing for accuracy and performing utility
studies/research.
SECTION 3.
The Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended to delete
all references to the "Budget and Management Services Department."
SECTION 4.
The Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended to
replace all references to the "Department of Finance" with the "Financial Management Services
Department."
SECTION 5.
The Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended to
replace all references to the "Finance Director" with the "Financial Management Services
Director."
SECTION 6.
Sections 2-119 through 2-130 are hereby reserved for future use.
SECTI®N 7.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTI®N 8.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTI®N 9.
This ordinance shall take effect and be in full force and effect from and after its passage,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Maleshia Farmer
Assistant City Attorney
M&C: G-16303
ADOPTED AND EFFECTIVE: September 30, 2008
Ci#y ®f ~®rf ®r~h, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2008 -Ord. No. 18318-09-2008
~,~ - ~~~~
DATE: Tuesday, September 30, 2008
LOG NAME: 02REPEAL DIV 2A
REFERENCE NO.: G-16303
SUBJECT:
Adopt Ordinance Combining the Department of Finance and the Budget and Management Services
Department and Changing the Name to the Financial Management Services Department
-~
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Code of the City of Fort
Worth, Texas (1986), as amended, as follows:
1. Delete Division 2-A, of Chapter 2, Article IV, Budget and Management Services Department in its
entirety;
2. Delete all references in the Code of the City of Fort Worth, Texas (1986), as amended, to the Budget and
Management Services Department;
3. Amend Article IV, Division 2 to change the name of the Department of Finance to the Financial
Management Services Department;
4. Amend the Code of the City of Fort Worth, Texas (1986), as amended, to replace all references to the
Department of Finance with the Financial Management Services Department; and
5. Amend the Code of the City of Fort Worth, Texas (1986), as amended, to replace all references to the
Finance Director with the Financial Management Services Director.
DISCUSSION:
As a part of the Fiscal Year 2008-2009 budget process and pursuant to Chapter VIII, Section 1 of the Fort
Worth City Charter, the City Manager has recommended that the Department of Finance and the Budget
and Management Services Department be combined into one department. The new department will be
known as the Financial Management Services Department. This combination will increase fiscal
responsibility and strengthen the ability to efficiently manage the financial affairs of the City.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
Logname: 02REPEAL DIV 2A Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Karen Montgomery (6222)
Originating Department Head: Karen Montgomery (6222)
Additional Information Contact: Maleshia Farmer (7647)
Lena Ellis (8517)
Logname: 02REPEAL DIV 2A Page 2 of 2