HomeMy WebLinkAboutOrdinance 15542®RDINANCE N®. ~ J ~~~
AN ORDINANCE AMENDING SUBSECTION (D) OF SECTION 2-9
"CONTRACT ADMIl~]ISTRATION; CHANGE ORDER" OF CHAPTER
2, "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, TO AUTHORIZE THE CITY
MANAGER TO APPROVE THE VACATION OF WATER, SANITARY
SEWER, PUBLIC OR QUASI-PUBLIC UTILITY OR DRAINAGE
EASEMENTS, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF FORT WORTH,.
TEXAS:
SECTION 1.
That Section 2-9(d) "Contract Execution; Change Order" of Chapter 2,
"Administration" of the Code of the City of Fort Worth, Texas (1986), as amended, is
hereby further amended by revising subsection (d) as follows:
2-9 (d)
Any contract or other legal instrument for the sale, purchase or lease of
real property shall be approved by the city council prior to execution or
acceptance by the city manager; provided, however, that leases of city
property for a term not exceeding thirty (30) days and involving an
amount not exceeding twenty-five thousand dollars ($25,000.00) may be
executed by the city manager without city council approval. Provided
further, that the city manager may approve the following without city
council approval: 1) any contract or other legal instrument for the lease,
license or use of facilities at the Will Rogers Memorial Center; 2) any
contract or other legal instrument for the lease, license or use of facilities
at the Fort Worth Convention Center; and 3) the vacation of a water,
sanitary sewer, public or quasi-public utility or drainage easement:
SECTI®N 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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repealed.
SECTI®N 3.
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 would have been enacted by the
City Council without the_ incorporation. in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTI®N 4.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTI®N 5.
This ordinance shall be effective upon its passage and publication as required by
law.
AS TO FORM AND LEGALITY:
Assistan Attorney
ADOPTED: ~i~ ~ ® ~
EFFECTIVE: ~-' ~ ~-" C~.3 .
2
City o, f ' FoYt ~YoYth, Texas
DATE REFERENCE NUMBER ,LOG NAME PAGE
5/6/03 *~G-'13966 12LAW 1 of 2
suB~ECT AMENDMENT OF SECTION 2-9 OF THE CITY CODE TO ALLOW THE CITY MANAGER
TO APPROVE THE VACATION OR ABANDONMENT OF WATER, SANITARY SEWER,
PUBLIC OR QUASI-PUBLIC UTILITY EASEMENTS BY SEPARATE INSTRUMENT AND
AMENDMENT OF SECTION 31-22 OF THE CITY CODE TO PROVIDE VACATION OR
ABANDONMENT PROCEDURES FOR WATER, SANITARY SEWER, PUBLIC OR QUASI-
PUBLIC UTILITY EASEMENTS
RECOMMENDATION:
It is recommended that the City Council:
Adopt the attached ordinance amending Section 2-9 of the City Code authorizing the City Manager
to approve the vacation or abandonment. of water, sanitary sewer, public or quasi-public utility or
drainage easements by separate instrument; and
2. Adopt the attached ordinance amending Section 31-22 of the City Code to incorporate the approved
changes of Section 1066 of the Plan Commission Rules and Regulations relating to the vacation or
abandonment of water, sanitary sewer, public orquasi-public utility or drainage easements.
DISCUSSION:
On February 4, 2003, the City Council approved the adoption of amendments to the City Plan
Commission Rules and Regulations relating to vacation procedures for public or quasi-public utility or
drainage easements to allow the vacation of these type easements by separate instrument or plat.
Section 1068 of the Plan Commission Rules and Regulations changed the procedures to eliminate the.
need for the Mayor and Council Communication process by allowing the City Manager to certify a
proposal to vacate or abandon a public or quasi public utility or drainage easement by separate
instrument. After review by the applicable City departments, the City Manager would have 12 working
days upon receipt of the application to approve or deny the request. If approved by the City Manager,
the instrument is filed in the deed records of the appropriate county. A denial by the City Manager may
be appealed to .the City Council. ~ ~ .
If the. applicant elects to .vacate or abandon the easement through the platting process, the
Development Department and applicable utility companies ,will review the proposed nature and extent
of the vacation requested,. including the required re-routing or relocation of necessary utility. or drainage
easements. Once approved by the City staff and the utility companies, the completed plat, indicating
the easement abandoned or vacated, will be filed in the.deed records of the appropriate county.
Section 2-9(d), "Contract execution; change orders", of the City Code provides that any legal instrument
for the sale, purchase or lease'of .real property shall be approved by the City Council. Adoption of the
proposed ordinance would provide an exception to subsection (d) of Section 2-9 to allow the City
IVlanager to approve the vacation of water, sanitary sewer, public or quasi-public utility or drainage
easements by separate instrument without City Council approval as outlined in Section 1066 of the
amended Plan Commission Rules and Regulations.
City of Fort Worth, Texas
DATE REFERENCE NUMBER LOG NAME PAGE
5/6/03 ~~G-'13966 12LAW 2 of 2
SUBJECT AMENDMENT OF SEGTION 2-9 OF THE CITY CODE TO ALLOW THE CITY MANAGER
TO APPROVE THE VACATION OR ABANDONMENT OF WATER, SANITARY SEWER,
PUBLIC OR QUASI-PUBLIC UTILITY EASEMENTS BY SEPARATE INSTRUMENT AND
AMENDMENT OF SECTION 31-22 OF THE CITY GODS TO PROVIDE VACATION OR
ABANDONMENT PROCEDURES FOR WATER, SANITARY SEWER; PUBLIC OR QUASI-
PUBLIC UTILITY EASEMENTS
Adoption of the second ordinance amending. Section 31-22, "Vacations of Dedication" of Article II
"Dedications and Vacations" of Chapter 31 of the City Code would mirror the newly adopted language
of Section 106B of the Plan Commission Rules and Regulations by providing two alternatives to vacate
water, .sanitary sewer, public orquasi-public utility or drainage easements.
Street and alley vacations will. continue to be reviewed and approved by the City Council under the
current procedures.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that there will be no material effect on City funds.
BG:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Bridgette Garrett (Acting 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 05/06/03
ORD.#'s 15542 AND 15543
Additional Information Contact:
Sarah Fullenwider 7619
David Yett 7623