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Home My WebLink AboutOrdinance 11628ORDINANCE NO ~~~~ AN ORDINANCE APPROPRIATING $19,862.00 TO THE GENERAL FUND AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND BY THE SAME AMOUNT FOR THE PURPOSE OF IMPLEMENTING THE FORT WORTH GRAFFITI PROGRAM FOR THE REMAINDER OF FISCAL YEAR 1993-94, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE 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 ' r WORTH, TEXAS• F 1~fv SECTION 1 That in addition to~`those amounts allocated to the various City departments for the Fiscal Year 1993- 94 and in the Budget of the City Manager, there shall also be increased appropriations in the General Fund in the amount of $19,862.00; thereby decreasing the unreserved, undesignated fund balance of the General Fund ~y the same amount, for the purpose of implementing the Fort Worth Graffiti Program for the remainde cif fiscal year 1993-94. ~~; s 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. 11151 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY ~v- City Attorney S"-2~~i~ Date ~~- ~~ Adopted ~ ~- y~ Effective City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NIIMBER LOG NAME PAGE 06/28/94 G10710 02GRAF 1 of 4 svBSECT SUPPLEMENTAL APPROPRIATION AND ADOPTLON OF TWO ORDWANCES FOR IMPLEMENTATION OF THE FORT WORTH GRAFFITI PROGRAM RECOMMENDATION It is recommended that the City Council 1 Adopt the attached supplemental appropriations ordinance increasing appropriations in the. General Fund by 519,862 and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount, and 2 Adopt the attached ordinance amending Chapter 23 of the Code of the City of Fort Worth by creating the offense of possession of aerosol paint by minors, providing defenses and penalties, and providing an effective date of August 1, 1994, and 3 Adopt the attached ordinance amending Appendix B of the Code of the City of Fort Worth by creating the offense of failing to remove graffiti, providing for notification of violation, providing for the enforcement of such ordinance, providing penalties, and providing an effective date of August 1, 1994, and 4 Authorize the City Manager to implement the Fort Worth Graffiti Program for the remainder of fiscal year 1993-94 at a cost of 519,862 DISCUSSION The City Council at its February 1 5, 1994 Pre-Council meeting discussed the graffiti problem in Fort Worth, and as a result, the City Manager formed a task force to address this issue The Graffiti Task Force met weekly in an effort to develop a workable and equitable graffiti program for Fort Worth Representation on the Graffiti Task Force included the.- Mayor's Anti-Graffiti Inner-city Cleanup (MAGIC), the Police Department, Code Enforcement, the City Attorney's Office, the Parks and Community Services Department, the Environmental Management Department, the Transportation/Public Works Department, and the City Manager's Office On April 5, 1994 the Graffiti Task Force presented an interim report to the City Council concerning the direction that the Task Force was taking in developing a graffiti program for Fort Worth, and on May 3, 1994 11 R 7825} the Task Force presented for the City Council's consideration its final program recommendations At that time, the City Council requested that :~ ?rinse: o^ •e^ _ _ .,__:~- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 06/28/94 G10710 02GRAF 2 of 4 SUBJECT SUPPLEMENTAL APPROPRIATION AND ADOPTION OF TWO ORDINANCES FOR IMPLEMENTATION OF THE FORT WORTH GRAFFITI PROGRAM the Task Force develop aless-costly program for its consideration, and on June 14, 1994 (I R 78421 the Task Force presented its less-costly graffiti program The Task Force was then directed to prepare an action item for the implementation of the program for the City Council's consideration The Fort Worth Graffiti Program provides the following initiatives in the areas of education, abatement, and compliance Education 1 Development by the FWISD of a curriculum module for implementation and use in schools 2 Development of information packets for distribution to the public, such as neighborhood associations and youth serving agencies fie Scout troops) Abatement Establishment of a graffiti abatement crew in the Parks and Community Services Department, consisting of City staff and probationers, to abate graffiti both on City-owned property and private property with the consent of the owner 2 Use of volunteer organizations, such as Scout troops, Boys and Girls Clubs, neighborhood associations and CODE BLUE volunteers to abate graffiti 3 Enlargement of the current paint bank to provide paint to the graffiti abatement crew, volunteer groups, and citizens to be used to abate graffiti 4 Coordination of an inaugural Graffiti Abatement Day in an effort to promote the abatement of graffiti to the extent possible, conducted annually thereafter in line with similar awareness programs, such as Earth Day and Cowtown Brush-Up 5 Solicitation of contributions from businesses and foundations, in conjunction with MAGIC, to offset the cost of the graffiti program ~~~ Printed on recycled paper City of Fort 6~orth, Texas Mayor and Council Communication TE NUMBER PAGE 06/28/94 ~i-10710 02GRAF 3 of 4 svBJECT SUPPLEMENTAL APPROPRIATION AND ADOPTION OF TWO ORDINANCES FOR IMPLEMENTATION OF THE FORT WORTH GRAFFITI PROGRAM 6 Establishment of a Graffiti Hotline in the Action Center Compliance -Voluntary 1 Establishment of a "Responsible Retailer Program" requesting voluntary cooperation on the part of spray paint retailers to locate spray paint in areas of stores less accessible to minors, and donate non-marketable paint 2 Establishment of a "Retailer Sponsorship Program", whereby the retailer's name appears on the graffiti abatement crew vehicle in exchange for free paint, or other in-kind or monetary contributions, for a designated period of time Compliance -Legal 1 Adoption of two ordinances to make the possession of spray paint unlawful for minors, create penalties and fines not to exceed 5500 00 for minors possessing spray paint, and, as a last resort, establish citations/penalty fines not to exceed 5500 00 for property owners who refuse to abate graffiti on their property following offers of paint and/or labor 2 Encouragement of legislative changes at the State level, failing voluntary cooperation by paint retailers, to a) allow cities to require that retailers display spray paint in such a manner that the products are accessible only with the assistance of a store representative b) require that spray paint be maintained under lock and key c) outlaw the possession of spray paint by minors 3 Establishment of a cash reward system in the Police Department for the reporting of graffiti offenders 4 Increased enforcement of the current laws by the Police Department, through the use of "sting" operations, use of Citizens on Patrol for surveillance in neighborhoods, and the occasional undercover monitoring of "hot" spots that experience recurring graffiti problems ~~, Printed on recycled paper City of Fort Worth, Texas 1Vlayor and Council Communication ERENCE NUMBER LOG NAME PAGE 06/28/94 G10710 02GRAF 4 of 4 SUBJECT SUPPLEMENTAL APPROPRIATION AND ADOPTION OF TWO ORDINANCES FOR IMPLEMENTATION OF THE FORT WORTH GRAFFITI PROGRAM Responsibility for the Graffiti Program will be established in four departments the Parks and Community Services Department, the Code Enforcement Division of the City Services Department, the Police Department, and the City Manager's Office/Action Center The 519,862 00 cost for the remainder of fiscal year 1993-94 will be expended in the Parks and Community Services Department and the Code Enforcement Division Funding for the Parks and Community Services Department totals 517,757 for the establishment of the graffiti abatement crew and related supplies and operating costs Funding for the Code Enforcement Division totals 52,105 00 for part-time temporary help and supplies relative to the enforcement of the ordinance that establishes citations/penalty fines not to exceed 5500 00 for property owners who refuse to abate graffiti on their property following offers of paint and/or labor This ordinance allows fourteen days from notification by Code Enforcement before a citation may be written to the property owner Citations would only be written upon failure of the property owner to comply with the ordinance, following offers of free paint from the paint bank and free labor, if needed Code Enforcement would notify the property owner of the availability of the free paint and labor as part of its notification letter FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that upon adoption of the attached appropriations ordinance, sufficient funds will be available in the current operating budget of the General Fund After adoption of this appropriations ordinance, the unreserved, undesignated fund balance of the General Fund will be 524,859,796 BT q Submitted for Cite Manager's Office bc: Originatittg Department Head: For .additional Information Contact ~Gupte;] LI~u111UiiU>/ <a FL1-D I :~000C-~T I CE'~TER I :~'110U1T I CITY SECRETaRI ~to~ 1 GGO1 ~ .~RIOL'S 0214002 52 105 00 1 ~ GGOI ~ ARIOC-S os08o10 S17 ;~7 00 APPr10VED. ? CITY COUNCIL -{ ifrom! ~V~ 2s 1994 ~ ~ GGO 1 ~ ~RIOI S 0_ 14002 S_' 105 00 ~~~ GGOI ~ ~luots ososolo sly r~ oo Q1s,..iJ~.t,s~asrC/ C1tF Soe»fas~ of ~ Clty of Fort Wo~t1t,l~r U, ~~ ~- , ~' ~ ~