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Home My WebLink AboutOrdinance 13536 Ordinance No. ~J ~ ~ w AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $593,012.00 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING ADDITIONAL COSTS FOR JAIL SERVICES WITH TARRANT COUNTY, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATNE OF PRIOR ORDINANCES AND REPEALING ALL 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 vanous City departments for the Fiscal Year 1997-98 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations General Fund in the amount of $593,012.00 from available funds for the purpose of funding additional cost for jail services with Tarrant County SECTION 2. 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. 13111 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 and be in full force and effect and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY / c. Assist t City Attorney ~/~/ q 8' Dat~ / -02 ~- ~0 Adopted ~-a~-~~ Effective ~ ~- City of Fort Worth, Texas ~l~Ayar And ~aunc~l (~',ar»»un~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE ~' 7/28/98 G-12290 35MID 1 of 3 SUBJECT APPROVAL AND APPROPRIATION OF MID-YEAR ADJUSTMENTS TO FY 1997-98 CRIME CONTROL AND PREVENTION DISTRICT BUDGET RECOMMENDATION It is recommended that the City Council 1 Approve amid-year adjustment to the FY 1997-98 Crime Control and Prevention District Budget to fund additional costs for jail services with Tarrant County at a cost of $593,012, and 2 Approve amid-year adjustment to the FY 1997-98 Crime Control and Prevention District Budget to fund park security overtime pay for $558,000, and 3 Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations by $1,151,012 in the Crime Control and Prevention District Fund from available funds and decreasing the reserved, undesignated fund balance by the same amount; and 4 Approve the transfer of $593,012 from the Crime Control and Prevention District Fund to the General Fund, and 5 Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and appropriations in the General Fund by $593,012 from increased revenues for the purpose of funding additional costs for jail services with Tarrant County DISCUSSION ADDITIONAL JAIL COSTS -The additional jail costs are the result of a Memorandum of Understanding between the City and Tarrant County that the City Council approved on May 12, 1998 (M&C C-16774) The Memorandum provides for equal monthly payments of $175,000 42 for prisoner care. These monthly payments are retroactive to October of 1997 The fiscal impact of the monthly payments for FY 1997-98 is $2,100,005 The current year General Fund budget for the jail contract is $1,506,993, leaving a funding shortfall of $593,012. The current year Crime Control and Prevention District budget has $811,750 budgeted as a transfer to the General Fund to fund part of the existing $1,506,993 jail contract budget. This arrangement was implemented in FY 1996-97 It is recommended that the $593,012 also be transferred to the General Fund so all jail contract expenditures will continue to be made from the same cost center PARKS SECURITY OVERTIME PAY - In February of 1998, the Internal Audit Department conducted a City-wide audit of employees holding multiple jobs within the City organization for Fair Labor Standards Act (ELBA} compliance. Internal Audit requested a Law Department opinion specifically related to police officers working security on an off-duty basis at various City community centers as part of the Late Night, Aquatics and Youth Sports programs in the Parks and Community Services Department. `.- City of Fort Worth, Texas M'Ayor and Council Commun~cAt~on DATE REFERENCE NUMBER LOG NAME PAGE 7/28/98 G-12290 35MID 2 of 3 SUBJECT I APPROVAL AND APPROPRIATION OF MID-YEAR ADJUSTMENTS TO FY 1997-98 CRIME CONTROL AND PREVENTION DISTRICT BUDGET The Law Department's opinion, issued in April of 1998, stated that the practice of paying police officers to work on a contractual, off-duty basis for another City department violated the FLSA and, as such, the City is liable to pay the affected police offers for two years prior to the discovery The City must pay the difference between the contractual rate and the overtime rate, plus retirement and Medicare, back to April 1996 There are two components of the proposed budget adjustment to the Crime Control and Prevention District. These are the backpay for April, 1996 to April, 1998, and the addition of funds to cover the remainder of the fiscal year (May, 1998 through September, 1998) at the overtime rate These' costs are distributed as follows. Backpay $443,000 Amount to finish current year 115 00 Total $558,000 The contractual payments to police officers providing security at Parks and Community Services Department facilities have been budgeted in the Crime Control and Prevention District since FY 1996- 97 as the Parks and Community Policing and Security program It is therefore recommended that the additional funds needed to comply with FLSA requirements come from the Crime Control and Prevention District. The City Council approved submitting requests for amid-year appropriation from the Crime Control and Prevention District on June 2, 1998 through M&C G-12227 (Funding Additional Costs for Jail Services with Tarrant County) and M&C G-12226 (Park Security Overtime Pay) These requests were submitted to the Fort Worth Crime Control and Prevention District Board of Directors on June 11, 1998 Their public hearing was held on June 17, 1998 The Board approved both requests for mid-year funding on July 8, 1998 The City Council held its public hearing for the mid-year requests on July 14, 1998 Approval of this M&C is the final step in the process of amending the FY 1997-98 Crime Control and Prevention District budget for these two items. Current projections are that the Crime Control and Prevention District will have a project fund balance of approximately $35,000,000 on September 30, 2001 Of this amount, $24,000,000 is designated for phase out of the Crime Control and Prevention District, provided that the voters do not re-authorize the district. The remaining $11,000,000 has been deisgnated to fund the purchase of'the Computer Aided Dispatch and Mobile Data Computer projects (CAD) These proposed budget adjustments would reduce the designated amount for the -CAD system to $9,850,000 City of Fort Worth, Texas ~1-~Ayar And Caunc~l C,,~ammun;cAt~an DATE 7/28/98 REFERENCE NUMBER G~12290 LOG NAME 35MID PAGE 3 of 3 SUBJECT APPROVAL AND APPROPRIATION OF MID-YEAR ADJUSTMENTS TO FY 1997-98 CRIME CONTROL AND PREVENTION DISTRICT BUDGET 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 Crime Control and Prevention District Fund The unreserved, undesignated fund balance for the Crime Control and Prevention District Fund will be $10,091,988 LW j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GG01 472079 0353500 $593,012.00 APPROVED Libby Watson 6183 CITY COUi~~IL Originating Department Head: ~` 28 Thomas Windham 4-8385 (from) GG01 539120 0353500 $593,012.00 ~p~_.4 ~~Q,u,~ J Additional Information Contact: GR79 514210 0800511 $558,000.00 Secretary of the Cit y City of Fort Workh,'I'eze_w Thomas Windham 4-8385 ~do~te~, Oxdinans~ ~o. ~„~ 8d~a~te~ Q~cd~r~ao~ ~oAl~~