HomeMy WebLinkAboutOrdinance 18603-04-2009ORDINANCE NO 18603-OS-2009
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED BY AMENDING
CHAPTER 2 ADMINISTRATION" ARTICLE I `IN GENERAL
SECTION 2-9(d) `CONTRACT EXECUTION CHANGE ORDER
BY PROVIDING THAT CERTAIN EASEMENTS VALUED AT
LESS THAN $25,000.00 CAN BE EXECUTED BY THE CITY
MANAGER AND SHALL NOT REQUIRE CITY COUNCIL
APPROVAL PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES PROVIDING A SAVINGS
CLAUSE, PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS AS FOLLOWS
SECTION 1
THAT Chapter 2 Administration Section 2 9 `Contract Execution, Change
Order" Subsection (d) of the code of the City of Fort Worth (1986), as amended is
hereby further amended to read as follows
(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 of 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
uhlrty or drainage easement.
(4) Temporary and permanent easements granted to the city and
valued at less than twenty-five thousand dollars ($25 000 00)
(5) Consent agreements for encroachments into public property which
comply with Section 3210 of the Building Code of the City provided further
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that the City Manager may authorize the Building Official and Planning and
Development Director to execute such agreements.
SECTION 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 m 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repealed.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 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 m 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 Code of Fort Worth 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 m court or not, under such
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ordinances, 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 pubhcarion as required by law
APP OVED AS TO ORM AND LEGALITY
By. ~ 1~,.. C~
Assistant City Attorney
ADOPTED Mav 12, 2009
EFFECTIVE ~A~1 ~C.~IaL~
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City of Fort Worth, Texas
Mayor and Council Communication
~.~
COUNCIL ACTION: Approved on 5/12/2009 -Ord. No' 18603-05-2009
_.~ .
DATE Tuesday May 12 2009
LOG NAME 20ROWE/ORDINANCEAMENDMENT
~W
REFERENCE NO G-16567
SUBJECT
Adopt Ordinance Amending the City's Code of Ordinances Section 2-9 Part (d)(4) Contract Execution to
Provide for the Administrative Approval of Easements Valued at Less than $25 000 00
RECOMMENDATION
It is recommended that the City Council adopt the ordinance amending the City's Code of Ordinances
Section 2 9 Part (d)(4) Contract Execution to provide for the administrative approval of all easements
valued at less than $25 000 00 required for City infrastructure projects
DISCUSSION
The City's Code of Ordinances Section 2-9 Part (d) provides that the city manager may approve the
following without city council approval (4) Temporary and permanent water sanitary sewer public or
quasi-public utility construction easements right-of-way easements and avigation easements granted to
the city and valued at less than five thousand dollars ($5 000 00). As a result of the existing ordinance
the City Council considers the approval of a large number of easements on a regular basis that are valued
at less than $25 000 00
The Transportation and Public Works Department and the City Attorney's Office have reviewed the current
easement acquisition approval process and have determined that significant time and cost savings could
be realized on an annual basis if all infrastructure project easements valued at less than $25 000 00 were
approved through the existing internal administrative process involving the requesting entities or
departments Right-of Way and Acquisitions group the Finance Department, the City Attorney's Office
and the City Manager's Office
The amendment of the City's Code of Ordinance Section 2-9 Part (d)(4) would provide for the
administrative approval and acceptance of routine easements valued at less than $25 000 00 by the City
Manager or his/her designee The approval process would be accomplished through an abbreviated
written approval process involving the requesting entities or departments the Right-of Way and
Easements group the Finance Department, the City Attorney's Office and the City Manager's Office Upon
the approval of the easement(s) the Right-of Way and Easements group within the Transportation and
Public Works Department, will file the appropriate documents at the Tarrant County Courthouse
In January of 2009 a plan for reducing the time associated with the acquisition of properties for
infrastructure projects was discussed with the Infrastructure and Transportation Committee This proposed
action was included as one of the strategic steps toward improving those delivery times
All other actions pertaining to the acquisition of easements valued at $25 000 00 or greater the
condemnation of properties and the sale purchase or lease of real property will continue to be approved
by the City Council prior to the execution or acceptance by the City Manager's Office
Logname: 20ROWE/ORDINANCEAMENDMENT Page 1 of 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
William Verkest (7801)
Deanna Cody (8379)
Logname 20ROWE/ORDINANCEAMENDMENT
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