HomeMy WebLinkAboutOrdinance 21877-09-2015 ORDINANCE NO.21877-0701-2015
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS
(2015), AS AMENDED, TO CHANGE THE NAME OF THE "DEPARTMENT OF PARKS
AND COMMUNITY SERVICES" TO THE "PARK AND RECREATION
DEPARTMENT"; TO RETITLE CHAPTER 24 OF SAID CODE TO "PARK AND
RECREATION"; TO CONFORM THE ENTIRE FORT WORTH CITY CODE TO THE
DEPARTMENTAL NAME CHANGE; TO AMEND CHAPTER 24, "PARK AND
RECREATION", ARTICLE I, "IN GENERAL", SECTION 24-1 "JURISDICTION" AND
SECTION 24-2 "CONDITIONS FOR USE; ENFORCEMENT" TO ENSURE THE RULES
AND REGULATIONS GOVERNING COMMUNITY CENTERS ARE APPLIED
EQUALLY CITYWIDE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter VIII, Section 1 of the City Charter authorizes the Fort Worth City Council ("City
Council") to 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);
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;
WHEREAS, on April 12, 1994, the City Council adopted Ordinance Number 11541 to change the name
of the "Department of Parks and Recreation" to the "Department of Parks and Community Services" to reflect
the community services related functions that were transferred as part of a departmental restructuring initiative;
WHEREAS, as part of the recent effort to restructure the Housing and Economic Development
Department into two separate departments, the City Council created the Department of Neighborhood Services
("DNS") on February 17, 2015 through the adoption of Ordinance Number 21651-02-2015 ("DNS Ordinance");
WHEREAS, one of the key purposes of the new DNS is to provide for the administration of programs
and the expenditure of funds for housing and neighborhood revitalization with both public funds, public and
private grants, and private donations;
WHEREAS, to effectuate the purposes of the DNS, the City Manager intends on transferring the
community services related functions within the current Department of Parks and Community Services to the
DNS;
WHEREAS, as a result of such transfer, the necessity exists to change the name of the Department of
Parks and Community Services to the Park and Recreation Department, along with any references thereto
throughout the Fort Worth City Code; and
WHEREAS, it is also the intent of the City Council that the rules and regulations in Chapter 24
governing community centers be applied Citywide without regard to the specific department that may be
charged with the day-to-day operations and programming of any particular community center.
Ordinance No. 21877-09-2015
Page 1 of 4
NOW, THEREFORE, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
SECTION 1.
(a) That department denominated as the "Park and Recreation Department" in Chapter XVIII of the
Charter of the City of Fort Worth, Texas, as amended, shall hereafter be named and referred to in the Fort
Worth City Code, as amended, the "Park and Recreation Department';
(b) Chapter 24 of the Fort Worth City Code, as amended, is hereby retitled "Park and Recreation";
and
(c) The phrases "parks and community services" and "park and community services" whenever they
appear in Chapter 24 and elsewhere in the entirety of the Fort Worth City Code are hereby amended to read as
"park and recreation"
SECTION 2.
Section 24-1, "JURISDICTION" of Article 1, "IN GENERAL" to Chapter 24, "PARK AND
RECREATION" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended to
carry out the City Council's intent that the rules and regulations governing the community centers be applied
Citywide without regard to the specific department that may be charged with the day-to-day operations and
programming of any particular community center. Section 24-1 shall be amended to read as follows:
Sec. 2 -1. Jurisdiction.
The rules and regulations in this article shall be in force in all parks, recreation areas and community centers
(regardless of the city department charged with the day-to-day operations and programming of any
particular community center) of the city.
SECTION 3.
Section 24-2, "CONDITIONS FOR USE, ENFORCEMENT"of Article 1, "IN GENERAL" to Chapter 24,
"PARK AND RECREATION" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further
amended to carry out the City Council's intent that the rules and regulations governing the community centers be
applied Citywide without regard to the specific department that may be charged with the day-to-day operations and
programming of any particular community center. Section 24-2 shall be amended to read as follows:
Sec. 2 -2. Conditions for use, enforcement.
Compliance with all laws, ordinances, rules and regulations is a condition of the use of any public park,
community center or recreation area of the city. It shall be unlawful for any person to remain in any park,
community center, or recreation area within the city after being advised by an employee of the city or a
peace officer that he or she is interfering with, disrupting, or preventing the orderly conduct of any
supervised or unsupervised play, educational program, or amusement program in any park, community
center, or recreation area within the city and having been asked to leave.
Ordinance No. 21877-09-2015
Page 2 of 4
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances 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 5.
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 or invalid as contrary to local, state or federal law, by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity 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 or invalid
phrase, clause, sentence,paragraph or section.
SECTION 6.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who
resists the enforcement of any of the provisions of this Ordinance shall be subject to arrest and a fine of not more
than Five Hundred Dollars ($500.00) for each offense. Each day this violations is permitted to exist shall constitute
a separate violation.
SECTION 7.
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 the City of Fort Worth, Texas, or any other ordinances of the City, that 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 in court or not, under such ordinances, same shall not be
affected by this ordinance, but may be prosecuted until final disposition by the courts.
Ordinance No.21877-09-2015
Page 3 of 4
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty
clause, and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section
52.013 of the Texas Local Government Code.
SECTION 9.
This ordinance shall take effect and be in full force and effect on October 1, 2015, and so it is ordained.
APPROVED AS TO FORM AN LEGALITY: ATTEST: �
Tyler F. Wallat a y K a
Assistant City omey City Secretary
ADOPTED: September 15, 2015
EFFECTIVE: October 1, 2015
Ordinance No.21877-09-2015
Page 4 of 4
City of o Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 9/15/2015 -Ordinance No. 21877-09-2015
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DATE: Tuesday, September 15, 2615 REFERENCE NO.: **G-16556
LOG NAME: 6666 PARK AND-RECREATION-.DEPT
SUBJECT:
Adopt Ordinance Amending the Fort Worth City Code to Change the Name of the "Department of Parks
and Community Services"to the "Park and Recreation Departmment°", to Retitle Chapter 24 of Said Code to
"Park n Recreation", to Conform the Entire City Code to the Departmental Name Change and to Amend
Sections 24-1 and 24-2 of i Code to Ensure the Rules and Regulations Governing the Community
Centers are Applied Equally Citywide (All...II._ COUNCIL... DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Fort Worth City Code
to change the name of the "Department of Parks and Community Services" to the "Park n Recreation
Department", to retitle Chapter 24 of said City Code to "Park and Recreation"', to conform the entire City
Code to the departmental name change, and to amend Chapter 24 - "Park and Recreation"" Article I - In
General„ Section 24-1 Jurisdiction and Section 24-2 - Conditions for Ilse; Enforcement toe sure that the
rules and regulations governing community centers are applied citywide without regard to the specific
department that may charged with the day to-day operations and programming of any particular
community center.
DISCUSSION:
The attached ordinance amends the Fort Worth City Code (Code) to change the name of the Department
of rs and Community Services to the Park and Recreation Department, along with any references
thereto throughout the Code (including, without lirnitation, Chapter 24), to more accurately reflect the
department's new remission.
On February 17, 2015, the City Council approved Mayor and Council Communication (M C) No. G-18415
and adopted Ordinance No. 21651-.62-2615, creating the Neighborhood Services Department„ which will
now include the Community Services Division beginning in Fiscal Year 2616. To reflect the change in
department services effective October 1, 2615, a retitling of the Parks and Community Services
Department to the ark and Recreation Department its requested with this action.
The department will continue to be responsible for progirams governing acquisition, improvement,
maintenance and operation of all public parks„ parkways, lakes and other recreational areas, and the
grounds surrounding all municipal buildings owned or controlled by the city and provide management and
operations to recreation centers, golf courses, the Botanic Garden, ILog Cabin Village„ Fort Worth Nature
Center and Refuge and manage the contract for the Fort Worth Zoo. The day-to-day operations and
programming of the city's community centers will be split between the new Park and Recreation
Department and the Neighborhood Services Department as part of the Community Services Division
transfer. Therefore, it is necessary to revise Chapter 24 1 and 24 2 oft the Code to ensure that the rules
and regulations governing community centers be applied citywide without regard to the specific
department that may be charged with the day-to-day operations and programming of any particular
community center.
t..,o m umc: ......IAA AND....._RE(.,:Ri,,,A, io1 DEP71m Page, t off
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director cerfifies that the approval of the above recommendation will
have no material effect on this Fiscal Year Budget. it no current year impact is anticipated from this
action, upon approval the Park and Recreation Department will be pncluded in the Fiscal Year budget of
the City Manager.
111.-1-11 11 .............
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
............
CERTIFICATIONS:
Submifted for Cily.MaiLc Susan Alani�s (8180)
0.r[gjpAjing_Pjpartment Head: Richard Zavaila (5704)
Additional Information Contact: Richard Zavala (5704,)
Lo mane: 8080-YARK AND-IRECREA]]CAN- DEPT Page 2 of 2