HomeMy WebLinkAboutOrdinance 14934ORDINANCE NO ! /
AN ORDINANCE AMENDING CHAPTERS 2, 12.5, 20 AND 34 OF
THE CODE OF THE CITY OF FORT WORTH, ELIMINATING
THE RISK MANAGEMENT DEPARTMENT AND THE
TRANSFERING OF ITS RESPONSIBILITIES TO THE RISK
MANAGEMENT DIVISION OF FINANCE AND THE
OCCUPATIONAL HEALTH AND SAFETY DIVISION OF
HUMAN RESOURCES; REPEALING CHAPTER 2, ARTICLE IV,
DIVISION 6 IN ITS ENTIRETY; RECOGNIZING THAT THE
RISK MANAGEMENT DIVISION OF FINANCE WILL NOW BE
THE REVIEWING AGENCY FOR INSURANCE
REQUIREMENTS AND APPROVALS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Budget for the fiscal year of 2001-2002 was adopted on September 18,
2001 calling for the ehmmation of the Risk Management Department as a separate and
independent department;
WHEREAS, the Risk Management Department was eliminated on October 1, 2001,
WHEREAS, the 2001-2002 Budget authorized the division of the Risk Management
Department into two separate departments,
WHEREAS, the Workers' Compensation, Health Insurance, and Unemployment
Compensation Divisions became part of the Human Resources Department as the Occupational
Health and Safety Division of Human Resources,
WHEREAS, the Property and Casualty Division became part of the Finance Department
as the Risk Management Division of Finance;
WHEREAS, the Risk Management Division of Finance will be the reviewing agency for
insurance requirements and approval,
WHEREAS, rt is advisable to repeal m its entirety Division 6, Article IV, Chapter 2 of
the Crty Code, providing for the establishment of the Risk Management Department;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Division 6 of Article IV, Chapter 2 of the Code of the Crty of Fort Worth, "Risk
Management", Sections 2-164 through 2-166, is repealed.
SECTION 2.
Chapter 2, Article VIII, Section 2-286 of the Code of the City of Fort Worth, "Records
Management Policy Committee", subsection (a), providing for a records management policy
committee is amended to read as follows
(a) There is hereby established a records management policy committee. The
committee shall consist of the city attorney, city auditor, director of fiscal
services, director of information systems and services, and a representative from
the nsk management division of finance.
SECTION 3.
Chapter 2, Article IX, Sectaon 2-292 of the Code of the City of Fort Worth, "Personal
Liability Indemnity Plan", subsections (a)(1) and (a)(5), providing for notification to and advice
from nsk management for a claim or lawsuit, are amended to read as follows
(a) (1) Notify the nsk management division of finance within five (5) days after any
wntten notice of claim,
and
(a) (5) Not give any oral or wntten statement concerning a lawsuit or claim, except
upon the advice of the city attorney or a representative from the nsk management
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division of finance or when questioned by a police office at the scene of an
accident;
SECTION 4.
Chapter 12 5, Article I, Section 12.5-139 of the Code of the City of Fort Worth,
"Mimmum Requirements for Use Agreements", subsection (a) is amended to read as follows
(a) An insurance policy or policies naming the city as an additional insured, with
policy types and hmrts determined by a representative from the nsk management
division of finance When factors so warrant, and the nsk management division of
finance believes the City will be properly protected, the nsk management division
of finance may approve self-insurance;
SECTION 5.
Chapter 12 5, Article I, Section 12 5-146 of the Code of the Crty of Fort Worth, "Formal
Request for Subsurface Environmental Sampling" subsection (c)(2), providing for the City's
Environmental Manager to send copies of formal requests for subsurface environmental
sampling to vanous city officials and departments, is amended to read as follows
(c) (2) Risk management division of finance;
SECTION 6.
Chapter 12.5, Article I, Section 12.5-157 of the Code of the City of Fort Worth, "Formal
Request for Momtonng Wells" subsection (c)(2), providing for the City's Environmental
Manager to send copies of formal requests for momtonng wells to vanous city officials and
departments, is amended to read as follows
(c) (2) Risk management division of finance,
SECTION 7.
The first sentence of Chapter 20, Article IV, Section 20-163 of the Code of the City of
Fort Worth, "Permits" subsection (b)(1), requiring vendors of pushcarts to obtain a permit, is
amended to read as follows
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No permit shall be issued to an applicant vending m a downtown area park and/or
adjacent sidewalk, or on a residential sidewalk unless verification of insurance is
confirmed by a representative from the risk management division of finance.
SECTION 8.
The first sentence of Chapter 20, Article IX, Section 20-354 of the Code of the City of
Fort Worth, "Permits" subsection (b)(1), requiring a permit to sell, offer for sale, vend, operate,
maintain or serve any item from a sidewalk cafe, is amended to read as follows
No permit shall be issued to an applicant unless verification of insurance is
confirmed by a representative from the nsk management division of finance.
SECTION 9
The first sentence of Chapter 20, Article X, Section 20-372 of the Code of the City of
Fort Worth, "Program Goal" subsection (b), providing policies for minority and women business
enterprises and disadvantaged business enterprise goals, is amended to read as follows
Individual project goal shall be set by the MBE/WBE office m collaboration with the
contract officer and a representative from the nsk management division of finance (where
appropriate) prior to solicitation.
SECTION 10.
Chapter 34, Article IV, Section 34-147 of the Code of the City of Fort Worth,
"Insurance" subsection (b)(5), requmng insurance for taxicab franchises to operate m the City of
Fort Worth, is amended as follows
(5) Be acceptable to the nsk management division of finance;
SECTION 11
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
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m direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 12.
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 ~unsdiction, 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
mcorporaiion m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 13
All nghts and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the Crty 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 cnmmal, whether pending m court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
s
SECTION 14
This ordinance shall take effect upon adoption.
APP OVED AS TO FORM AND LEGALITY
1 ~~ Fie
Asses t City Attorney
ADOPTED / `~` c~ ~ `L dD E`,~
EFFECTIVE / ~- ~,,2 - BOO ~--
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/22/02 G-13495 12CODE 1 of 1
SUBJECT ORDINANCE AMENDING CHAPTERS 2, 12 5, 20 AND 34 OF THE CITY CODE OF
FORT WORTH (1986), AS AMENDED, TO REFLECT THE ELIMINATION OF THE
RISK MANAGEMENT DEPARTMENT AND THE TRANSFER OF ITS
RESPONSIBILITIES TO THE RISK MANAGEMENT DIVISION OF THE FINANCE
DEPARTMENT, AND OCCUPATIONAL HEALTH AND SAFETY DIVISION OF THE
HUMAN RESOURCES DEPARTMENT
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapters 2, 12.5, 20
and 34 of the City Code of Fort Worth (1986), as amended, to reflect the elimination of the Risk
Management Department, and the transfer of its responsibilities to the Risk Management Division of the
Finance Department, and the Occupational Health and Safety Division of the Human Resources
Department.
DISCUSSION
On September 18, 2001, the City Council adopted the proposed budget for the FY2001-2002 Effective
October 1, 2001, the budget called for the elimination of the Risk Management Department. The
budget called for responsibilities of the Risk Management Department to be divided into the
Occupational Health and Safety Division of the Human Resources Department, and the Risk
Management Division of the Finance Department.
The attached ordinance amends Chapters 2, 12.5, 20 and 34 by referencing the proper division The
ordinance does not make any substantive changes in the duties assigned to either division, but
recognizes the change that went into effect on October 1, 2001 with the adoption of the FY2001-2002
budget.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
CB n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by• (to)
Charles Boswell 8511
Originating Department Head:
David Yett 7606 (from) APPROVED 01/22/02
ORD.# 14934
Additional Information Contact:
Christa Lopez 8984