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HomeMy WebLinkAboutOrdinance 27042-08-2024 (2)ORDINANCE NO.27042-08-2024 AN ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, TO AMEND ARTICLE IV "DEPARTMENTS UNDER CONTROL OF CITY MANAGER" OF CHAPTER 2 "ADMINISTRATION" TO ADD DIVISION 21 TO PROVIDE FOR THE CREATION OF THE DEPARTMENT OF ENVIORNMENTAL SERVICES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter VIII, Section 1 of the City Charter authorizes the City Council to establish by ordinance such departments, divisions, and offices as it deems necessary for the operation of the City's business in addition to those departments required by the City Charter; and 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, as part of the City's approved FY2024 budget, the City Manager's office presented to City Council the establishment of a new department, the Environmental Services Department, to emphasize the cty's "So Safe, So Clean, So Green" philosophy; and WEEREAS, it is the recommendation of the City Manager that the City Council establish a new department, the Department of Environmental Services, which shall be responsible for matters involving environmental quality, consumer health, and solid waste; and WHEREAS, the City Council now wishes to establish a new department, Department of Environmental Services under the control of the City Manager in Chapter 2, Administration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Articles IV and Article V, Chapter 2 of the City Code of the City of Fort Worth (2015), as amended, shall be amended so that Article V begins with Section 2-177 "Reserved" and Section 2-176 shall be added to Article IV of Chapter 2. SECTION 2. Article IV, Chapter 2 of the Code of the City of Fort Worth (2015), as amended, is hereby amended to add Division 21 to establish and define the duties for a new department, the Department of Environmental Services, to read as follows: Ordinance No. 27042-08-2024 Page 1 of 3 DIVISION 21: DEPARTMENT OF ENVIRONMENTAL SERVICES Section 2-174 CREATION AND ESTABLISHMENT OF DEPARTMENT OF ENVIRONMENTAL SERVICES The Department of Environmental Services is hereby established. The department shall be under the supervision of the director of environmental services, who shall be subiect to appointment and removal by the city manager. The salary of the director of environmental services shall be in accordance with the compensation Wan of the city. Section 2-175 APPOINTMENT OF EMPLOYEES In accordance with established personnel procedures and as Arovided by the city budget, the director of environmental services shall have the power to appoint, employ and remove such employees and personnel according to authorized budgeted positions or authorized personnel overages for the efficient administration of the affairs of the department and to prescribe and fix their duties, scope of authority and qualifications. Section 2-176 DUTIES The director and his or her employees shall be responsible for investigating. monitoring, inspecting, and auditing matters and issues pertaining to environmental quali , , consumer health, solid waste within the City of Fort Worth, and other matters assigned by the City, Council or City Manager's Office. SECTION 3. 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 repealed. 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 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 Ordinance No. 27042-08-2024 Page 2 of 3 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 5. This ordinance shall be in full force and effect following its adoption. APPROVED AS TO FORM AND LEGALITY: By: a{..K U A Christopher Austria, Jannette S. Goodall, Senior Assistant City Attorney City Secretary Adopted and Effective: August 13, 2024 Ordinance No. 27042-08-2024 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0664 LOG NAME: 22ENVIRONMENTAL SERVICES DEPARTMENT SUBJECT (ALL) Adopt an Ordinance Amending Chapter2, "Administration", Article IV "Departments Under Control of the City Manager' of the Code of the City of Fort Worth to Establish a New Department, the Environmental Services Department, and Add the Duties and Functions for the Environmental Services Department RECOMMENDATION: It is recommended that the City Council adoptthe attached ordinance amending Chapter 2, "Administration", Article [V "Departments Under Control of the City Manager' of the Code of the City of Fort Worth establishing a new department, the Environmental Services Department and adding the duties and functions for the department. DISCUSSION: Chapter VII, Section 1 of the City Charter authorizes the City Council to establish by ordinance such departments, divisions, and offices as it deems necessary for the operation of the City's business (in addition to those departments required by the City Charter) and also authorizes the City Council to discontinue any departments or office established by ordinance and to prescribe, combine, consolidate, distribute, or abolish the functions and duties of departments, divisions or offices. The City Manager is recommending that the City Council adopt the attached ordinance which establishes the Environmental Services Department as a new department and adds duties and functions of the department. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. J Submitted for City Manager's Office by: Valerie Washington 6199 Originating Business Unit Head: Cody Whitten burg 5455 Additional Information Contact: Wyndie Turpen 6982