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HomeMy WebLinkAboutOrdinance 23146-03-2018 ORDINANCE NO.23146-03-2018 AN ORDINANCE REPEALING ORDINANCE NO.21669-03-2015 TO DISSOLVE THE FORT WORTH COMMISSION ON ENDING HOMELESSNESS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEALING CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2005, the City Council of the City of Fort Worth ("City Council") established a Mayor's Advisory Commission on Homelessness for the purpose of serving in an advisory capacity to the City Council on matters of plans, policies and methods for addressing homelessness (Resolution No. 3203-05-2005; Ordinance No. 16630-10-2005); and WHEREAS, in 2012,the City Council repealed Ordinance No. 16630-10-2005, changing Mayor's Advisory Commission on Homelessness to the Fort Worth Advisory Commission on Ending Homelessness ("FWACEH") and established guidelines for appointments to the 21- member Commission and provided for the Commission's duties and responsibilities (Ordinance No. 20039-01-2012); and WHEREAS, in 2015, the City Council repealed Ordinance No. 20039-01-2012 and re- established the FWACEH as a 15-member Commission with new guidelines for appointments and redefined duties and responsibilities (Ordinance 21669-03-2015); and WHEREAS,the Fort Worth/Arlington/Tarrant Continuum of Care TX 601 ("CoC") is the local federally-required planning body which includes organizations working on homelessness that receives and distributes approximately $12,000,000 annually in federal funding for activities that address homelessness; and WHEREAS, the CoC Board adopted a new Board Charter on January 29, 2018 which included a Leadership Council composed of the Mayors of Fort Worth and Arlington, the County Judges of Tarrant and Parker Counties and the Chair of the Mayor's Council of Tarrant County, and Membership Council consisting of twenty-five (25) voting Members and one (1) ex officio non-voting Member; and WHEREAS, the purpose of the Leadership Council is to provide elected officials with more involvement in the homeless system and creates capacity to better allocate resources; and WHEREAS, the reorganized Continuum of Care Board will serve as the planner for an area-wide strategy to reduce homelessness, therefor there is no longer a need for a separate City planning body and the FWACEH can be dissolved. Ordinance No.23146-03-2018 Page 1 of 3 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,THAT: SECTION 1. Ordinance No. 21669-03-2015 is hereby repealed in its entirety, and the Fort Worth Advisory Commission on Homelessness is hereby dissolved. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, 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 phrases,clauses,sentences, paragraphs and sections of this ordinance are severable,and,if any phrase,clause,sentence,paragraph or section of this ordinance shall be declared unconstitutional 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. 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 Code of the City of Fort Worth, or any other ordinances of the City,that 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 5. All other provisions of the Code of the City of Fort Worth,as amended, shall remain in full force and effect, save and except as amended by this ordinance. Ordinance No.23146-03-2018 Page 2 of 3 SECTION 6. This Ordinance shall take effect upon adoption as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: Vicki S. Ganske Mary J. Kayser Senior Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: March 20,2018 Ordinance No.23146-03-2018 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on X2't?018 - Ordinance No. 23148--03-2018 DATE: Tuesday, March 20, 2018 REFERENCE NO.: G-19244 LOG NAME: 02DISSOLUTION OF ADVISORY COMMISSION ON ENDING HOMELESSNESS SUBJECT: Adopt Ordinance Repealing Ordinance No. 21669-03-2015 to Dissolve the Fort Worth Advisory Commission on Ending Homelessness (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance repealing Ordinance No. 21669-03- 2015 to dissolve the Fort Worth Advisory Commission on Ending Homelessness. DISCUSSION: The Mayor's Commission on Homelessness was established on May 17, 2005 to advise the City Council on policies and methods for addressing homelessness (Resolution No. 3203-05-2005). The Commission developed Directions Home, a 10-year plan for ending chronic homelessness, and the City Council enacted Directions Home and amended the City's Comprehensive Plan to incorporate it (Resolution No. 3628-06-2008). On January 10, 2012, the City Council repealed the resolution establishing the Commission and formally created a 21-member Fort Worth Advisory Commission on Ending Homelessness (FWACEH) (Ordinance No. 20039-01-2012). On March 3, 2015, the City Council re- established the FWACEH with a 15-member Commission and new guidelines for appointments and redefined duties (Ordinance No. 21669-03-2015). The FWACEH has promoted and encouraged community participation in efforts to end homelessness and provided recommendations to the City Council regarding policies, plans and methods for addressing homelessness. The Continuum of Care (CoC) is the local planning body that includes organizations working on homelessness in Tarrant and Parker Counties and distributes approximately $12 million annually in Housing and Urban Development funding for activities addressing homelessness issues. On January 29, 2018, the CoC board unanimously voted to amend its charter. One key change was the addition of a leadership council of local elected officials consisting of the Fort Worth and Arlington Mayors, the Tarrant and Parker County Judges, and the Chair of the Mayor's Council of Tarrant County. This particular change was made to ensure that elected officials have more oversight of the homeless system which currently has multiple boards dealing with homelessness issues and overseeing various pools of funding. Some current FWACEH members will be appointed to ensure City representation on the re-organized CoC Board. One of the first tasks of the CoC Board will be to create an area-wide strategic plan to end homelessness. This plan will effectively replace Directions Home as the guiding document for ending homelessness. In line with the intention of the amended CoC charter, Staff recommends that the FWACEH be dissolved because community homelessness planning will be done by the CoC Board. This M&C does not request approval of a contract with a business entity. Logname: 02DISSOLUTION OF ADVISORY COMMISSION ON ENDING HOMELESSNESS Page I of 2 The Director of Finance certifies that approval of this Mayor and Council Communication will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Tara Perez (2235) Additional Information Contact: Tara Perez (2235) Logname: 02DISSOLUTION OF ADVISORY COMMISSION ON ENDING HOMELESSNESS Page 2 of 2