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HomeMy WebLinkAboutOrdinance 17551-05-2007Ordinance No. 17551-05-2007 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $30,000 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING RAILROAD CROSSING REPAIRS WITH QUALITY SIGNAL CONSTRUCTION, INC. FOR THE TRANSPORTATION AND PUBLIC WORKS 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 2006- 2007 in the Budget of the City Manager, there shall also be increased appropriations in the General Fund in the amount of $30,000 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose funding railroad crossing repairs with Quality Signal Construction, Inc. for the Transportation and Public Works 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. 17142 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ordinan~~hall take effect upon adoption. APPR~VE~ AS TO ADOPTED AND EFFECTIVE: May 22, 2007 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/22/2007 -Ordinance No. 17551-05-2007 DATE: Tuesday, May 22, 2007 LOG NAME: 13P40716 REFERENCE NO.: **P-10580 SUBJECT: Adopt Supplemental Appropriation Ordinance and Ratify an Emergency Purchase for Railroad Crossing Repairs with Quality Signal Construction, Inc., for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council: 1) Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund by $30,000.00 and decreasing the unreserved, undesignated General Fund balance by the same amount; and 2) Ratify an emergency purchase for railroad crossing repairs with Quality Signal Construction, Inc., (QSC), for the Transportation and Public Works Department (T/PW) for an estimated amount of $30,000.00. DISCUSSION: The railroad crossing located at the Fort Worth and Western Railroad (FWWR) and West 7th Street was damaged on February 17, 2007, when a vehicle struck two railroad gate mechanisms. QSC is the City's railroad signal maintenance contractor under a Purchasing Manager Agreement (agreement less than $25,000). QSC responded to the emergency and performed immediate cleanup and temporary repairs. Additional repairs are required for the crossing to restore the gated railroad signal and to restore the crossing as a quiet zone. A quiet zone crossing prohibits the routine sounding of the locomotive horn. This crossing has afour-quadrant gate system for the quiet zone. City Council approved this location as a quiet zone on May 31, 2005, with M&C C-20766. Under a settlement agreement with the FWWR (M&C G-14611, approved on December 14, 2004), the City is required to maintain, repair, and/or replace the railroad crossing signal equipment plus the additional quiet zone equipment for the West 7th Street location. This purchase is exempt from the competitive bid process by Local Government Code 252.022(a)(3) as a procurement required because of unforeseen damage to public machinery, equipment, or other property. QSC did not charge the City for the cleanup and temporary repairs performed the night of the accident since this crossing is covered by the current maintenance agreement. The additional repairs, replacement of two 18 foot gate mechanisms and other quiet zone devices are estimated at $30,000.00. This amount exceeds the agreement limits and repairs of this magnitude are not covered under the maintenance agreement. Authorization to proceed with this emergency purchase was approved by the Legal Department and the City Manager's Office. Logname: 13P40716 Page 1 of 2 The railroad crossing is located in COUNCIL DISTRICT 9. 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. Upon approval, the unaudited, unreserved, undesignated fund balance of the General Fund will be $5,458,756.00, which is the amount available above the minimum reserve fund balance of $46,845,951.00 required by the City's Financial Management Policy Statements (i.e., 10 percent of the current-year adopted budget expenditures less the annual transfer from the General Fund to the Debt Service Fund). BQN\40716\CBR TO Fund/Account/Centers FROM Fund/Account/Centers 0001 539120 0204001 $30.000.00 GG01 539120 0204001 $30.000.00 Submitted for City Manager's Office by: Karen Montgomery (6222) Or~inating Department Head: Richard Zavala (Acting) (8313) Additional Information Contact: Jack Dale (8357) Logname: 13P40716 Page 2 of 2