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HomeMy WebLinkAboutOrdinance 10889- ~a ~. ORDINANCE NO. ®~~ AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, PURSUANT TO ARTICLE 46D-14, REVISED CIVIL STATUTES OF TEXAS, APPROVING RESOLUTION NO 91-070 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS SECTION 5, "EX-OFFICIO MEMBERS" OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT CONSTRUCTION AND FIRE PREVENTION STANDARDS, JUNE 1988 EDITION, ORIGINALLY ADOPTED AS AIRPORT BOARD RESOLUTION NO 88-147, (THEREBY UNDER SECTION 5 DESIGNATING THE EXECUTIVE DIRECTOR OF THE DALLAS- FORT WORTH INTERNATIONAL AIRPORT BOARD OR HIS DESIGNEE AS THE BUILDING OFFICIAL AND DESIGNATING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD OR HIS DESIGNEE AS THE FIRE CHIEF, AND DELETING SECTION 9105 OF THE FIRE CODE, AN EXHIBIT TO RESOLUTION NO 88-147, PROVIDING FOR A FINE OF NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR ANY VIOLATION THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, PROVIDING FOR ENROLLMENT AND ENGROSSMENT BY THE CITY SECRETARY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F of the Contract and Agreement, as amended, between the City of Dallas, Texas, and the City of Fort Worth, Texas, provides that the Dallas-Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe reasonable penalties for the breach of any rule or regulation not exceeding Two Hundred Dollars ($200.00) fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F of the Contract and Agreement, as amended, provides that such orders by the Dallas-Fort Worth International Airport Board shall become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth and publication as therein provided, and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board on April 2, 1991, passed, approved, and ordered Resolution No. 91-070, amending Section 5, "Ex- Officio Members" of the Dallas-Fort Worth International Airport Board Construction and Fire Prevention Standards, June 1988 Edition, (Airport Board Resolution No. 88-147) to designate the Executive Director of the Dallas-Fort Worth International Airport Board or his designee as the Building Official and to designate the Director of the Department of Public Safety of the Dallas- Fort Worth International Airport Board or his designee as the Fire Chief, and to delete Section 9105 of the Fire Code, an exhibit to Resolution No, 88-147, and c .. WHEREAS, the Airport Board has requested that the Councils of the Cities of Dallas and Fort Worth approve its said Resolution No. 91-070 in order that it may become effective as aforesaid, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. SECTION 1. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 2 That Resolution No. 91-070 of the Dallas-Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit "A" and is made a part of this ordinance by reference, is hereby approved. SECTION 3. That after publication of a substantive statement relating to the contents of Resolution No. 91-070 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 91-070 will subject the violator to a penalty, and stating that the full text of Resolution No. 91-070 and any attachments to it are on file in the principal office of the Airport Board to be read by any interested party, Resolution No. 91-070 shall thereafter have the same force and effect within the boundaries of the Dallas-Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECTION 4. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and Resolution No. 91-070 are severable, and if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution No. 91-070, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. f SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance or Resolution No. 91-070 shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board 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 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 7 That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 8 That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of said City SECTION 9 That this ordinance shall take effect immediately from and after it passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. AS TO FORM AND LEGALITY ~~ Date: ~T~' ADOPTED• 2 9 ~ EFFECTIVE. ~= STATE OF TEXAS COUNTY OF DALLAS COUNTY OF TARRANT EXHIBIT A I, Marylane Sneed, Administrative Secretary to the Dallas/Fort Worth International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution No. 91-070, an amendment to the Dallas/Fort Worth International Airport Construction and Fire Prevention Standards Resolution. Passed and adopted April 2, 1991. WITNESS MY HAND AND SEAL OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD, this 31st day of May, 1991. ='~.. ., * ~; ~' ? ,- -~ : ~~ j~~ `^.,` ~ ~', ~, ,'~'.~- ~~ ~ _ ~„~ r r' ~~ Admini t-iv Secretary Dallas/Fort orth International Airport Board MASTER FILE i ACCOUNTING 2 City of Fort worth, Texas Tµ .aT"ER ADMINIO,¢T AT 4f! .i y~ ~i~ '~~il'~~ ~'~~"~~~~~~~~ JLA\J N ~LQ~ DATE 08/06/91 REFEREN E NUMBER **G-9248 L NANE 12ADOPT PA 1 of 1 SUBJECT ADOPTION OF AN ORDINANCE AMENDING ORDINANCE 10165 DESIGNATING THE BUILDING OFFICIAL AND DESIGNATING THE FIRE CHIEF FOR D/FW INTERNATIONAL AIRPORT RECOMMENDATION: It is recommended that the City Council of the City of Fort Worth adopt an ordinance amending Ordinance No. 10165, thus changing the designated Building Official and the designated Fire Chief for the Dallas/Fort Worth Internationa] Airport Board. DISCUSSION: On September 6, 1988, the City Council of the City of Fort Worth adopted Ordinance No. 10165. This ordinance set the construction standards for buildings and structures to be built upon Dallas/Fort Worth International Airport. The proposed ordinance will designate the Executive Director of the Dallas/Fort Worth International Airport Board or his designee as the Building Official, and will designate the Director of the Department of Public Safety of the Dallas/Fort Worth International Airport Board or his designee as the Fire Chief. Paragraph 8.F of the contract agreement between the cities of Fort Worth and Dallas requires that both cities must approve the changes before they can become effective. WA:t Su itte or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to cf~Y cou~c~ Mike Groomer 6140 d Ordmaclce lVo t Originating Department Hea . op e BUG ~ 1991 Wade Adkins 7623 rom For Additional Information ~~ncr~dL ~. Contact ._.e. Wade Adkins 7623 Cite Secse:az-p~ of tha +~ Printed on recycled paper