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HomeMy WebLinkAboutOrdinance 12838n~ ORDINANCE NO. O ~~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 16, "HEALTH AND SANITATION," BY THE AMENDMENT OF ARTICLE II, "DEPARTMENT OF PUBLIC HEALTH," SECTION 16-32, "DIRECTOR., QUALIFICATIONS; DUTIES GENERALLY," PROVIDING FOR THE APPOINTMENT AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND THE HEALTH AUTHORITY, AND RENAMING SUCH SECTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the amendment of Chapter 16, "Health," by the Amendment of Article Il, "Department of Public Health," Section 16-32, and by renaming such section so that hereafter said section shall read as follows "Section 16-32. Appointment and Duties of Director and Local Health Authority. (a) The City Manager shall appoint a person to serve as Director of the Department of Health The director shall be the department's chief administrative officer The director shall not be required to be a physician. (b) If the director is a physician registered and licensed to practice medicine in the State of Texas, the director shall also serve as the local health authority (c) If the director is not a physician registered and licensed to practice medicine in the State of Texas, the director shall appoint a physician with those qualifications to serve as the local health authority The appointment of the local health authority is subject to the approval of the City Council and the State Board of Health ~~ (d) The director is authorized to enforce and administer the provisions of this chapter, all state public health Paws, and all regulations promulgated by the State Board of Health " 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are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 uncanstitutional 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 ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and alf violations of the provisions of the ordinances amended in Section 1, 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 criminal, whether pending in ~i court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 5 This. ordinance shall be in full force and effect after its- passage APPROVED AS TO FORM AND LEGALITY: ISTANT CITY ATTORNEY DATE. ADOPTED: I' .~ ~~ ~~ EFFECTIVE: f o~d ~ ~~ City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 01 /28/97 G-11738 02DOCTOR 1 of 1 SUBJECT ADOPTION OF ORDINANCE AMENDING SECTION 16-32 "APPOINTMENT AND DUTIES OF DIRECTOR OF LOCAL HEALTH AUTHORITY," OF THE HEALTH CODE RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 16-32 "Appointment and Duties of Director and Local Health Authority" of the Health Code to no longer require the Director of the Department of Health to be a physician DISCUSSION The City has held the position of Health Director vacant since August 1996 Over the past several months, a blue ribbon panel on health has made several recommendations regarding the future direction of the Health Department It is the recommendation of the blue ribbon panel that the Health Code be amended to eliminate the provision that requires that the Director of the Department of Health be a physician This will expand the pool of possible applicants and ensure that the most qualified candidate is recruited and selected for this position FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Service certifies that this action will have no material effect on City funds BT m Submitted For City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 APPROVED Originating Department Head: {~ CITY COUNCIL Libby Watson 6183 (from) JA~} 28 1997 For Additional Information ~~ ,, fit/ Contact: ~~! ~o~S' of ~ City of fort R/orth,'lOftN Libby Watson 6183 Printed on Recycled Paper Adopted Ordinanr.~ N~ /.-~(/I