HomeMy WebLinkAboutOrdinance 21917-09-2015 ORDINANCE NO. 21917-09-2015
AN ORDINANCE AMENDING CHAPTER 2
"ADMINISTRATION," ARTICLE I "IN GENERAL," OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS
(2015), AS AMENDED, TO REPEAL SECTION 2-11,
"INTRADEPARTMENTAL TRANSFER OF FUNDS FOR
CAPITAL IMPROVEMENT PROJECTS;" PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL PRIOR ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter X, Section 3 of the Charter of the City of Fort Worth provides that
the City Manager may transfer unencumbered appropriation balance among programs within a
department "upon compliance with such conditions as the City Council may establish by
ordinance;" and
WHEREAS, in accordance with this Charter provision, in 1993, the Fort Worth City
Council adopted Ordinance 11444, which added Section 2-11 to the City Code, entitled
"Intradepartmental Transfer of Funds for Capital Improvement Projects," establishing the levels
of management approval required for intradepartmental transfer of funds previously appropriated
by the City Council for capital improvement projects; and
WHEREAS, staff has recommended amending Chapter 2, Article I of the Code of the
City of Fort Worth to repeal Section 2-11 and eliminate the delegated authority for
intradepartmental transfer of funds; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 2 "Administration," Article I "In General," of the Code of the City of Fort
Worth is hereby amended to repeal Section 2-11, "Intradepartmental transfer of funds for capital
improvement projects," in its entirety.
Ordinance No.21917-09-2015
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SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), 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of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
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 unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
Ordinance No.2 1 9 1 7-09-20 1 5
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SECTION 5.
All other provisions of Chapter 2 of the Code of the City of Fort Worth, Texas shall
remain in full force and effect, save and except as amended by this ordinance.
SECTION 6.
This ordinance shall be effective on adoption.
APPROVED Voy ,TORM AND LEGALITY: ATTEST
.�;
Denis C. McEssis tant City Attorney Mary r, Secretary
ADOPTED AND EFFECTIVE: September 29, 2015
Ordinance No.21917-09-2015
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/29/2015 - Ordinance No. 21917-09-2016
DATE: Tuesday, September 29, 2015 REFERENCE NO.: G-18571
LOG NAME: 02REPEAL 2-11
SUBJECT:
Adopt Ordinance Amending Chapter 2 "Administration,"Article I "in General," of the Code of the City of
Fort Worth to Repeal Section 2-11, "Intradepartmental Transfer of Funds for Capital Improvement
Projects" (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 2
"Administration,"Article I "in General," oft Code of the it of Fort Worth to Repeal Section 2-11,
"Intradepartmental Transfer of Funds for Capital Improvement Projects."
DISCUSSION:
The purpose of this M&C is to adopt an ordinance repealing Section 2-11 of the City Code. In its current
for Section 2-11 of the it Code authorizes intradepartmental transfers of funds related to Capital
Improvement Projects.
As part of the upcoming transition from the mainframe accounting system to Enterprise Resource
Planning (ERP) Phase 11, the Financial Management Services Department has been working with all City
departments to conduct a comprehensive review of open funds, accounts, and projects. The goal has
been to verify and clean up data in all oft funds and close projects and funds that are no longer needed
so that the City's financial records are in the best possible condition when ERP 11 goes live.
In connection with the review and clean-up process, concerns have been noted regarding projects and
funds that are out of balance. It is believed that the delegated authority to transfer funds is one of the
sources of the imbalance.
In an effort to implement better financial controls and improve transparency in the City's fiscal process,
staff recommends repealing Section 2-11 of the City Code. If the provision is repealed, all transfers of
funds relating to Capital Projects will require explicit City Council approval. This action will not affect the
authority granted in the annual budget ordinance that allows the Director of Financial Management
Services/Chief Financial Officer to effect certain budgeted operating transfers that do no exceed the total
amount appropriated for that purpose.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that approval of the above recommendation and
adoption of the attached ordinance will eliminate the delegated authority to transfer appropriations
between capital projects without the approval of the Mayor and Council.
Lon c: 02 REPEAL 2-11 Page 1 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccountiCenters
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Jay Chapa (5804)
Logname: 02REPEAL 2-11 Page 2 of 2