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HomeMy WebLinkAboutOrdinance 23920-11-2019 ORDINANCE NO. 23920-11-2019 AN ORDINANCE AMENDING CHAPTER 22 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, BY REPEALING ARTICLE XII, "AUTOMATED RED LIGHT ENFORCEMENT;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 31, 2007, the City Council adopted Ordinance No. 17677 creating an automated red light enforcement program in the City of Fort Worth; WHEREAS, HB 1631, effective June 2, 1019, was passed by the 861h Legislature prohibiting automated red light enforcement programs; WHEREAS, the City's automated red light enforcement program terminated effective June 2, 2019; WHEREAS, Council is repealing Article XII to remove the automated red light enforcement program from its City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 22, "Motor Vehicles and traffic," Article XII, "Automated Red Light Enforcement," of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby repealed in its entirety. SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which the conflicting provisions of such ordinances and such Code are hereby repealed.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 sections, paragraphs, sentences, clauses and phrases of the 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 Ordinance No.23920-11-2019 Page 1 of 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 these provisions of the Code of the City of Fort Worth that have been adjudicated as of June 2, 2019,which shall not be affected by this ordinance. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying this caption and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. This ordinance shall take effect and be in full force and effect from and after its adoption, and it is so ordained. JAPROVED S TO FORM AND LEGALITY: ATT Assistant City Attorn y Mary J.Ka , C ty retary ADOPTED AND EFFECTIVE: November 12, 2019 FORT Gvo �-A U 1FXp,S Ordinance No.23920-11-2019 Page 2 of 2 City of Fort Worth,Texas Mayor and Council Communication DATE: 11/12/19 M&C FILE NUMBER: M&C 19-0309 LOG NAME: 20AUTOMATED RED LIGHT ENFORCEMENT SUBJECT Adopt Ordinance Repealing Chapter 22,"Motor Vehicles and Traffic,"Article XII,"Automated Red Light Enforcement"of the Code of the City of Fort Worth(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance repealing Chapter 22,"Motor Vehicles and Traffic,"Article XII,"Automated Red Light Enforcement"of the Code of the City of Fort Worth. DISCUSSION: On July 31,2007,the City Council adopted Ordinance No. 17677 creating an automated red light enforcement program in the City of Fort Worth. Effective June 2,2019, HB 1631 was passed by the 86th Legislature prohibiting automated red light enforcement programs. Because of this bill,the City's automated red light enforcement program terminated effective June 2,2019. The City stopped all revenue collections as of June 1,2019.Any collections that were mailed or received by the City as of June 1,2019,to current are being refunded back to the registered vehicle owner.The City is also working with Verra Mobility,formerly American Traffic Solutions to have all of the cameras, radar units,signage, post structure and foundation removed from City locations by January 31,2020. The Fort Worth Police Department will take ownership of all existing camera poles,foundations,conduit or other below-grade infrastructure and any power related to the infrastructure for the installation of surveillance cameras.The camera poles will become property of the City. As of October 1,2019,there is no additional operating expenses to the red light camera fund and the position being funded by the program has been eliminated. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that adoption of this ordinance will result in the annual reduction of revenue to the city of approximately $10,240,000.00. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Tanya Brooks 7861