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HomeMy WebLinkAboutResolution 3644-08-2008A Resolution NO 3644-08-2008 RE-APPOINTMENT OF THE HEARING OFFICER IN THE PARKING VIOLATIONS BUREAU AND DESIGNATION OF THE HEARING OFFICER TO CONDUCT HEARINGS AND APPEALS UNDER CHAPTERS 10, 12 5, 22 AND 34 OF THE CITY CODE, AND TO PERFORM OTHER ASSIGNED DUTIES WHEREAS, Section 10 17 of the Code of the City of Fort Worth Ordinance No 13943 provides for the appointment of one or more hearing officers to adjudicate cases involving parking stopping or standing of vehicles and the hearing officer shall serve a two year term from the date of appointment WHEREAS, on August 15 2006 in M&C G 15349 the City Council appointed David Westen as the Hearing Officer and as the City Council s designee to conduct hearings pursuant to Chapter 34 of the City Code WHEREAS, Chapter 10 Article II of the City Code provides that the hearing officer conducts boot hearings WHEREAS, Chapter 12 5 Article VIII of the City Code provides that the hearing officer may hear formal appeals regarding solid waste and recycling decisions of the Director of Environmental Management or his designee WHEREAS, Chapter 22 Article VI of the City Code provides that the hearing officer oversees the Parking Violations Bureau and has original jurisdiction over cases involving violation of city ordinances governing the parking stopping or standing of vehicles WHEREAS, Chapter 22 Article IX of the City Code provides that the hearing officer conducts hearings involving violations of city ordinances governing abandoned and dunked vehicles WHEREAS, Chapter 34 Article VI of the City Code provides that City Council may designate a representative to hear appeals from denial suspension, or revocation of a vehicle for hire driver s permit, and to hear appeals from the denial of a company s application, renewal or suspension of the grant of privilege to operate vehicles for hire RESOLUTION NO 3644-08 2008 WHEREAS it is recommended that the City Council re appoint David Westen as Hearing Officer of the Parking Violations Bureau for a two year term with the hearing officer s annual salary set at $47 299 00 and appoint the Hearing Officer as the City Council s designee to conduct hearings and appeals pursuant to Chapters 10 12 5 22 and 34 of the City Code and to perform other duties assigned by the City Manager or his designee NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS The City Council hereby re appoints David Westen as Hearing Officer m the Parking Violations Bureau to serve for a two year term and appoints the Hearing Officer as the City Council s designee to conduct hearings and appeals pursuant to Chapters 10 12 5 22 and 34 of the City Code and to perform other duties assigned by the City Manager or his designee Adopted this 12th day of August 2008 ..,tl. { CITY COUNCIL .~ By ~ _~ _ `, ~ ~ ~ AUG 1 2 2008 M;a-rty Hendrix Crty~, Secretary ~~ `''`~ `-~`'~ ~ ~,- w Ctty Secretary of the ..,~; .. '~ ~ ~ U ~,,.~~ .~ City of Fart Worth, Texas ..:.~ r~'A~r •~~1~*~ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 8/12/2008 Res No 3644-08-2008 DATE Tuesday August 12 2008 LOG NAME 38PARKING REFERENCE NO **G-16230 SUBJECT Adopt a Resolution Re-Appointing David Westen as the Hearing Officer in and for the City of Fort Worth Parking Violations Bureau to Conduct Hearings and Appeals Pursuant to Chapters 10 12 5 22 and 34 of the Code of the City of Fort Worth and to Perform Other Assigned Duties _ ~ ~ __ RECOMMENDATION It is recommended that the City Council adopt the attached Resolution re-appointing David Westen as the Hearing Officer for the Fort Worth Parking Violations Bureau for a two year term effective August 16 2008 and continue as the City Council's designee to conduct hearings and appeals pursuant to Chapters 10 12 5 22 and 34 of .the Code of the City of Fort Worth and to perform other duties assigned by the City Manager or his designee DISCUSSION Section 10 17 of the City Code specifies that the Hearing Officer for the City of Fort Worth Parking Violations Bureau shall be appointed by the City Council for terms of two years and shall report to and be under the administrative oversight of the Director of Municipal Court Services The appointment of David Westen as the Hearing Officer was approved by the City Council M&C G-15349 for atwo-year term effective August 16 2006 His current term expires August 15 2008 and re-appointment is necessary to continue the Parking Violations Bureau operations, as well as continuation as the City Council's designee to conduct hearings and appeals under Chapter 10 12 5 22 and 34 of the Code of the City of Fort Worth (1986) as amended and to perform other duties assigned by the City Manager or his designee As Hearing Officer David Westen 1 Conducts boot hearings under Chapter 10 Article II of the City Code 2. Conducts formal appeal hearings regarding solid waste and recycling decisions of the Director of Environmental Management or his designee under Chapter 12 5 Article VIII of the City Code 3 Oversees the Parking Violations Bureau and has original jurisdiction over cases involving violations of city ordinances governing the parking stopping or standing of vehicles as set out in Chapter 22 Article VI of the City Code 4 Conducts hearings involving violations of city ordinances governing abandoned and junked vehicles as set out in Chapter 22 Article IX, of the City Code and 5 Hears appeals from the denial suspension or revocation of a vehicle for hire driver's permit, and hears appeals from the denial of a company's application renewal or suspension of the grant of privilege to operate vehicles for hire as provided in Chapter 34 Article VI of the City Code Logname 38PARKING Page 1 of 2 Resolution No 3292 12 2005 approved on December 6 2005 appointed the Hearing Officer as the City Council's designee to conduct hearings pursuant to Chapter 34 of the City Code The attached Resolution appoints the Hearing Officer for the Fort Worth Parking Violations Bureau to Conduct Hearings and Appeals pursuant to Chapters 10 12 5 22 and Chapter 34 and to perform other duties assigned by the City Manager or his designee FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds in the current fiscal year TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office by. Charles Daniels (6183) Oriainatinq Department Head. Deidra Emerson (6711) Additional Information Contact: Deidra Emerson (6711) Kimberly O Neil (6737) Logname 38PARKING Page 2 of 2