HomeMy WebLinkAboutOrdinance 24161-04-2020 ORDINANCE NO. 24161-04-2020
AMENDING ORDINANCE NO. 24089-03-2020 TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ALL CONTRACTS AND ANY OTHER
LEGAL INSTRUMENTS NECESSARY FOR CONDUCTING CITY
BUSINESS FOR THE DURATION OF THE DECLARATION OF PUBLIC
HEALTH EMERGENCY ORDERED BY MAYOR BETSY PRICE ON
MARCH 13,2020,AS CONTINUED,AMENDED OR RENEWED,OR ANY
EXECUTIVE ORDER BY THE GOVERNOR OF THE STATE OF TEXAS
OR BY TARRANT COUNTY JUDGE B. GLEN WHITLEY, AS MAY BE
CONTINUED, AMENDED OR RENEWED, RELATING TO SERVICES
AND ACTIVITIES DURING THE COVID-19 DISASTER ;
TEMPORARILY SUSPENDING SECTION 2-9 OF THE CITY CODE AND
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING AN EFFECTIVE DATE AND AN
EXPIRATION DATE; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, pursuant to authority under Chapter 418 of the Texas Government Code, on
March 13,2020 Mayor Betsy Price ordered a Declaration of Public Health Emergency in response
to the novel coronavirus now referred to as COVID-19, which has been declared as a worldwide
pandemic by the World Health Organization; and
WHEREAS, on that same day the Governor of Texas issued a State of Disaster for all
Texas counties and the President of the United States declared a State of National Emergency for
the United States of America due to the COVID-19 virus; and
WHEREAS, in the days that have followed, the Mayor's Declaration of Public Health
Emergency has been revised and extended by the City Council to increase restrictions and
precautions necessary to minimize the risk of transmission of the COVID-19 virus, and the
Governor of Texas and Tarrant County Judge B. Glen Whitley (among other County Judges and
Commissioner's Courts with jurisdiction in the City of Fort Worth)have issued various Executive
Orders to address the health risks posed by the COVID-19 virus; and
WHEREAS, in order to reduce risks of transmission of the COVID-19 virus by limiting
person-to-person contact,the City Council meetings of March 17,24,and 31,2020 were cancelled,
and it is anticipated that additional City Council meetings may also be cancelled as a result of this
public health emergency; and
WHEREAS, Section 2-9 of the City Code requires advance City Council approval of all
City contracts and other legal instruments except for a limited number of those in which the City
Council has granted administrative execution authority to the City Manager and any Assistant City
Manager (including the Deputy City Manager), as more specifically outlined in Section 2-9(d) of
the City Code; and
Ordinance Amending Ordinance No.24089-03-2020 Suspending Section 2-9 of the City Code
and Granting Administrative Execution Authority to the City Manager
During Public Health Emergency
Page 1 of 3
WHEREAS,the City Council wishes to minimize any disruption to City business that may
be caused by City Council meeting cancellations as elected officials and other City administrators
seek to take measures to reduce the opportunity for transmission of the COVID-19 virus and to
ensure that persons in the City who are impacted by this health crisis receive the highest level of
care and attention possible; and
WHEREAS, on March 19, 2020 the City Council adopted Ordinance No. 24089-03-2020
suspending Section 2-9 of the City Code for the duration of the Mayor's March 13, 2020
Declaration, as might be amended, continued, or renewed, in order to allow the City Manager or
any Assistant City Manager(including the Deputy City Manager)to execute all contracts and other
legal instruments deemed necessary to carry out the City's business without having to convene
City Council meetings during this public health emergency in order to obtain initial approval of
such contracts and other legal instruments; and
WHEREAS, in the light of subsequently issued Executive Orders by the Governor of
Texas and Tarrant County Judge to address the health risks posed by the COVID-19 virus, which
also apply to the City of Fort Worth,the City Council now wishes to amend Ordinance No 24089-
03-2020 to suspend Section 2-9 of the City Code in order to allow the City Manager or any
Assistant City Manager (including the Deputy City Manager) to execute all contracts and other
legal instruments deemed necessary to carry out the City's business for the duration of the Mayor's
March 13,2020 Declaration, as may be amended, continued, or renewed, as well as any Executive
Order of the Governor of Texas or Tarrant County Judge imposing restrictions or other directives
in connection with the COVID-19 crisis,as may be amended,continued,or renewed (collectively,
the "Declarations and Orders");
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION 1.
Notwithstanding Section 2-9 of the City Code and to the fullest extent permitted by
applicable law, the City Manager and any Assistant City Manager (including the Deputy City
Manager) are hereby authorized to execute any contracts or other legal instruments as they deem
necessary to carry out City business for the duration of the Declarations and Orders,as any of such
may be continued, amended or renewed. Any provisions of Section 2-9 of the City Code that
directly conflict with the provisions of this ordinance are hereby suspended. The City Manager
shall provide a weekly report to the City Council regarding the contracts and other legal
instruments executed pursuant to the authority granted hereunder.
Ordinance Amending Ordinance No.24089-03-2020 Suspending Section 2-9 of the City Code
and Granting Administrative Execution Authority to the City Manager
During Public Health Emergency
Page 2 of 3
SECTION 2.
This ordinance will be effective immediately upon its adoption by majority vote of the City
Council and shall continue in effect until final expiration of the Declarations and Orders,as any of
such may be continued, amended, or renewed, unless repealed earlier by majority vote of the City
Council. Unless earlier repealed by majority vote of the City Council, upon final expiration of the
Declarations and Orders, as any of such may be continued, amended, or renewed, this ordinance
shall automatically be repealed, and the provisions of Section 2-9 of the City Code immediately
will take effect once more. The reinstitution of Section 2-9 of the City Code will not affect the
validity and enforceability of any contracts or other legal instruments executed by the City
Manager or any Assistant City Manager (including the Deputy City Manager) during the period
in which the Declarations and Orders, as may have been amended,continued,or renewed, were in
effect.
SECTION 3.
In addition to Section 2,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 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 suspended.
SECTION 4.
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 unconstitutional or illegal by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality
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 or illegal phrase, clause, sentence, paragraph or
section.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Peter Vaky,Deputy C' Attorney Mary J. Kay Ci retary
f x
ADOPTED AND EFFECTIVE: April 7, 2020 `••
Ordinance Amending Ordinance No.24089-03-2020 Suspending Section 2-9 of the City Code
and Granting Administrative Execution Authority to the City Manager
During Public Health Emergency 0� 'NO�►