HomeMy WebLinkAboutOrdinance 18319-09-2008ORDINANCE NO. 18319-09-2008
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS, (1986), AS AMENDED, TO MERGE THE
DEPARTMENT OF ENGINEERING WITH THE DEPARTMENT OF
TRANSPORTATION AND PUBLIC WORKS BY REPEALING DIVISION 7
AND AMENDING DIVISION 4, CHAPTER 2, ARTICLE IV; AMENDING
SECTION 1612.1, ARTICLE III AND SECTION J3402, ARTICLE ILIA,
CHAPTER 7 BY REPLACING "DEPARTMENT OF ENGINEERING"
WITH "DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS;"
AMENDING SECTION 7-331, DIVISION 3, ARTICLE VHI, CIIAPTER 7
BY REPLACING "DIl2ECTOR OF THE DEPARTMENT OF
ENGINEERING" WITH "THE DIRECTOR OF THE DEPARTMENT OF
TRANSPORTATION AND PUBLIC WORKS OR HIS DESIGNEE;"
AMENDING SECTIONS 7-389 AND 7-391(a)(2), DIVISION 6, ARTICLE
VIII, CHAPTER 7 BY REPLACING "DEPARTMENT OF ENGINEERING"
WITH "DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS;"
AMENDING SECTIONS 12.5-146 AND 12.5-157, DIVISION 4, ARTICLE I,
CIIAI'TER 12.5 BY DELETING (c)(6) OF EACH; AMENDING SECTION
12.5-415(a), DIVISION 2, ARTICLE IV, CHAPTER 12.5 BY DELETING
"ENGINEERING DEPARTMENT;" AMENDING SECTIONS 15-34(j)(1),
15-34(k),15-42(a)(24)(e) AND 15-42(a)(29)(c), ARTICLE II, CHAPTER 15 BY
REPLACING "ENGINEERING DEPARTMENT," AND/OR
"DEPARTMENT OF ENGINEERING" WITH "DEPARTMENT OF
TRANSPORTATION AND PUBLIC WORKS;" AMENDING SECTION 31-
63, ARTICLE N, CHAPTER 31 BY DELETING ALL REFERENCES TO
"ENGINEERING DEPARTMENT" AND REPLACING "REAL PROPERTY
MANAGEMENT DIVISION" AND/OR "REAL PROPERTY DIVISION"
WITH "RIGHT OF WAY AND EASEMENT DIVISION OF THE
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS;"
AMENDING SECTION 35-4(1), ARTICLE I, CIIAPTER 35 BY
REPLACING "CITY ENGINEER" WITH "DIRECTOR OF TIIE WATER
DEPARTMENT;" AMENDING SECTION 35-57.4(c), ARTICLE III,
CHAPTER 35 BY DELETING "OR THE DEPARTMENT OF
ENGINEERING;" PROVIDING THAT THIS ORDINANCE SIIAI,L BE
CUMITLATIVE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
VVI-~REAS, in 1982, the City Council approved Ordinance No. 8658 establishing the
Department of Transportation and Public Works, establishing, organizing and setting forth duties of
the department, and prescribing qualifications, defining powers and describing duties of the director
of the department;
Page 1 of 6
WHIIREAS, In 1994 the City Council approved Ordinance No. 11604 establishing a
Department of Engineering, organizing and setting forth duties of the department, and prescribing
qualifications, defining powers and describing duties of the director of the department; and
VVHGREAS, Pursuant to Chapter VIII, Section 1 of the Fort Worth City Charter, the City
Manager has recommended that the Department of Engineering be merged into the Deparhnent of
Transportation and Public Works.
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
Division 7, "Engineering" of Article IV, "Departments," Chapter 2, "Administration," of
the Code of the City of Fort Worth, Texas (1986), as amended, is hereby repealed in its entirety and
reserved for future use.
SECTION 2.
Division 4, "Transportation and Public Works," Article N, "Departments," Chapter 2,
"Administration," of the Code of the City of Fort Worth, Texas (1986), is hereby amended, to be
and read as follows:
DIVISION 4. TRANSPORTATION AND PUBLIC WOI7:I~S
Sec.2-146. Established.
A department of public works is hereby established, which department shall also be known as the
Department of Transportation and Public Works.
Sec. 2-147. Director--Appointment; salary; qualifications.
The Department of Transportation and Public Works shall be under the supervision of the director
of Transportation and Public Works, who shall be subject to appointment and removal by the City
Manager. The salary of the director of Transportation and Public Works shall be in accordance with
the compensation plan of the city. The director of the Department of Transportation and Public
Works shall be a professional engineer registered and licensed to practice his profession in the State
of Texas.
Sec. 2-148. Same--Powers and duties.
(a) The director of the Department of Transportation and Public Works shall be the
custodian of and responsible for maintaining all maps, plans, profiles and field notes,
grid coordinates and other records and memoranda belonging to the city pertaining to
his office and the work thereof, all of which he shall keep in proper order and
condition, with full indexes thereof. All maps, plans, profiles, field notes, grid
coordinates, estimates and other memoranda of professional work made or done by him
or under his direction and control shall be the property of the city.
(b) The director of Transportation and Public Works shall have charge of the opening,
construction, paving, lighting, signing, marking, maintenance, reconstruction and repair
of all streets, boulevards, alleys, sidewalks, thoroughfares, storm water facilities and
public ways other than those solely serving or within water and sanitary sewer
facilities. He shall have charge of the development and unplementation of all city
transportation programs to provide for the efficient mobility needs of Fort Worth
citizens in all areas of public transportation. He shall have charge of the planning,
design, construction, maintenance and repair of all public buildings owned or operated
by the city and of all public facilities owned and operated by the city except those
specifically delegated otherwise by this chapter (such as water works facilities). He
shall have the right to delegate this responsibility in writing to using departments, under
mutually agreed terms, where special circumstances deem such action appropriate.
(c) The director of the Department of Transportation and Public Works shall serve as the
City Engineer for the city, or he may appoint an employee of the department to serve as
City Engineer; such employee shall be a professional engineer registered and licensed
to practice his profession in the State of Texas. The City Engineer shall approve all
plans and specifications relating to the construction, reconstruction, repair or
maintenance of public or private facilities located on, under, above or along city
properly and rights-of--way, such approval to be evidenced only by his signature on
such plans and specifications. No such work shall be commenced unless and until such
approval has been obtained.
(d) The director of Transportation and Public Works shall also be responsible for the
installation and proper timing of official traffic-control devices, to conduct engineering
analyses of traffic accidents and to devise remedial measures, to conduct engineering
investigation of traffic conditions and to cooperate with the other city officials in the
development of ways and means to improve traffic conditions, and to carry out the
means to improve traffic conditions, and to carry the additional powers and duties
imposed by the Code. In this regard, the director of Transportation and Public Works
may serve as the city traffic engineer or may appoint an employee of the department to
serve as the city traffic engineer, who shall perform such powers and duties enumerated
in this subsection herein or as enumerated in Chapter 22 of this Code.
(e) The director of Transportation and Public Works shall act to coordinate activities
within the department. The director shall provide overall management functions for
the department, including contract management, fiscal control, personneUsafety
programs, and administration of the city's infrastructure improvement projects in
cooperation with other city departments.
(f) The department shall be responsible for enforcing compliance with city construction
contract provisions and specifications by performing recurring inspections during the
construction of city projects.
(g) The Department of Transportation and Public Works shall be responsible for providing
plamling, design, construction inspection, project management and related engineering
services for city infrastructure improvement projects as requested in cooperation with
other city departments and which are not otherwise covered in Chapter 35 of the Code.
(h) The department shall be structured, in part, as an internal services fund for the
provision of services to other city departments. As such, the department will establish
rates to recover the cost of service from the other city departments. Costs will be
allocated to other city departments based upon actual level of services provided by the
Department of Transportation and Public Works for the respective departments.
(i) The Department of Transportation and Public Works shall be responsible for providing
survey services as requested by other city departments.
(j) The Department of Transportation and Public Works shall be responsible for the
acquisition of rights-of--way, easements and easement abandonment related to city
infrastructure or facility projects.
Sec. 2-149. Appointment of employees.
The director of Transportation and Public Works shall have the power to appoint, employ and
remove such officers, assistants, employees and personnel as he may deem necessary for the
efficient admuustration of the affairs of the Department of Transportation and Public Works and to
prescribe and fix their duties, scope of authority and qualifications.
SECTION 3.
Section 1612.1, "General," Article III, "International Building Code," and Section J3402,
"Existing Buildings or Structures," Article IIIA, "International Residential Code" of Chapter 7,
"Buildings" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended to
replace "Department of Engineering" and "director of engineering" with "Department of
Transportation and Public Works."
SECTION 4.
Section 7-331, "Designation of the Local Floodplain Administrator," Division 3
"Administration," Article VIII, "Floodplain Provisions" of Chapter 7, "Buildings" of the Code of
the City of Fort Worth, Texas (1986), as amended, is hereby amended to replace "department of
engineering" with "Department of Transportation and Public Works or his designee."
SECTION 5.
Sections 7-389, "Application" and 7-391(a)(2), "Exemptions, Variances and Exceptions,"
Division 6, "Development within the Trinity River Corridor," Article VIII "Floodplain Provisions,"
of Chapter 7, "Buildings" of the Code of the City of Fort Worth, Texas (1986), as amended, are
hereby amended to replace all references to the "department of engineering" with "Department of
Transportation and Public Worlcs."
SECTION 6.
Sections 12.5-146, "Formal Request for Subsurface Environmental Sampling" and 12.5-
157, "Formal Request for Monitoring Wells," Division 4, "Environmental Use Agreements,"
Article 1, "Administration and Enforcement" of Chapter 12.5, "Environmental Protection and
Compliance" of the Code of the City of Fort Worth, Texas (1986), as amended, are hereby amended
to delete subpart (c)(6) from each.
SECTION 7.
Section 12.5-415(a), "Staff Review," Division 2, "Municipal Setting Designations," Article
IV, "Groundwater and Surface Water Quality" of Chapter 12.5, "Environmental Protection and
Compliance" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended
to delete "engineering department."
SECTION 8.
Sections 15-34(j)(1), 15-34(k), 15-42(a)(24)(e) and 15-42(a)(29)(c), Article II, "Gas Drilling
and Production" of Chapter 15, "Gas" of the Code of the City of Fort Worth, Texas (1986), as
amended, are hereby amended to replace all references to "engineering department" and/or
"department of engineering" with "Department of Transportation and Public Works."
SECTION 9.
Section 31-63, "Review, Approval and Expiration," Article N, "Submission and Review
Process" of Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth, Texas
(1986), as amended, is hereby amended to delete all reference to "engineering department" and
replace all references to "real property management division" and/or "real property division" with
"Right of Way and Easement Division of the Department of Transportation and Public Works."
SECTION 10.
Section 35-4(1), "Construction, Maintenance of Water Lines and Services," Article I, "In
General" of Chapter 35, "Water and Sewers" of the Code of the City of Fort Worth, Texas (1986),
as amended, is hereby amended to replace "city engineer" with "director of the Water Department."
SECTION 11.
Section 35-57.4(c), "Water Tap Connections," Article III "Charges" of Chapter 35, "Water
and Sewers" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended
by deleting "or the department of engineering."
SECTION 12.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas (1986), 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 13.
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 void, ineffective or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not effect 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 a1ry such void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 14.
This ordinance shall take effect and be in full force and effect from and after its passage,
and it is so ordained.
APPROVED AS TO FORM AND
Assistant
~~J/l~~j lfj' v
Date:
M&C: G-16304
ADOPTED: September 30, 2008
EFFECTIVE: September 30, 2008
Cif ®f F®r# ®,rfh, Texas
ayor and Councal Communication
COUNCIL ACTION: Approved on 9/30/2008 -Ord. No. 18319-09-2008
DATE: Tuesday, September 30, 2008
LOG NAME: 02DOE TPW
REFERENCE NO.: G-16304
SUBJECT:
Adopt Ordinance Merging the Department of Engineering into the Department of Transportation and
Public Works
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance merging the Department of
Engineering into the Department of Transportation and Public Works.
DISCUSSION:
The attached ordinance amends Article IV, Chapter 2 of the City Code to merge the Department of
Engineering into the Department of Transportation and Public Works by repealing Division 7 and expanding
Division 4. Additionally, the ordinance replaces or deletes references to the Department of Engineering in
various provisions of the Code of the City of Fort Worth as appropriate. This action is consistent with the
City Manager's reorganization plan presented to the City Council earlier this year.
FISCAL INFORMATION/GERTIFICATION:
The Financial Management Services Director certifies that this action will have no material affect on City
funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Fernando Costa (6122)
Additional Information Contact: Amy Ramsey (7617)
Logname: 02DOE TPW Page 1 of 1