HomeMy WebLinkAboutOrdinance 23503-12-2018ORDINANCE NO. 23503-12-2018
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS, (2015), AS AMENDED, BY AMENDING SECTION 2-147
OF DIVISION 4, "TRANSPORTATION AND PUBLIC WORKS," OF
ARTICLE IV "DEPARTMENTS," OF CHAPTER 2, "ADMINISTRATION";
BY AMENDING SECTION 2-148 (b) AND REPEALING AND REPLACING
SECTIONS 2-148 (c) AND (d) OF DIVISION 4, "TRANSPORTATION AND
PUBLIC WORKS," OF ARTICLE IV "DEPARTMENTS," OF CHAPTER 21
"ADMINISTRATION"; BY RETITLING AND AMENDING SECTION 22-2
OF ARTICLE I "IN GENERAL" OF CHAPTER 22, "MOTOR VEHICLES
AND TRAFFIC"; 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, Chapter VIII, Section 1 of the City Charter authorizes the City Council to
discontinue any department or office established by ordinance and to prescribe, combine, consolidate,
distribute, or abolish the functions and duties of departments, divisions, or offices; and
WHEREAS, in order to provide flexibility to the City in filling the position of the Director
of the Department of Transportation and Public Works, the City Council desires to remove the
requirement that the director possess a professional engineer license; and
WHEREAS, the City Council desires to make clear that the positions of City Engineer and
City Traffic Engineer require the possession of a professional engineer license valid in the State of
Texas; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Section 2-147 of Division 4, "Transportation and Public Works" of Article IV, "Departments," of
Chapter 2, "Administration" of the City Code is hereby amended to read as follows:
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.
SECTION 2.
Section 2-148(b) of Division 4, "Transportation and Public Works" of Article IV, "Departments,"
of Chapter 2, "Administration" of the City Code is hereby amended and sections 2-148 (c) and (d)
of same are hereby repealed and replaced, each to read as follows:
(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, stormwater facilities and public ways other than
those solely serving or within water and sanitary sewer facilities. He or she shall have charge of
the development and implementation of all city transportation programs to provide for the efficient
mobility needs of Fort Worth citizens in all areas of public transportation. He or she shall have
charge of the planning, design, construction, maintenance and repair of all public facilities owned
and operated by the city except those specifically delegated to the Property Management
Department, the water department or otherwise by this chapter. He or she shall have the right to
delegate this responsibility in writing to other departments, under mutually agreed terms, where
special circumstances deem such action appropriate.
(c) The city engineer shall be a professional engineer registered and licensed to practice in the
State of Texas. If the director of the department of transportation and public works is a licensed
professional engineer in the State of Texas, he or she may serve as the city engineer or he or she
may appoint a duly licensed employee of the department to serve as the city engineer. 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 property
and rights-of-way, such approval to be evidenced by his or her signature on such plans and
specifications. No such work shall be commenced unless and until such approval has been
obtained.
(d) The city traffic engineer shall be a professional engineer registered and licensed to practice in
the State of Texas. If the director of transportation and public works is a licensed professional
engineer in the State of Texas, he or she may also serve as the city traffic engineer or he or she
may appoint a duly licensed employee of the department to serve as the city traffic engineer. The
city traffic engineer shall exercise the powers and duties so provided in Chapter 22 of this code
and other ordinances of the city relative to traffic.
SECTION 3.
Section 22-2 "City Traffic Engineer -Office Created; Appointed" of Article I, "In General," of
Chapter 22, "Motor Vehicles and Traffic" of the City Code is hereby amended to be re -titled and
amended to read as follows:
CITY TRAFFIC ENGINEER -OFFICE CREATED
The office of city traffic engineer within the department of transportation and public works
is hereby established.
Ordinance No. 23503-12-2018
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the City Code except
where the provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such City Code, in which event conflicting provisions of such ordinances and such City Code are
hereby repealed.
SECTION 5.
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 6.
All other provisions of the City Code shall remain in full force and effect, save and except as
amended by this ordinance.
SECTION 7.
This ordinance shall take effect upon adoption, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Q��
Douglas W. Black
Sr. Assistant City Attorney
M&C: G-19436
ADOPTED & EFFECTIVE: December 11, 2018
ATTEST:
Mary J. Ka
City Secretary
Ordinance No. 23503-12-2018
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/11/2018 -Ordinance No. 23503-12-2018
DATE: Tuesday, December 11, 2018 REFERENCE NO.: "`G-19436
LOG NAME: 20AMENDMENT TO ARTICLE IV, CHAPTER 2, DIVISION 4
SUBJECT:
Adopt Ordinance Removing the Requirement that the Director of the Department of Public Works and
Transportation Hold a Professional Engineering License and Establishing that the City Engineer and City
Traffic Engineer Must be Registered Professional Engineers (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance removing the requirement that the
Director of the Transportation and Public Works Department be a registered and licensed professional
engineer and requiring that the positions of city engineer and city traffic engineer possess a valid Texas
professional engineering license.
DISCUSSION:
The attached ordinance amends Article IV, Chapter 2, Division 4 of the City Code by removing the
requirement that the Director of the Department of Transportation and Public Works be a registered
professional engineer licensed to practice in Texas. However, both the city engineer and the city traffic
engineer will now be required by code to possess a valid Texas professional engineering license. This
action is consistent with the City Manager's desire to cast a broad net in its search for a director to
effectively lead the department while ensuring technical expertise at appropriate levels.
This is for ALL COUNCIL DISTRICTS.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of the above recommendation will have no material effect
on the City's budget.
FUND IDENTIFIERS (FIDs):
Department ccoun Project
ID ID
Department ccoun Project
ID ID
CERTIFICATIONS:
Submitted for City Manager's Office by:,
Originating Department Head:
Additional Information Contact:
Budget Reference # mou
Year I (Chartfield 2)
Budget Reference #
Year I (Chartfield 2
Susan Alanis (8180)
Steve Cooke (5134)
Doug Black (7615)
Logname: 20AMENDMENT TO ARTICLE IV, CHAPTER 2, DIVISION 4 Page I of I