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HomeMy WebLinkAboutOrdinance 10458ORDINANCE NO . ~ ~~~ AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, PURSUANT TO ARTICLE 46d-14, REVISED CIVIL STATUTES OF TEXA5, APPROVING RESOLUTION NO. 89-226 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS SECTION 4 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT CONSTRUCTION AND FIRE PREVENTION STANDARDS, JUNE, 1988 EDITION [AND THEREBY PROVIDES TWO-YEAR TERMS OF OFFICE FOR MEMBERS OF THE BOARD OF APPEALS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT; PROVIDES FOR EXTENSION OF THE INITIAL TERMS OF OFFICE IN SUCH MANNER AS TO CREATE AN OVERLAP IN TERMS OF OFFICE AMONG ITS MEMBERS; PROVIDES THAT ANY» TERM SCHEDULED TO END ON DECEMBER 31, SHALL BE AUTOMATICALLY EXTENDED UNTIL A SUCCESSOR FOR THAT PLACE IS SELECTED, CONFIRMED AND SWORN IN, PROVIDES THAT THERE IS NO LIMIT ON THE NUMBER OF TERMS AN INDIVIDUAL MAY SERVE ON THE BOARD OF APPEALS]; AND PROVIDING THAT SAID RESOLUTION N0. 89-226 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD SHALL 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; DECLARING AN EMERGENCY IN PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F of the Contract and Agreement 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 (5200) fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F of the Contract and Agreement provides that such orders by said Airport Board shall become effective only upon approval of the governing bodies of the City of Dallas and Fort Worth and publication as therein provided; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board, on the 7th day of November, 1989, passed, approved and ordered Resolution No. 89-226 which amends the Construction and Fire Prevention Standards, June 1988 Edition, and thereby provides two-year terms of office for members of the Board of Appeals of the Dallas-Fort Worth International Airport; provides for extension of the initial terms of office in such manner as to create an overlap in terms of office among its members; provides that any term scheduled to end on December 31, shall be automatically extended until a successor for that place is selected, confirmed and sworn in; and provides that there is no limit on the number of terms an individual may serve on the Board of Appeals; and WHEREAS, the Airport Board has requested that the City Council of the Cities of Dallas and Fort Worth approve its said Resolution No. 89-226 in order that it may become effective as aforesaid; and WHEREAS, the subject matter of this Ordinance and of said Resolution No. 89-226 is of imperative public need and necessity for the protection of the health, safety and morals of the inhabitants, users and visitors of the Dallas-Fort Worth International Airport, and is deemed necessary by the Fort Worth City Council for the operation, regulation, protection and policing, and the management, government and use thereof, and this ordinance is an emergency measure and shall be effective upon its adoption; 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. f SECTION 2. That Resolution No 89-226 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 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll the ordinance by copying the caption in the minutes of the City Council meeting and by filing the ordinance in the ordinance records of the City. 1 SECTION 4. That this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordered. APPROVED AS TO FORM AND LEGALITY: T....~ ~~ City Attorney A Date: ~~ '"~'~ ~~ ADOPTED . ~ i EFFECTIVE' 1~ ! ~ V EXHIBIT A STATE OF TEXAS COUNTY OF DALLAS COUNTY OF TARRANT I, Frances Moore, Executive Secretary to the Dallas-Fort Worth International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution No. 89-226, an amendment to the Dallas-Fort Worth International Airport Construction and Fire Prevention Standards Resolution. Passed and adopted November 7, 1989 WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this 17, day of November, 1989 f -~'~=. ;'"~ ~~,~ . ',` ~:. s ~~ ~~ - * -~ ~- (AIRPORT .SEAL) ~~ .~ ~~~ F~n~ '"1`fi~ Date: November 17, 1989 ~~~~ Executive Secretary Dallas-Fort Worth International Airport Board RESOLUTION NO. 89-226 WHEREAS, on June 7, 1988, the Airport Board approved Resolution 88-147, the Construction and Fire Prevention Standards Resolution of the Dallas-Fort Worth International Airport; and WHEREAS, Resolution 88-147 provides for one-year terms of office for each of the five voting members of the Board of Appeals with no overlap in terms and resulting in a complete change in composition of the Board of Appeals each calendar year; and WHEREAS, any business pending before the Board of Appeals at year end would be subject to new review by a newly composed Board of Appeals the following year; and WHEREAS, two-year, overlapping terms of office for members of the Board of Appeals will ensure that business pending before the Board of Appeals will be uninterrupted; and WHEREAS, the Airport Board desires that there be continuity in the business pending before the Board of Appeals; NOW THEREFORE BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD• SECTION 1. That this action amends Section 4 of Resolution 88-147, the Dallas-Fort Worth International Airport Construction and Fire Prevention Standards Resolution to read as follows: COMPOSITION OF BOA The BOA shall consist of five voting members who shall serve without compensation and shall be selected in the following manner Place 1. An architect -The selection of the architect shall be made alternatively by the Dallas and Fort Worth Chapters of the American Institute of Architects and shall be confirmed by the Airport Board. The initial term will be filled by a selection of the Dallas Chapter and will extend from the Airport Board's confirmation of the selection through December 31, 1990. Thereafter, terms will be for two years extending from January 1 of odd-numbered years through December 31 of even-numbered years. Place 2: An electrical engineer whose practice is or has been the design of electrical systems for buildings -The selection of the electrical engineer shall be made alternatively by the Dallas and Fort Worth Chapters of the Texas Society of Professional Engineers and shall be confirmed by the Airport Board. The initial term will be filled by a selection of the Fort Worth Chapter and will extend from the Airport Board's confirmation of the selection through December 31, 1990. Thereafter, terms will be for two years extending from January 1 of odd-numbered years through December 31 of even-numbered years. Place 3. A mechanical engineer whose practice is or has been the design of mechanical systems for buildings -The selection of the mechanical engineer shall be made alternatively by the Dallas and. Fort Worth Chapters of the Texas Society of Professional Engineers and shall be confirmed by the Airport Board. The initial term will be filled by a selection of the Fort Worth Chapter and will extend from the Airport Board's confirmation of the selection through December 31, 1991. Thereafter, terms will be for two years extending from January 1 of even-numbered years through December 31 of odd-numbered years. •, Place 4. A structural engineer whose practice is or has been the design of structural systems for buildings -The selection of the structural engineer shall be made alternatively by the Dallas and Fort Worth Chapters of the Texas Society of Professional Engineers and shall be confirmed by the Airport Board. The .initial term will be filled by a selection of the Fort Worth Chapter and will extend from the Airport Board's confirmation of the selection through December 3i, 1989. Thereafter, terms will be for two years extending from January 1 of even-numbered years through December 31 of odd-numbered years. Place 5 Afire protection specialist -The selection of the fire protection specialist shall be made by the North Texas Chapter of the Society of Fire Protectian Engineers and shall be confirmed by the Airport Board. The initial term will extend from the Airport Board's confirmation of the selection through December 31, 1991. Thereafter, terms will be for two years extending from January 1 of even-numbered years through December 31 of odd-numbered years. There is no limit on the number of terms an individual may serve on the BOA, however, only in Place 5 may an individual serve in consecutive terms. Any term scheduled to end on December 31, shall be automatically extended until a successor for that place is selected, confirmed, and sworn in. At such time as the initial members of the BOA are sworn in, the Board of Airport Building Code of Appeals shall cease to exist and shall have no further powers or duties. All cases and other matters pending at that time before the Board of Airport Building Code of Appeals shall thereafter be under the jurisdiction of the BOA for purposes of consideration and disposition. Thereafter, whenever any reference to the Board of Airport Building Code of Appeals is made in any reference prior to this resolution, .such reference shall be deemed to refer to the BOA as created herein. SECTION 2. That this Resolution shall take effect immediately from and after its passage. PASSED, ORDERED AND ENTERED this seventh day of November, 1989 -~; --y_ _ Senior Direct -Executive Director Director of Finance PP VED AS TO FORM: Leg 1 nsel to the Board MASTER FILE 1 ~~~~ ®~ 11 ® Y ~ - V' V LLJ' U IL.y u~~ ~'+i~~~ ACCOUNTINO.2 ~~~®~ ~,~A ~ ~®,~ n ~~~~ ~®r)yn~ 7j~ ~ ~/ ~7j ~if17 ~~®~) TRANSPORTATION~PU6LIC WORKSZ~i ~U ~ ((~{L 1/ U ll+// 0 ll~ (L/lV lL ~UL u w NATFcRAOMiN11R$TAI$~1• REFERENCE SUBJECT ADOPTION OF AN ORDINANCE PAGE NUMBER AMENDING ORDINANCE #10165 WHICH DEVrL4PMENly: 12_12-89 **G-8350 ' o>:~ 1 AfI~PTS Ct7NSTRi1CTi0N .AND PREVENTION STANDARDS FOR DALLASI FORT WORTH INTERNATIONAL AIRPORT uw.a /fin ~ RECOMMENDATION: It is recommended that the City Council of the City of Fort Worth adopt an ordinance amending Ordinance #10165, thus changing the Construction and Fire Prevention Board of Appeals tenure and further providing for the selection of Board Members by certain organizations witi~ final approval by the Airport Board. HISTORY. On September 6, 1988, the City Council, of the City of Fort Worth adopted Ordinance #10165. This ordinance set the construction standards for buildings and structures to be built upon the Dallas-Fort Worth International Airport. This ordinance repealed Ordinance #6571 adopted September 26, 1971. The previous ordinance adopted a Board of Appeals with only one-year terms. There was no staggering of terms and as a result of this makeup, a new board had to be appointed each year. The proposed regulation will provide for two-year staggered terms. Paragraph 8.F of the contract agreement between the cities of Fort Worth and Dallas requires that both cities must approve the change before it can be set in place and acted upon. SUMMARY. The adoption of the proposed ordinance will bring the tenure and appointment requirements into line with the manner in which the City of Fort Worth and other cities in the Metroplex appoint board members. WWW w/6 A~pROVED QY CITY CaU~CI~ DEC 12 1989 tA~ Citq Secza.cry of tha City of For Wozth, Te~sr,~3 SUBMITTED FOR IMt DISPOSITION BY COUNCIL. PROCESSED BY CITY MANAGER'S Wi 1 l ~ dm Wood ^ APPROVED OFFICE BY C OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD Lester Pdlge CITY SECRETARY FOR ADDITIONAL INFORMATION Ada to Ordinance Na. CONTACT Paige 7820 _ p DATE