HomeMy WebLinkAboutOrdinance 9246` ~ ._ .
ORDINANCE NO. ~ C7`
AN ORDINANCE AMENDING ORDINANCE N0. 8907, AS AMENDED, THE
FORT WORTH MECHANICAL CODE, BY REVISING THE QUALIFICATIONS
FOR PLACES 4, 5 AND 6 MEMBERSHIP ON THE MECHANICAL BOARD
OF APPEALS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI-
CATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
1.
Section 205(c) of Ordinance No. 8907, as amended, is hereby
amended to read as follows:
"(c) Board Composition. The Board shall consist of:
Place Qualifications
1 Citizen not in Building Industry.
2 Registered Mechanical Engineer.
3 Registered Mechanical Engineer.
4 Licensed Air Conditioning and Heating Con-
tractor.
5 Licensed Air Conditioning and Heating Con-
tractor.
6 Licensed HVAC Mechanical Contractor.
7 Citizen in the Air Conditioning Industry.
8 Architect.
9 Citizen not in Building Industry."
SECTION 2.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1964),
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such Code are hereby repealed.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 sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional 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.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
Two Hundred Dollars ($200.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5.
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 Mechanical Code or any other ordinances affecting heating,
comfort cooling or ventilation systems which 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.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all
-2-
courts without further proof than the production thereof, as pro-
vided in Chapter XXV, Section 3, of the Charter of the City of Fort
Worth, Texas.
SECTION 7.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption,
Sections 1, 4 and 9 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption, Sections 1, 4 and 9 of this ordi-
nance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes
of Texas.
SECTION 9.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
~l,/
City Attorney
Date: ~ I _ I - ~
ADOPTED : ( ~~
EFFECTIVEe°'~~~~,i~~~ . /~Gf~
-3-
~.ty of Flart '4~orth, ``~exas
.1~11a~®~° and ~oun~il ~~m~,unicata®~
DATE REFERENCE SUBJECT Appointments t0 Mechanical PAGE
NUMBER Board of Appeals 1
11/.6/84 G-6149 (Revised 1 ~+----
City Ordinance No. 8907 provides that a Mechanical Board of Appeals be
appointed by the City Manager with the approval of the City Council. Members of
this board axe eligible to serve three consecutive two-year terms unless
removed by resignation, moving out of the city, contracts with the city, or
excessive absences. Because of the expertise required to interpret the techni-
cal provisions, certain membership requirements are provided by ordinance.
Because of the hardship in filling Place No. 4 with a graduate mechanical
engineer, who is also a licensed contractor, the Mechanical Board and City
staff recommend that the requirements for this place be changed to licensed air
conditioning and heating contractor. (Place S will also be reworded to read.
"licensed air conditioning and heating contractor.") This will leave two
mechanical engineers on the board and the addition of an air conditioning con-
tractor would make two of this expertise. In addition it is recommended that
the qualifications for Place 6 membership be revised to require appointment of
a licensed HVAC mechanical contractor.
The Department of Law had drafted an ordinance revising the qualifications for
membership on the Mechanical Board of Appeals, as described above. In addition,
the following reappointments and new appointment are recommended:
Place No. 2 Registered Mechanical Engineer, Mr. Harry Thorley, Jr.
Reappointed to a third term to expire October 1, 1986.
Place No. 4 Licensed Air Conditioning and Heating Contractor, Jerry Webb.
A new appointment to a first term to expire October 1, 1986.
Place No. 6 Licensed HVAC Mechanical Contractor, Mr. Maurice E. Wooten.
Reappointed to a third term to expire October 1, 1,986.
Place No. 8 Registered Architect, Mr. Edward Vaughn, Jr.
Reappointed to a second term to expire October 1, 1936.
Recommendation
It is recommended that City Council:,
1) adopt the attached ordinance revising the qualifications for member.-
ship. on the Mechanical Board of Appeals, and
2) ratify the above appointments to the Mechanical Board of Appeals.
DAI:iz
Attachment
SUBMITTED FOR THE
CITY MANAGER'S _
~"~
DISPOSITION BY COUNCIL.
PROCESSED BY
l1FFICE BY
-`"" ~ APPROVED
ORIGINATING Q OTHER (DESCRIBE)
DEPARTMENT HEAD: JOe Bilardi CITY SECRETARY
FOR AODIf10NAL INFORMATION
CONTACT Jim Miller EX 1 PATE