Loading...
HomeMy WebLinkAboutOrdinance 21650-02-2015 i i I I ORDINANCE NO.21650-02-2015 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION," OF THE CODE OF THE CITY OF FORT. WORTH, TEXAS, (1986), AS AMENDED, BY REPEALING ARTICLE X, "EQUIPMENT SERVICES DEPARTMENT AND RESTATING IT AS ARTICLE X, "PROPERTY MANAGEMENT DEPARTMENT;" PROVIDING FOR THE ESTABLISHMENT AND SUPERVISION OF THE PROPERTY MANAGEMENT DEPARTMENT; PROVIDING FOR THE APPOINTMENT OF EMPLOYEES OF THE PROPERTY MANAGEMENT ! DEPARTMENT; PROVIDING FOR THE DUTIES OF THE PROPERTY MANAGEMENT DEPARTMENT; REPEALING SECTION 2-166(B) OF DIVISION 6, "DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT," OF ARTICLE IV; REPEALING SECTION 2-148(T) OF DIVISION 4, "TRANSPORTATION AND PUBLIC WORKS," OF ARTICLE IV; REPLACING ALL REFERENCES IN THE CITY CODE TO "RIGHT OF WAY AND EASEMENT DIVISION OF THE DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS" WITH THE PHRASE J "PROPERTY MANAGEMENT DEPARTMENT;" AMENDING SECTION i 2-148(B) OF DIVISION 4, "TRANSPORTATION AND PUBLIC WORKS," OF ARTICLE IV; AMENDING SECTION 2-13, "CONVEYANCE OF TAX FORECLOSURE PROPERTY TO ELIGIBLE HOUSING NONPROFIT ORGANIZATIONS FOR THE DEVELOPMENT OF LOW INCOME HOUSING," OF ARTICLE I; REPLACING ALL REFERENCES IN THE 1 CITY CODE TO "EQUIPMENT SERVICES DEPARTMENT" WITH THE PHRASE "PROPERTY MANAGEMENT DEPARTMENT;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR C ORDINANCES AND REPEALING CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter VIII, Section 1 of the City Charter authorizes the City Council to P establish by ordinance such departments, divisions, and offices as it deems necessary for the operation for 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 I WHEREAS, the Equipment Services Department was previously established by Ordinance No. 14697, adopted by the City Council on July 17, 2001, as codified in Article X, "Equipment Services " of Chapter 2, "Administration" of the Code of the City of Fort Worth, Texas (1986), as amended(the "City Code"); and i Ordinance No.21650-02-2015 Page 1 of 5 I I E I 4 WHEREAS, certain real property functions were assigned to the Department of Housing and Economic Development by Ordinance No. 18320-09-2008, adopted by City Council on September 30, 2008, as codified in Section 2-166(b) of Division 6, "Department of Housing and Economic Development," of Article IV, "Departments," of Chapter 2, "Administration" of the City Code;and WHEREAS, certain real property functions were assigned to the Department of Transportation and Public Works in Ordinance No. 18320-09-2008, adopted by City Council on September 30, 2008, as codified in Section 2-1480) of Division 4, "Transportation and Public Works,"of Article IV, "Departments,"of Chapter 2, "Administration"of the City Code; and WHEREAS, the maintenance and repair of all public buildings owned or operated by the City and of all public facilities owned and operated by the City except those specifically 1 delegated otherwise by the City Code (such as water works facilities) were assigned to the Department of Transportation and Public Works as codified in Section 2-148(b) of Division 4, "Transportation and Public Works," of Article IV, "Departments," of Chapter 2, "Administration" i of the City Code; and WHEREAS, the functions of gas lease management are currently in the Planning and Development Department; and i WHEREAS, to improve and increase the efficiency of the utilization of the City's physical assets, pursuant to Chapter VIII, "Administrative Departments to be Controlled and Administered I by the City Manager," Section 1, "Number of Administrative Departments to be Controlled and Administered by the City Manager," of the Charter of the City of Fort Worth,the City Manager has recommended that certain of the various real property-related functions assigned to multiple departments be moved to the newly-created Property Management Department, and that the Department of Equipment Services be combined with the Property Management Department. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. Article X, "Equipment Services," of Chapter 2, "Administration," of the City Code is hereby I repealed in its entirety and restated in its entirety as Article X, "Property Management Department" to read as follows: ARTICLE X—PROPERTY MANAGEMENT DEPARTMENT j See.2-301. Establishment and supervision of the department. Pursuant to Chapter VIII, Section 1 of the Charter of the City of Fort Worth, the Property Management Department ("Department") is hereby established. The Department shall be charged I Ordinance No.21650-02-2015 Page 2 of 5 i I I i i 1 with the administration of the real property and fleet assets of the City, as required by the City Council by ordinance, and as directed by the City Manager. The Department shall be supervised by a director ("Director"), who will be subject to appointment and removal by the City Manager. The Director's salary shall be set by the City Manager in accordance with the City's compensation plan. i Sec. 2-302. Department employees. ! i I The Director shall have the authority to appoint, employ and remove assistants, employees and other personnel as the Director deems necessary for the efficient administration of the Department's affairs and the execution of the Department's duties and obligations. The j Director shall prescribe the duties of and compensation to such assistants, employees and other I personnel in accordance with the City's compensation plan. Sec.2-303. Department duties. In addition to the duties as prescribed by the City Manager, the Department shall also have the following duties and responsibilities: i (a) The Department shall be responsible for (i) the acquisition, disposition, and leasing , of real property interests, including the acquisition of utility easements and rights-of-way and the lease and sale of City-owned property surrounding Lake Worth; (ii) the management of tax foreclosed properties; (iii) mineral leasing of City property; and (iv) other real property issues related to the City. i (b) The Department shall provide facilities maintenance and repair to City-owned and City-operated properties, buildings, and facilities as directed by the City Manager, and except as specifically delegated otherwise by the City Code. 1 I (c) The Department shall provide space planning and allocation for the efficient 1 utilization of existing City facilities by City departments. i (c) The Department shall be responsible for acquiring, monitoring, servicing, and j repairing motor vehicles and equipment used by all City departments. Fuels and lubricants shall i be researched, purchased, and distributed by the Department. The Department shall establish charges for classes of equipment and vehicles and shall recommend to the budget office amounts to charge user departments. SECTION 2. Section 2-166(b) of Division 6, "Department of Housing and Economic Development," of Article IV, "Departments," of Chapter 2, "Administration" of the City Code is hereby repealed. F I Ordinance No.21650-02-2015 Page 3 of 5 i 1 I i I 4 i SECTION 3. 4 Section 2-1480) of Division 4, "Transportation and Public Works," of Article IV, "Departments," of Chapter 2, "Administration" of the City Code is hereby repealed. SECTION 4. i The City Code is hereby amended to replace all references to the "right of way and easement division of the Department of Transportation and Public Works" with "Property Management Department." SECTION 5. Section 2-148(b) of Division 4, "Transportation and Public Works," of Article IV, f "Departments," of Chapter 2, "Administration" of the City Code is hereby amended to read as follows: s (b) The director of transportation and public works shall have charge of the opening, construction, paving, lighting, signing, marking, maintenance, reconstruction and repair of all streets, boulevards, alleys, sidewalks, thoroughfares, storm water facilities and public ways other than those solely serving or within water and sanitary sewer facilities. He or she shall have charge of the development and implementation of all city ! transportation programs to provide for the efficient mobility needs of Fort Worth citizens in all areas of public transportation. He or she shall have charge of the planning, design, construction, maintenance and repair of all public btfildings facilities owned er and operated by the city and of all publ e faeilities evaied operated by cit-y except i those specifically delegated to the Property Management Department or otherwise by this chapter (such as water works facilities). He shall have the right to delegate this responsibility in writing to u4ng other departments, under mutually agreed terms, where special circumstances deem such action appropriate. SECTION 6. Section 2-13, "Conveyance of tax foreclosure property to eligible housing nonprofit j organizations for the development of low income housing," of Article I, "In General," of Chapter 2, "Administration" of the City Code is hereby amended to replace all references to the "housing and economic development department" to the "Property Management Department." SECTION 7. The City Code is hereby amended to replace all references to the "Equipment Services Department" to the "Property Management Department". I i I Ordinance No.21650-02-2015 Page 4 of 5 ! I P r I i i i SECTION 8. This ordinance shall be cumulative of all provisions of ordinances of the City Code except , where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such City Code, in which event conflicting provisions of such ordinances and such City Code are hereby repealed. SECTION 9. 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 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 i ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. i i SECTION 10. All other provisions of the City Code shall remain in full force and effect, save and except as amended by this ordinance. I SECTION 11. This ordinance shall take effect upon adoption, and it is so ordained. i i APPROVED AS TO FORM AND LEGALITY: ATTEST: I r eann D. Guzman ary J. Ka , City SVeretary j Assistant City Attorney Date: 'v M&C: G-18416 ADOPTED: February 17, 2015 I EFFECTIVE: February 17, 2015 Ordinance No.21650-02-2015 Page 5 of 5 I i l i City of Fort Worth, Texas Mayor and Council Communication f COUNCIL ACTION. `Approved on"2/17/201'5 Ordfinance."No. 21652-02=2015 DATE: Tuesday, February 17, 2015 REFERENCE NO.: G-18416 j LOG NAME: 02PROPERTYMGMTDPT SUBJECT: Adopt Ordinance Amending the City Code to Provide for Establishment of the Property Management Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the City Code to provide for the establishment of the Property Management Department. DISCUSSION: The attached ordinance amends the City Code by creating a Property Management Department. This P action is consistent with the City Manager's work plan for the remainder of Fiscal Year 2015, and will be formed with existing resources and without additional positions or appropriations. I The new Department will oversee, among other things, (i)the management of the majority of the real property functions of the City, including but not limited to sale of tax-foreclosed property; purchases, sales, and leases of real property; property acquisition for capital projects; and mineral leasing; (ii) the maintenance and space use of existing City facilities; and (iii)the acquisition, disposition, and maintenance of the City's vehicle fleet, by dissolving the current Equipment Services Department and moving those responsibilities into the Property Management Department. The consolidation of these functions into one department is to improve and increase the efficiency of the utilization of the City's physical assets. The Department's duties and responsibilities are more specifically outlined in the attached ordinance. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that approval of the above recommendation will have no material effect on the Fiscal Year 2015 budget and all expenditures until October 1, 2015 will be made through appropriated funds in existing departmental budgets. While no current year impact is anticipated from this action, upon approval the Property Management Department will be included in the Fiscal Year 2016 budget of the City Manager. FUND CENTERS: i TO Fund/Account/Centers FROM Fund/Account/C enters CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Fernando Costa (6122) Additional Information Contact: Leann Guzman (8973) i Logname: 02PROPERTYMGMTDPT Page 1 of 1