HomeMy WebLinkAboutOrdinance 23722-08-2019 ORDINANCE NO. 23722-08-2019
AN ORDINANCE AMENDING CHAPTER 12.5,ARTICLE III,DIVISION 4:
"MUNICIPAL DRAINAGE UTILITY SYSTEM," OF THE CODE OF THE
CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY ADDING A
NEW SECTION 12.5-348 REGULATING PUBLIC ACCESS TO CERTAIN
DRAINAGE INFRASTRUCTURE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth ("City") seeks to provide for the health, safety, and
welfare of its citizens; and
WHEREAS, the City is the owner of drainage infrastructure, consisting of both real and
personal property, that is used in providing stormwater capabilities and capacity to manage and
control stormwater runoff for the drainage utility system; and
WHEREAS, the City's drainage infrastructure includes, but is not limited to, bridges,
catch basins, channels,conduits,creeks,culverts,detention ponds,retention ponds,ditches,draws,
flumes, pipes,pumps, sloughs, treatment works and related appurtenances; and
WHEREAS, certain City-owned drainage infrastructure is accessible to the public; and
WHEREAS, it is in the legitimate interest of the City of Fort Worth to protect the health,
safety, and welfare of its citizens by placing reasonable regulations on public access to drainage
infrastructure; and
WHEREAS,the City Council finds this Ordinance to be reasonable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
SECTION 1
Chapter 12.5,Article III, Division 4: "Municipal Drainage Utility System,"of the Code of
the City of Fort Worth (2015), as amended, is hereby revised to add a new section to read as
follows:
12.5-348 ACCESS TO STORMWATER DRAINAGE INFRASTRUCTURE; HOURS OF
OPERATION.
(a) Absent the express permission of the Director of the Department of Transportation and
Public Works, it shall be unlawful for any person to enter or remain in any portion of City-
owned Drainage Infrastructure unless such Drainage Infrastructure has been designated by
the Director of the Department of Transportation and Public Works as open to the public.
The Director of the Department of Transportation and Public Works shall have the
authority to designate City-owned Drainage Infrastructure as open to the public and to
determine the hours during which any such Drainage Infrastructure shall be open to the
public. Unless otherwise posted by the Director of the Department of Transportation and
Public Works, any City-owned Drainage Infrastructure which has been designated as open
to the public shall be open to the public from dawn until dusk.
(b) Absent the express permission of the Director of the Department of Transportation and
Public Works, it shall be unlawful for any person to wade, swim, boat, or fish in anyCity-
owned Drainage Infrastructure at any time.
(c) Any person violating the provisions of this section shall be guilty of a misdemeanor
punishable by a fine not to exceed $500.
SECTION 2
That these ordinances shall be cumulative of all other ordinances of the City of Fort Worth,
Texas, and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto 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, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase,
clause, sentence, paragraph or section of these ordinances 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 affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of these ordinances, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5
That 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 these ordinances shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6
That the City Secretary of the City of Fort Worth, Texas,is hereby directed to publish these
ordinances for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by the V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7
These ordinances shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Matt Murray ary J. Kays ec ry
Assistant City Attorney
Date: Ptucw6k 1-'4' 171� F RT
ADOPTED: August 13, 2019 A.
EFFECTIVE: q g d. 2019
T�XP►S
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/13/19 M&C FILE NUMBER: M&C 19-0026
LOG NAME: 20AMEND MUNICIPAL DRAINAGE UTILITY SYSTEM ORDINANCE
SUBJECT
Adopt Ordinance Amending Chapter 12.5,Article III,Division 4:"Municipal Drainage Utility System,"of the Code of the City of Fort Worth,Texas
(2015),as Amended,to Add a New Section 12.5-348 Regulating Public Access to City Drainage Infrastructure(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5,Article III,Division 4:"Municipal Drainage Utility
System,"of the Code of the City of Fort Worth,Texas(2015),as amended,by adding a new section 12.5-348 regulating public access to City
drainage infrastructure.
DISCUSSION:
Amending Chapter 12.5,Article III,Division 4:"Municipal Drainage Utility System,"of the Code of the City of Fort Worth,Texas(2015)by adding a
new section 12.5-348 regulating public access to City drainage infrastructure reflects the City's desire to protect the health,safety,and welfare of
its citizens by placing reasonable regulations on public access to drainage infrastructure.
Transportation and Public Works/Stormwater Management is recommending this ordinance to better protect the community from the hazards
associated with drainage infrastructure. Of particular interest is regulating the use of green space that functions as a drainage facility. Such
green space drainage facilities can have a park-like appearance that naturally invites public use. This amendment will allow these areas to be
posted to distinguish between the areas that are open to public use from those that are not. Additionally,this amendment allows the Director of
the Transportation and Public Works Department to set and regulate public use hours for those facilities that are open to public use.
Violations of the ordinance would be Class C misdemeanors and result in citations with a fine not to exceed$500.00 for each offense.
This M&C does not request approval of a contract with a business entity.
A Form 1295 is not required for this contract because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on city funds in the short term. In the long term,the Municipal Court
department will have the responsibility to collect the revenues due to the city.
Submitted for City Manager's Office by: Susan Alanis 8180
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Greg Simmons 7862