HomeMy WebLinkAboutOrdinance 24830-05-2021 ORDINANCE NO. 24830-05-2021
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION," OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS
AMENDED, BV REVISING SUBSECTION (c) OF SECTION 2-9,
"CONTRACT EXECUTION; AMENDMENTS; CHANGE ORDERS," TO
CLARIFY THAT THE CITY MANAGER MAY, WITHOUT CITY
COUNCIL APPROVAL, EXECUTE MONTH-TO-MONTH LEASES OR
LEASES THAT DO NOT EXCEED 31 DAYS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A
SEVERABILITV CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, with certain exceptions, section 2-9(c) of the Code of the City of Fort
Worth (2015) ("City Code") requires that any contract or other legal instrument for sale,
purchase, or lease of real property must be approved by the City Council prior to execution by
the City Manager; and
WHEREAS, existing language allows execution of"leases for a tenn not exceeding 30
days and involving an amount not exceeding $50,000" by the City Manager without City
Council approval and has long been interpreted and applied as allowing for the execution of
leases that are below the dollar threshold and that constitute month-to-month leases or may
otherwise be terminated with 30 days' notice; and
WHEREAS, staff proposes revising the ordinance language to clarify the extent of the
City Manager's authority, memorialize long-standing practice, and provide explicit authority for
execution of leases of up to 31 days.
NOW THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
SECTION 1.
That Chapter 2, "Administration," Section 2-9(c), "Contract Execution; Amendments;
Change Orders," of the City Code is hereby amended to clarify the City Manager's authority to
execute month-to-month leases or leases with a duration of up to 31 days with such provision, as
amended, to read as follows:
(c) Except as otherwise provided in this section, any contract or other legal
instrument for the sale, purchase or lease of real property shall be approved by the city
council prior to the execution or acceptance of the city manager. The following may be
executed without city council approval:
(i) Leases that:
(A) (1) involve an annual City expenditure amount not exceeding
$50,000; or
(2) Involve the City as landlord; and
(B) (1)have a month-to-month term; or
(2)have a term not exceeding thirty-one(31)days;
and
(ii) Licenses, except for those that involve use of public right of way for a
period in excess of six (6)months.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the City Code,
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 City 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 Fort Worth 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 ordinance amended herein, which 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 ordinance, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
�z,'.r 4,2021
r Ronald P.Gonzales(May la,2D21 oJ Ulf
Assistant City Attorney Mary J.Kayser
ADOPTED: May 11,2021 FOR T
EFFECTIVE: o ��0� O
�XAS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/11/21 M&C FILE NUMBER: M&C 21-0329
LOG NAME: 21 MONTH TO MONTH LEASES
SUBJECT
(ALL)Authorize the Adoption of the Attached Ordinance Amending Chapter 2,"Administration",Section 2-9(c),"Contract Execution;
Amendments;Change Orders,"of the City Code Related to the City Manager's Authority to Execute Month-To-Month Leases,Leases With a
Duration Of Up To 31 (Thirty-One)Days,or Licenses with Some Exceptions
RECOMMENDATION:
It is recommended that the City Council authorize the adoption of the attached ordinance amending Chapter 2,"Administration",Section 2-9(c),
"Contract Execution;Amendments;Change Orders,"of the City Code related to the City Manager's authority to execute month-to-month leases,
leases with a duration of up to 31 (thirty-one)days,or licenses with some exceptions.
DISCUSSION:
Section 2-9(c)under Chapter 2,"Administration,""Contract Execution;Amendments;Change Orders,"of the Code of the City of Fort Worth(2015)
(City Code)currently requires that any contract or other legal instrument for sale,purchase,or lease of real property must be approved by the City
Council prior to execution by the City Manager.
The existing language allows execution of"leases for a term not exceeding 30 days and involving an amount not exceeding$50,000"by the City
Manager without City Council approval and has long been interpreted and applied as allowing for the execution of leases that are below the dollar
threshold and that constitute month-to-month leases or may otherwise be terminated with 30 days'notice.
To clarify the extent of the City Manager's authority and to memorialize long-standing practice,staff proposes to amend Chapter 2,
"Administration",Section 2-9(c),"Contract Execution;Amendments;Change Orders,"of the City Code to provide the City Manager the explicit
authority to execute(i)month-to-month leases;(ii)leases with a duration of up to 31 days;and(iii)licenses,with the exception of licenses that
involve the use of public right of way for a period in excess of six months.
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 approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Mark Brown 5197