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HomeMy WebLinkAboutOrdinance 10377 x ORDINANCE N0. /~~ AN ORDINANCE AMENDING SECTION 3-121, RUNNING UP AIRCRAFT ENGINES, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1 986) , AS AMENDED, BY PROVIDING THAT RESTRICTIONS CONCERNING RUNNING UP AIRCRAFT ENGINES SHALL BE APPLICABLE AT FORT WORTH MEACHAM AIRPORT AND FORT WORTH SPINKS AIRPORT; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH , TEXAS SECTION 1 . That Section 3-121, running up engines, of the Code of the City of Fort Worth, Texas (1 986) , as amended , is hereby amended to read as follows: "Sec. 3-121. Running up engines at certain locations. (a) No person shall run up any aircraft engine at Fort Worth Meacham Airport or Fort Worth Spinks Airport except in a place designated for such purpose by the director of aviation or his designated assistant, and no maintenance run-up shall be conducted between the hours of 12:00 midnight and 6:00 a.m. ,~ (b) At no time shall any person run up any air- craft engine in such a position that hangars, shops or other buildings or any person shall be in the path of the propeller or jet blast." SECTION 2 This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986) , as amended, except where the provisions of this ordinance are in .-. r yL, 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECT ION 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, para- graphs 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, sen- tence, paragraph or section. SECT ION 4 . 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 shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 2 f .t r V . ~* .. SECT ION 5. A11 rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- sions of Section 3-121 which have accrued at the time of the effective date of this ordinance; and, as to such accrued viola- tions and all pending litigation, both civil and criminal, whether pending in court or not, under such section, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECT ION 6 . The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. 3 _.~~ ~,T. nT ~ "~l ^ _ a 1~ SECT ION 8 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained . APPROVED AS TO FORM AND LEGALITY: l.~ ....at.n City Attorney Date: ~~ Z-~ "~ ~ ADOPTED: p~ EFFECTIVE: 4 YASfE,N F'iL£ i ~ AccnuarlNe-s T.9AN$POR7ATION~1-1J6, `-11~LL J/ ® U 't~1V 0 ({/~ ~®UJIV U hill/ Ili ~®~~ ([/lV~~ll./~t.W ~ (L®~ N~rER AOMIN131RAT1dN t el~ CHIEF Jtl MUNiC1P~ PROSECI iA11CE uw.x cEN9TE REFERENCE suB~ECr ADOPTION OF ORDINANCE AP1ENDING PAGE +-~~8'y"~'1 NUMBER G-8192 SECTION 3-121 RUNNING UP AIRCRAFT 1 ' °f ENGINES OF THE FORT WORTH CITY CODE TiaG ATSORNEY•1 IMISfiRAt10M. ~ RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 3-121, Running Up Aircraft Engines, of the Fort Worth City Code. BACKGROUND On August 8~', 1989, the City Council took several actions concerning development of a proposed American Airlines maintenance base adjacent to Alliance Airport. One Council action was the approval of M&C C-11803, which authorized the City h1anager to sign a master agreement for the maintenance base. Section 6.01(b) of the master agreement states "To further render the Airport and project suitable for American's intended purposes, the City agrees prior to September 1, 1989, to amend Section 3-121 of the City Code so as to exempt the airport and the surrounding area (including the land and the Option Land) from the provisions thereof such that maintenance run-ups of aircraft engines may be carried out on the Land and/or the Option Land on a 24-hour per day basis." The attached ordinance would amend Section 3-121 of the City Code so as to comply with the above master agreement provision. City Council has previously adopted an airport zoning ordinance for Alliance Airport. This ordinance is designed to provide adequate noise control regulations for Alliance Airport and will remain in effect. WA i Attachment APPROVED BY ci~r cou~c~~. AUG 29 i98~3 4~~~,~ Cite Secretazp o:E the Citp of Fort Worth, Texas SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Davi d Ivor DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Wade Adkins CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Adkins 7606 Ado tP.d Ordi ante No. ~~~ DATE