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ORDINANCE NO. l °~~V
AN ORDINANCE AMENDING SECTION 2-9 OF THE CODE OF THE' CITY
OF FORT WORTH, TEXAS (1986), AS AMENDED, TO CLARIFY THE
AUTHORITY OF THE CITY MANAGER AND ASSISTANT CITY MANAGERS
TO EXECUTE CONTRACTS AND TO AUTHORIZE THE CITY MANAGER
AND ASSISTANT CITY MANAGERS TO EXECUTE CERTAIN CONTRACTS,
LEASES AND OTHER LEGAL INSTRUMENTS WITHOUT THE NECESSITY
OF CITY COUNCIL APPROVAL; PROVIDING THAT THIS ORDINANCE
IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 2-9, "Contract Execution; Change Orders" of the
Code of the City of Fort Worth (1986}, as amended, is hereby
amended to read as follows:
"Section 2-9. Contract execution; change orders.
(a) Except as otherwise provided herein, all contracts
to which the City is a party shall be approved by the City Council
prior to execution by the City Manager. As used in this section,
the term "City Manager" shall also include "Assistant City
Manager."
(b) Any contract involving an expenditure of five
thousand dollars ($5,000.00) or less of City funds may be executed
by the City Manager without City Council approval, provided that
sufficient funds have previously been appropriated by the City
Council.
(c ) 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
five thousand dollars ($5,000.00) may be executed by the City
Manager without City Council approval.
(d) Any contract that is submitted to competitive bids
and is proposed to be awarded to a bidder other than the lowest
bidder shall be approved by the City Council before execution by
the City Manager.
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(e) Where any individual change order to a public works
contract involves an increase or decrease in cost of fifteen
thousand dollars ($15,000.00) or less, the change order may be
approved and executed by the City Manager upon the written
recommendation of the director of the department responsible for
such work and without the necessity of City Council approval;
provided, however, that sufficient funds have previously been
appropriated for payment of such added cost."
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
unconstitutional 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.
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SECTION 4.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
~2ctGGF'
~~' City Attorney
Date : ~-- 8 - ~3
ADOPTED: /
EFFECTIVE:
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ACCOUNTING 2
TRANSPORTATION~PUSLIC .WORKS.. City o, f Fort ~ortl~, Texas
NerER AOMIN187RA' f~ ~,. ar~d Council C'~~rn~nunicc~ti~~n
ENGINEERIN
PARK
I.AYJ• 1
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07-06-93 REFERENCE NUMBER
G-10231 L06 NAME
12CODE PA E
1 of 1
BJECT ADOPTION OF ORDINANCE AMENDING SECTION 2-9 OF THE FORT WORTH CITY CODE
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance amending Section
2-9 of the Fort Worth City Code.
DISCUSSION:
Current City Code Section 2-9 (a) requires that all contracts involving the purchase
sale or lease of real property be approved by the City Council. This provision has
been interpreted to require City Council approval of property use agreements for events
in public parks. When this requirement is coupled with the requirement that the
agreement be reviewed and approved by the Park and Recreation Advisory Board as well,
often creates a burden some situations for customer seeking to use city parks for short
term public events.
The proposed new Park and Recreation Department policy on reservations, special events
and festival equipment proposes an amendment to Section 2-9 to allow the leasing or
licensing of city property, including park property, to be hand led administratively
without the need for City Council approval so long as the proposed lease or license
agreement is for (1) a period not to exceed thirty {30) days, and (2) not involving an
amount of more than $5,000.00.
The proposed amended ordinance would apply to other city property as well as park
property.
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Submitte for City Manager's FUND ACCOUNT CENTER ANOUNT CITY SECRETARY
Office by: to
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Charles Boswell s5oo D
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Or~ginat ng Departpient Hea ~
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CI
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Wade Adkins 7623 rom ~ U L 6 1Q93
For A ditional Information G ~1,s,..,r~~/
Contact: City ~~iwa tnf ~ x>,~
Wade Adkins 7623 '
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