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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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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