HomeMy WebLinkAboutOrdinance 16483-06-2005ORDINANCE NO. /~~~'J' ~ lP -o?(•V~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (198, AS AMENDED, BY AMENDING CHAPTER 2
ADMINISTRATION" ARTICLE I `IN GENERAL SECTION 2-
9(d)"CONTRACT EXECUTION CHANGE ORDER, BY PROVIDING
THAT TEMPORARY AND PERMANENT WATER, SANITARY SEWER,
DRAINAGE, PUBLIC UTILITY OR AVIAGATION EASEMENTS VALUED
AT LESS THAT $5,000.00 CAN BE EXECUTED BY THE CITY MANAGER
AND SHALL NOT REQUIRE CITY COUNCII. APPROVAL, PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
SECTION 1.
THAT Chapter 2 Administration" Article I "In General" 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 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.
(4) Temporary and Permanent water sanitary sewer, public or quash-public
utility construction easements, right-of--way easements and avigation easements
granted to the City and valued at less than $5 000
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 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such ordinances and such Code are hereby repealed.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 3.
It ~s 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 jurLSdiction, 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.
SECTION 4.
This ordinance shall be ui full force upon adoption.
APPROVE AS TO FORM AND LEGALITY
Assis ~ t City orney
2
Date:
ADOPTED• ~~-~`~~~
EFFECTNE. ~U ~. 2~ 2~~
3-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/28/2005 Ordinance No 16483-06-2005
DATE Tuesday June 28 2005
LOG NAME. 300RDAMEND REFERENCE NO *G-14841
SUBJECT
Adopt Ordinance Amending the City's Code of Ordinances Section 2 9 Part D Contract Execution
to Provide for the Administrative Approval of Easements Valued at Less than $5 000
RECOMMENDATIION
It is recommended that the City Council adopt the ordinance amending the City's Code of Ordinances,
Section 2-9 Part D Contract Execution, to provide for the administrative approval of easements valued at
less than $5 000 rE:quired for City infrastructure projects.
DISCUSSION
The City's Code oi~ Ordinances, Section 2 9 Part D requires that 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's Office. This provision includes the acquisition of routine permanent,
temporary and avigation easements for the construction of City infrastructure projects regardless of value
As a result of this existing ordinance the City Council considers the approval of a large number of
permanent, temporary construction and avigation easements on a weekly basis that are valued at less than
$5 000
The Department of Engineering and the City Attorney's Office have reviewed the current easement
acquisition approval process and have determined that significant cost savings could be realized on an
annual basis if permanent, temporary construction and avigation easements valued less than $5 000 that
are needed for City infrastructure projects were approved through an internal administrative process
involving the requesting entities or departments, the Finance and Engineering Departments, the City
Attorney's Office aind the City Manager's Office.
Under the current easement acquisition/approval process, routine easements may pass through the hands
of numerous employees spread over several departments before appearing on the City Council's agenda
The amendment of the City's Code of Ordinance Section 2-9 Part D would provide for the administrative
approval and acceptance of routine permanent, temporary construction and avigation easements valued at
less than $5 000 l:-y 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
Finance and Engineering Departments, the City Attorney's Office and the City Manager's Office Upon the
approval of the easement(s) the Engineering Department, through its Real Property Division will file the
appropriate documents at the Tarrant County Courthouse
All other actions pertaining to the acquisition of easements valued at $5 000 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.
T.(lanamP. ~nRT~AR/1RNTl Dana 1 nf'>
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/A,ccount/Centers FROM Fund/AccountlCenters
soon ~~ ~e~~ris~~a ms.
Submitted for Cit1 Manager's Office b~ Marc Ott (8476)
Originatin....g Depa~finent Head. A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname 300RDAMEND Page 2, of ~