HomeMy WebLinkAboutOrdinance 15968Ordinance No ~~~' !tC>
AN ORDINANCE INCREASING APPROPRIATIONS fN THE GENERAL FUND IN
THE AMOUNT OF $35,910.00 AND DECREASING THE UNRESERVED
UNDESIGNATED FUND BALANCE IN THE AMOUNT OF $35,910.00 FOR THE
PURPOSE OF FUNDING THE COMPLETION OF PLAYGROUND
RENOVATIONS AT CARTER NORTH, PATE AND MARTIN LUTHER KING
PARKS, 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 2003-
2004 in the Budget of the City Manager there shall also be increased appropriations in the General
Fund in the amount of $35,910.00 and decreasing the unreserved, undesignated fund balance in
the amount of $35,910 00 for the purpose of funding the completion of playground renovations at
Carter North, Pate and Martin Luther King parks.
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 15636 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed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
APPR ED AS TO FORM AND LEGALITY
.____~~
Assistant ity Attorney
ADOPTED AND EFFECTIVE. ~ ~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/4/2004 Ordinance No 15968
DATE Tuesday May 04 2004
LOG NAME 80CDBGPLAY REFERENCE NO G-14349
SUBJECT
Supplemental Appropriation Ordinance to Complete Playground Renovations at Carter North Pate
and Martin Luther King Parks
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $35 910 and decreasing the unreserved undesignated fund balance by the same amount; and
2 Authorize the payment of $35 910 to Developers Surety and Indemnity Company surety company of
New World Inc. for completion of playground renovations at Carter North Pate and Martin Luther King
Parks
DISCUSSION
On March 26 2002 (M&C G-13565) the City Council authorized the use of Year XXVII Community
Development Block Grant funds in the amount of $250 000 for playground renovation at Carter North Pate
and Martin Luther King Parks. On July 8 2003 (M&C C-19653) the City Council approved award of
contract to New World Industries Inc. in the amount of $177 222 50 for construction of playground
renovations at Carter North Pate and Martin Luther King Parks. Construction commenced on September
22 2003 with completion anticipated in late December 2003
Shortly after construction commencement and execution of Partial Payment No 1 New World Industries
lnc. notified the Parks and Community Services Department (PACs) on October 10 2003 of its inability to
obtain credit to place orders for project playground equipment. Subsequently in late October 2003 a
Disbursement Control Agreement was executed between the Contractor New World Industries; Inc. the
playground equipment vendor (GameTime Inc.) and the disbursing agent, AACON Fund Control, Inc. This
agreement was to provide an agent that would assure New World Industries Inc. and GameTime Inc. that
proper and full payment would be made to all subcontractors and vendors
In late October 2003 the City authorized an Irrevocable Directive of Draw Proceeds certifying all payments
will be made and mailed to the Fund Control Center AACON Fund Control Inc.
On December 18 2003 the contract with New World Industries Inc. was terminated due to failure of the
contractor to provide sufficient labor equipment and material necessary to complete the project within the
stipulated contract time Even though the contract was terminated as part of the Disbursement Control
Agreement with AACON Fund Control Inc. PACs approved release of partial payment No 2 in early
February 2004 in the amount of $35 910 specifically for payment of playground equipment received and
installed at Martin Luther King Park. The check was inadvertently mailed directly to New World Industries
Inc. who in turn retained the funds and subsequently has refused to respond to a Department of Law
demand for return of funds
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As a condition of agreement with the surety company for project construction completion $35 910 is
required to make whole the remaining contract amount. A supplemental appropriation from the General
Fund is requested for $35 910 to make up the discrepancy amount. This action will allow the project surety
company to proceed with construction completion while the Department of Law pursues legal action against
New World Industries Inc. to have the funds returned
Upon approval it is anticipated that construction be completed by late June 2004
Carter Park North is located in COUNCIL DISTRICT 9
Martin Luther King and Pate Parks are located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance _Director certifies that upon adoption of the attached supplemental appropriation ordinance
funds will be available in the current operating budget, as appropriated of the General Fund The
unreserved undesignated fund balance of the General Fund will be $35 330 520 after this appropriation.
TO Fund/Account/Centers FROM Fund/AccountlCenters
GG01 539120 0905500 $35.910.00 GG01 539120 0905500 $35.910.00
Submitted for City Manager's Office by Libby Watson (6183)
Originating Department Head Richard Zavala (5704)
Additional Information Contact: Mike Ficke (5746)
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