HomeMy WebLinkAboutOrdinance 21653-02-2015 ORDINANCE NO.21653-02-2015
AN ORDINANCE ADOPTING THE RECODIFICATION OF THE CODE
OF ORDINANCES OF THE CITY OF FORT WORTH, TEXAS;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION
THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances for the City of Fort Worth, Texas was previously
recodified in 1915, 1950, and 1964, and on September 23, 1986 the City Council of the City of
Fort Worth adopted a new Code of Ordinances for the City of Fort Worth ; and
WHEREAS, the Code of Ordinances adopted on September 23, 1986 has been supplemented
88 times; and
WHEREAS, the City Council of the City of Fort Worth authorized a general compilation,
revision and recodification of the ordinances of the City of Fort Worth of a general and
permanent nature and publication of such ordinance in book form; and
WHEREAS, the purpose of recodification is to rearrange the existing Code of Ordinances
in an orderly and logical manner where needed and assure that all provisions are consistent with
state statutes and with each other; and
WHEREAS, on November 11, 2012, the City entered into a contract with American Legal
Publishing Corporation to recodify the Code of Ordinances of the City of Fort Worth, Texas; and
WHEREAS, if adopted, this will be the first full review, revision and recodification of the
general ordinances of the City of Fort Worth since 1986; and
WHEREAS, all ordinances included in the current Code of Ordinances will be repealed
upon the effective date of this ordinance, and replaced by the new codified version of the same
law and going forward the Code of Ordinances will be supplemented both in paper and
electronically not less than once a month.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
SECTION 1.
The printed code of ordinances entitled "Code of Ordinances of the City of Fort Worth,
Texas", consisting of Chapters 1 through 36, and Appendix "A", Zoning Regulations and
Appendix `B" Department of Code Compliance, is hereby adopted as the Code of Ordinances of
the City of Fort Worth (hereinafter referred to in this ordinance as "the Code") and shall
constitute the ordinances of the City in accordance with Section 1-12 of Chapter 1 of the Code,
except as otherwise provided therein.
The cross references, state law references, Charter references, editor's notes, annotations
and other footnotes in the Code were supplied by the publisher and are not adopted as part of the
Ordinance No. 21653-02-2015
Page 1 of 4
text of the Code.
SECTION 2.
Subsection 13 of Chapter 1 "General Provisions", Section 1-12 "Certain Ordinances not
affected by Code" of the Code of Ordinances of the City of Fort Worth is hereby amended to
read as follows:
Section 1-12 Certain Ordinances not affected by Code
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
(13) Adopted after November 18, 2014;
SECTION 3.
All ordinances of a general and permanent nature enacted on or before November 18, 2014,
and not included in the Code or recognized and continued in force by reference therein are repealed.
Ordinances adopted after November 18, 2014, shall not be deemed to have been repealed by this
ordinance but such ordinances are continued in full force and effect.
SECTION 4.
The repeal provided for in Section 3 above shall not be construed to revive any ordinance or
part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
SECTION 5.
Unless another penalty is expressly provided, a violation of any provision of such Code, or
any provision of any rule or regulation adopted or issued pursuant thereto, shall be punishable by a
fine not to exceed Two Thousand Dollars ($2,000.00) for violations of all such rules, ordinances
and police regulations that govern fire safety, zoning and public health and sanitation nor to exceed
Five Hundred Dollars ($500.00) for all other violations, as provided in Section 1-6 of such Code.
No penalty shall be greater or less than the penalty provided for the same or similar offense under
the laws of the state. Each day any violation of the Code or of any ordinance shall continue shall
constitute a separate offense.
SECTION 6.
Additions or amendments to the Code, when passed in the form as to indicate the intention
of the City Council to make the same a part of the Code, shall be deemed to be incorporated into the
Code so that reference to the Code includes the additions and amendments.
Ordinance No. 21653-02-2015
Page 2 of 4
SECTION 7.
Ordinances adopted after November 18, 2014, that amend or refer to ordinances that have
been codified in the Code, shall be construed as if they amend or refer to the provision of the Code.
SECTION 8.
The Code shall be admitted in evidence without proof and the City Secretary shall record
said Code as adopted in the ordinance records of the City; and there after such record shall serve as
a record of the ordinance so codified and it shall not be necessary in establishing the contents of any
particular ordinance so codified to go beyond said record.
SECTION 9.
The repeal of any ordinance or any portion thereof by the preceding sections shall not affect
or impair any act done or right vested or accrued, or any proceeding, suit or prosecution had or
commenced in any cause before such repeal shall take effect; but every such act done, or right
vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force
and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in
force. No offense committed and no liability, penalty or forfeiture either civilly or criminally
incurred prior to the time when such ordinance or part thereof shall be repealed or altered by the
Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such
offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if
such prior ordinance or part thereof had not been repealed or altered.
SECTION 10.
It is the desire of the City Council to keep the Code current and up-to-date by causing
amendments to be published in the form of supplements. The supplements will be published in
paper and electronically not less that once a month. These supplements when inserted in their
proper place in their entirety shall constitute the official Code up to the date of the most recently
published supplement. The copy kept in the Office of the City Secretary of the City of Fort Worth
shall be kept complete and up-to-date with all such changes and supplements. In the event any
question is raised as to whether a Code is complete and up-to-date, the copy in the office of the City
Secretary shall be final and conclusive. Any ordinance which amends, supplements or repeals any
of the provisions of this Code and which is not contained in the supplements to the Code, and not
otherwise repealed, shall nonetheless be deemed in force and effect from the date indicated in same,
and upon proof of its existence be admissible in evidence in any courts of this state or the United
States, or for any other lawful purposes.
Ordinance No.21653-02-2015
Page 3 of 4
SECTION 11.
All of the provisions of the ordinance shall be printed in the front of the Code. The City
Secretary is hereby directed to file this ordinance in the ordinance records of the City of Fort Worth.
SECTION 12.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
�` ..lLI�G✓1�_
Sarah J. Full wider, City Attorney
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The Code of Ordinances has been duly adopted by the City Council of the City of Fort Worth in
the mariner required by law and is hereby authenticated as the Code of Ordinances for the City of
Fort W exas fective as provided in the adopting Ordinance. No. 21653-02-
20 ,this t day f Feb t ary, 2015.
M
Bet rice
Ma or of t ity of Fort Worth, Texas
�4p11'Q'4�ha
Atte a°��t °O� *&°° A °4°O 0�
Mary Kayser t7 o o x d
City Secretary of the City of Fort Worth, Texas ��a�.o v o dd
a
Adopted and Effective:
Februga 17, 2015
Ordinance No. 21653-02-2015
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/17/2015 - Ordinance No. 21653-024015
DATE: Tuesday, February 17, 2015 REFERENCE NO.: G-18418
LOG NAME: 11 RECODFWCODE
SUBJECT:
Adopt Recodification of the Code of Ordinances of the City of Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance recodifying the Code of Ordinances of the City
of Fort Worth, Texas.
DISCUSSION:
On November 11, 2012, the City entered into a contract with American Legal Publishing Corporation
(American Legal)to recodify the Code of Ordinances of the City of Fort Worth, Texas. The purpose of
recodification is to rearrange the existing Code in an orderly and logical manner where needed and assure
that all provisions are consistent with state statutes and with each other. This represents the first full
review, revision and recodification of the general ordinances of the City of Fort Worth since 1986. Previous
recodifications occurred in 1915, 1950 and 1964.
The project was conducted in cooperation with the City Secretary's Office and the City Attorney's Office.
American Legal was provided with copies of ordinances adopted by the City Council along with the current
City Code. The two offices reviewed the revisions and deletions proposed by American Legal and
suggested changes where necessary. The legal review eliminated provisions that were expired or no
longer used, corrected references to state law and eliminated conflicts with other ordinances and state
law. Both offices are recommending the proposed revisions and adoption of the attached ordinance.
All ordinances included in the Code will be repealed upon the effective date of this ordinance, which is
after publication, and replaced by the new codified version of the same law. Going forward the Code will
be supplemented both in paper and electronically not less than once a month.
The total project cost was $44,640.00 with the remaining balance of$31,775.00 to be paid upon approval
of this Mayor and Council Communication and adoption of the attached ordinance.
FISCAL INFORMATION /CERTIFICATION:
The Fiscal Year 2015 budget included appropriations in the amount of$31,775.00 in the General Capital
Projects Fund for the City Secretary's Office. As of January 21, 2015, the appropriations have not been
expended. Upon approval of this recommendation, the Financial Management Services Director certifies
that funds are available in the current capital budget as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers
Lognarne: 11RECODFWCODE Page 1 of 2
FROM Fund/Account/Centers
C301 539120 110000100115 $31,775.00
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6111)
Originating Department Head: Mary Kayser (6161)
Additional Information Contact: Mary Kayser (6161)
Logname: 11 RECODFWCODE Page 2 of 2