COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 100177
Creating a new department to be
known as the Capital Projects Department by amending Chapter 2, Administration,
Code of Ordinances, by enacting new sections to be in Article V, Departments,
to be known as Division 23, Section 2-715, Establishment, Section 2-716, Appointment
and Designation of Director, and Section 2-717, Powers and Duties of Director
and withdrawing the City Manager’s authority to transfer the duties or
activities of the Human Relations Department between departments by amending
Chapter 2, Administration, Code of Ordinances, by repealing Section 2-141,
Reorganization of departmental duties and enacting in lieu thereof a new
section of like number and subject matter.
WHEREAS, Section 415 of the Charter anticipates the
occasional need for the Council to reconsider the administration and delivery
of City services by restructuring the departmental organization of City
government by establishing additional departments under the administrative
control of the City Manager; and
WHEREAS, the Council finds that the current fragmentation and
duplication of similar capital construction project functions among the
Departments of Water Services, Aviation, Parks and Recreation, and General
Services is not in the best interests of the City; and
WHEREAS,
the Council finds that consolidating the administration, coordination,
planning, estimating, management, and oversight of all design and construction
functions for the delivery of capital construction projects into a single
department will improve the efficiency and effectiveness of the City’s delivery
of capital construction projects; and
WHEREAS,
the Council acknowledges that Section 402(a) of the City Charter empowers the
Council to delegate to the City Manager the authority to transfer obligations of
certain departments between departments to provide for greater efficiency and
effectiveness of the City’s workforce; and
WHEREAS,
the Council acknowledges that it has previously delegated this authority to the
City Manager by the enactment of Ordinance No. 040315, which created and
codified Section 2-141 entitled “Reorganization of departmental duties”; and
WHEREAS,
the Council finds that it is not in the best interests of the City for the City
Manager to transfer the duties and activities of the Human Relations Department
to other City departments or to the City Manager’s Office; NOW, THEREFORE,
BE IT
ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1.
That Chapter 2, Administration, Code of Ordinances, is hereby amended by
enacting a new sections in Article V, Departments, to be codified within a new
division of Article V to be known as Division 23, Capital Projects Department;
those new sections being Section 2-721, Establishment, Section 2-722,
Appointment and Designation of Director and Section 2-723, Powers and Duties of
Director.
Division 23.
Capital Projects Department.
Sec. 2-715.
Establishment.
Pursuant to the
provisions of Section 415 of the Charter, there is hereby established a
department to be known as the Capital Projects Department.
Sec. 2-716. Appointment and
Designation of Director.
The officer in charge of the
Capital Projects Department shall be known as the Director of Capital Projects
Department and shall be appointed by, and be responsible to, the City Manager.
Sec. 2-717. Powers and Duties
of Director.
(a) The
director of the Capital Projects Department shall have such duties, powers and
authorities as are prescribed in this division, or as may hereafter be
prescribed by the City Manager in accordance with section 2-141, Code of Ordinances.
(b) Generally,
when not otherwise assigned specifically to another department by
administrative regulation issued by the City Manager, the Director of the Capital
Projects Department shall be responsible for all of the following:
(1) management of the design and construction of capital projects, public improvements, and
infrastructure, with the exception of:
(i)
maintenance projects;
(ii)
capital projects with a total
individual budget of less than $250,000.00;
(iii)
aggregate of smaller (less than
$250,000.00 each) associated capital projects with a total budget of less than
$1,000,000.00 for the aggregate;
(iv)
design and capital construction related
to airport in-field projects; and
(v)
design and capital construction related
to an Overflow Control Plan incorporated into either a consent decree or order
issued by a U.S. District Court;
(2) management of the Capital
Improvements Program (CIP);
(3) expansion, renovation,
remodeling, or replacement of city buildings, structures, and facilities,
including but not limited to bridges, roadways, pipelines, waterworks, storm
water, and sewerage;
(4) demolition work in preparation for the design
and construction of city buildings and facilities;
(5) procurement of all construction-related
professional, specialized, or technical services, including but not limited to
land surveying, geotechnical services, public art, and LEED commissioning;
(6) selection of design professionals,
negotiation, and management of all design contracts;
(7) preparation, estimating, bidding, and
management of all construction contracts;
(8) acquisition of easements and right-of-way
necessary for all projects managed by the department including coordination
with any utilities;
(9) development, implementation and delivery of
performance measurements and reports to owning departments, the City Manager,
the Council and the Mayor;
(10) overall scheduling and coordination of all capital
improvements and maintenance projects to map project locations and develop a
city-wide calendar of construction projects; and
(11) coordination of all projects to minimize negative
environmental impact, encourage conservation of resources and promote the use
of renewable resources.
(c) With
the approval of the City Manager, the Director may permit any or all
departments to be responsible for the performance of any or all of the
functions specified in subsection (b)(1)--(11) when it is in the best interest
of the city. In such a case the designated department will have to utilize and
conform to the same project management and reporting methods and standards used
by the Capital Projects Department.
(d) The
director shall have the authority to appoint such assistants and other
employees as may be necessary to perform the functions of the department.
(e) The
director shall have the power to prescribe and enforce rules and regulations,
not inconsistent with the charter or the code of ordinances, for the conduct of
the employees of the department.
Section 2. That
Chapter 2, Administration, Code of Ordinances, is hereby amended by repealing
Section 2-141, Reorganization of departmental duties and enacting in lieu
thereof a new section of like number and subject matter, to read as follows:
Sec. 2-141. Reorganization of departmental duties.
(a)
Findings.
(1)
The city is called upon to perform a multitude of functions.
(2) The organizational structures appropriate
to the most efficient and effective delivery of services can quickly change
depending upon forces and pressures outside the complete control of the
city.
(3) From time to time the council has established
new departments to meet important needs of the time.
(4) For the city manager to possess the necessary
discretion to organize city government to best meet the current needs of the
city's residents, the ability to shift certain responsibilities between
departments from time to time, either on a temporary or permanent basis, is
necessary.
(5) When established by ordinance, the functions
of departments are intended to constitute the initial assignment of
duties, but are not intended to preclude later transfer of duties.
(b) Purpose.
The purpose of this section is to permit the city manager to modify the
assignment of duties among departments, except when the city charter mandates
a specific responsibility be held by a certain department, or its successor.
(c) Authority
of the city manager.
(1) Transfer of duties. The city
manager is authorized to transfer duties or activities among departments within
his management control, subject to the limitations below.
(2) Purpose of transfers. Such
transfers may be made when the city manager finds reassignment of duties
or activities should improve the efficiency or effectiveness of the service or
activity.
(3) Limitation--Express prohibition.
Establishment of duties for specific departments by the council shall not
preclude reassignment by the city manager unless those duties or activities are
assigned to the Human Relations Department by ordinance, resolution or contract
or expressly prohibited in the ordinance mandating an activity be performed by
a specific department.
(4) Limitation--City Charter. The
city manager may not transfer the duties and activities of departments
made by the people through the City Charter.
(d) Council
notification. Before effecting a transfer of duties and activities of
departments, the city manager will inform the city
council by reporting to a standing committee of the
council designated by the mayor for that purpose.
_____________________________________________
Approved
as to form and legality:
___________________________________
Galen
P. Beaufort
City
Attorney