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HomeMy WebLinkAboutOrdinance 10113ORDINANCE No . ~~i'~~ AN ORDINANCE AMENDING CHAPTER 3, "AIRPORTS AND AVIATION" OF THE CODE OF THE CITY OF FORT WOR'T'H, (1986), AS AMENDED, BY AllDING ARTICLE VII ENTITLED ACCESS TO AIRPORT FACILITIES AT FORT WORTH ALLIANCE AIRPORT, PROVIDING FOR RIGHT OF ACCESS TU THE FORT WORTH ALLIANCE AIRPORT FROM AREAS LOCATED OUTSTDE THE AIRPORT BOUNDARIES, :PROVIDING FOR A PERMIT FOR ACCESS TO AND USE OF AIRPORT FACILITIES; PROVIDING FOR AN ACCESS FEE; MAKING THIS ORDINANCE CUMMU- LATIVE OF OTHER ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICA'PION; AND PROVIDING AN EFFECTIVE llATE. WHEREAS, the City of Fort Worth intends to construct a public airport, now known as Fort Worth Alliance Airport, on certain land in the city limits of Fort Worth to be dedicated to the City of Fort Worth and intends to apply to the Federal Aviation Administration for a grant of funds for certain of the airport construction costs; WHEREAS, the City of Fort Worth desires (a) that Fort Worth Alliance Airport be used not only as a general aviation reliever airport but also to serve the aviation needs of businesses that require aviation support; (b) that businesses needing aviation support locate in the area of Fort Worth Alliance Airport; (c) that Fort Worth Alliance Airport be operated in a high quality .manner in order to reflect the image of the businesses that will locate at the airport; (d) to make flexibility of use of Fort Worth Alliance Airport a primary attraction for potential new businesses to the area; (e) to provide for funds to be used first to maintain the high quality of Fort Worth Alliance Airport with any excess available for use by other airports operated by the City; and (f) to allow air- craft operations directly between the taxiways and runways on Fort ~nlorth E Alliance Airport and off-airport tracts so that off-airport users will be able to house and conduct their aviation-related uses bn their own property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That Chapter 3, "Airports and Aircraft," of the Code of the City of Fort Worth be amended by adding Article VII thereto, to read as follows: "ARTICLE VII. FORT WORTH ALLIANCE AIRPORT ACCESS. SEC. 3-2~i0. SHORT TITLE This Article shall be known and may be cited as the "Fort Worth Alliance Airport Access Ordinance." SEC. 3-2131. DEFINITIONS The following terms as used in this Article shall have the following meanings: ACCESS AREA means that portion of an Off-Airport Parcel that is designated by the Off-Airport User of that parcel as the only area of such parcel in which aircraft may be maneuvered, stored, repaired, operated or other- wise permitted, except for aircraft in the process of ` original manufacture, which will be permitted on any part of such parcel until the original manufacturing process for such aircraft has been completed. The Access Area shall not include any part of an Access Taxiway. ACCESS TAXIWAY means an aircraft taxiway located on property other than the Airport that connects into a taxiway on the Airport and that is constructed for the purpose of allowing aircraft to taxi between the Airport and Off-Airport Parcels. AFFILIATE means a person or entity owning a majority interest in or majority owned by an owner or user of an -2- Off-Airport Parcel or a family member of an owner or user of an Off-Airport Parcel. AIRPORT means the area of land known as the Fort Worth Alliance Airport which is now or hereafter desig- nated and set aside for the landing and taking off of aircraft and for accessory uses thereto and used or to 'pe used in the interest of the public for such purpose. CITY means the City of Fort Worth, Texas. FAA means the Federal Aviation Administration. OFF-AIRPORT PARCEL means any tract of land not located on the Airport that abuts or will abut an Access Taxiway as such may exist from time to time. OFF-AIRPORT USER means an owner or user (or its Affiliate) of an Off-Airport Parcel who desires to oper- ate aircraft directly between its Off-Airport Parcel and the Airport. Other terms used in the Article are defined else- where herein. SEC. 3-28L. ACCESS RIGHT (a) Access to the Airport is granted to Off-Airport Users, subject to the terms and conditions of this Article and of the Access Permit granted to each Off- Airport User, as provided in Sec. 3-284 of this Article, (the "Access Right"). The access granted shall be for the purpose of allowing the Off-Airport User to conduct aviation related activities and aircraft operations on the Access Area of its Off-Airport Parcel, so that it will have unobstructed access to Airport taxiways, leading to runways, for the purpose of maneuvering, taking off, and landing of aircraft. The Access Right granted is irrevocable and shall be in force and effect so long as the Airport is used for airport purposes. (b) The City shall execute a written grant, in the form of the attached Exhibit "A", granting and establish- ing this Access Right as a property right appurtenant to Off-Airport Parcels (the "Access Grant"). The City Manager is authorized and directed to execute and record in the Deed Records of Tarrant and Denton Counties, Texas, an Access Grant covering Off-Airport Parcels, when requested to do so by the owner or user of the parcel. -3- SEC. 3-283. OFF-AIRPORT PARCEL USES; ACCESS AREA; ACCESS TAXIWAYS; PROHIBITED USES. (a) Each Off-Airport Parcel may contain an Access Area, as defined in Sec. 3-281 of this Article. The Access Area shall be separated from the remainder of the Off-Airport Parcel by a wall, fence or other physical barrier. The City or any other regulatory authority responsible for operation and safety of the Airport shall have the right to enter the Access Area, to inspect or perform other regulatory requirements. All safety and operational rules and regulations (hereinafter "Regulations" ) applicable to the Airport shall be appli- cable to Access Areas. ~o rules or regulations of the City shall affect the Access Right, other than this Article and the Regulations. (b) An Off-Airport User may construct Access Taxi- ways to connect its parcel with Airport taxiways. The number, exact location and configuration of the Access Taxiways will be determined from time to time by the Off-Airport Users, subject to the approval of the City and the FAA; provided, however, the Off-Airport Users shall be afforded maximum flexibility as to the number, location and configuration of the Access Taxiways subject only to limitations imposed by reason of operational safety and efficiency considerations as determined by the City and the FAA. Access Taxiways will be available for use by Off-Airport Users on Off-Airport Parcels abutting any portion of such taxiways, it being the intent of the City to maximize the number of Off-Airport Users that can take advantage of the Access Right. Plans and specifica- tions for Taxiways shall be approved by City prior to construction, and taxiways shall be designed and con- structed to meet the same standards of taxiway construc- tion as those for Airport taxiways. Uff-Airport Users shall plat Access Taxiways, according to state statutes and City procedures for platting; provided, however, that simultaneous platting of the property adjacent to such taxiways shall not be required. (c) After completion of construction, inspection and approval by City, the Access Taxiways shall be dedicated to the City and shall be maintained by City. The City shall maintain the Access Taxiways and related lighting in accordance with commercial aviation standards for maintenance of public taxiways, following the same pro- cedure that is applicable to the maintenance of public streets. The cost of such maintenance will be part of the -4- regular operating costs of the City and be paid from general City funds and not from funds dedicated to the Airport. (d) Fixed-based operators ("FBO'S") will be operated only on the Airport. No business offering to the general public FBO services will operate on an Off-Airport Parcel. Services offered by FBO's to the general public are: maintenance and repair of aircraft; aircraft stor- age; inspection and licensing of aircraft; sale of mis- cellaneous aircraft parts, equipment and accessories; flight training for small general aviation aircraft; and sale of fuel. Notwithstanding the above, an Off-Airport User is not precluded from conducting aviation uses on an Off-Airport Parcel which (1) support the Off-Airport User's own aircraft (i.e. storage, corporate flight department, maintenance and self-fueling), or (2) are associated with an Off-Airport User's aviation related business of manufacturing of or performing major repairs and modifications on aircraft or aircraft parts and components. Except as specifically referenced above, an Off-Airport Parcel may be used for any lawful purpose, subject to applicable zoning regulations. SEC. 3-2$4. ACCESS PERMIT (a) Application; granting of permit Any Off-Airport User who desires access to the Airport from an Off-Airport Parcel shall apply to the City's Aviation Director for an Access Permit. The Off- Airport User shall deliver to the Aviation Director a survey plat of the Access Area, including a computation of the size of the Access Area in square footage, on that user's Off-Airport Parcel. The Aviation Director promptly shall inspect such Access Area. (b) Conditions for granting; access permit granted If the survey plat and Access Area comply with terms and conditions of this Article and the Regulations, the Aviation Director shall issue an Access Permit. The granting of the Access Permit shall entitle the holder to commence using the Access Right granted in Sec. 3-282. The permit shall continue for an indefinite period, unless surrendered by the holder or revoked by the Aviation Director. -5- (c) Contents of permit; amendment of permit The Access Permit shall specify the size of the Access Area and the initial Fee to be charged pursuant to Sec. 3-285 of this division. An Off-Airport User shall have the right to change the Access Area on its Off- Airport Parcel from time to time provided that such user notifies the Aviation Director of such change, and provides a new survey of the revised Access Area, and applies for an Access Permit for such revised Access Area, which permit shall be issued if such revised Access Area complies with the provisions of this Article and the Regulations. The Fee shall be adjusted appropriately due to any change in any Access Area. (d) Revocation; reinstatement The Aviation Director may revoke the Access Permit of any Off-Airport User who either (1) fails to pay its applicable Fee or otherwise to comply with any provision of this Article or the Regulations, with such failure not being corrected within 20 days after written notice thereof is given by the Aviation Director to such user, or (2) fails to pay prior to delinquency, the lawfully assessed and levied City ad valorem taxes on its Off-Airport Parcel. Any Access Permit that has been revoked shall be reinstated upon payment of such Fee, the correction of any such non-compliance or the payment of such taxes plus all penalties and interest, as applicable. (e) Prohibition against unpermitted access; penalty It shall be unlawful for any person to utilize an Access Right unless such person holds a valid Access Permit. Violation of this provision shall constitute a misdemeanor and be punishable as provided in Section 1-6 of this Code. SEC. 3-285. ACCESS PERMIT FEE; TIME FOR PAYMENT; AMOUNT OF FEE; ABATEMENT OF FEE; USE OF FEES BY CITY. (a) At the time of issuance of an Access Permit pur- suant to Sec. 3-284, Off-Airport Users shall be charged a permit Fee (the "Fee"). No other Fee shall be charged for use of the Access Right. (b) The Fee shall be payable beginning on the effec- tive date of such user's Access Permit and thereafter for -6- so long as such Access Permit remains effective. The Fee shall be charged on a calendar year basis and shall be prorated for any partial year during which such user's Access Permit is effective. The Fee due by such user shall be billed by the City by no later than November 1 of the year for which such Fee is due, and shall be due and payable by no later than December 1 of that year . (c} (i) The annual Fee in any year during which such user's Access Permit is effective shall be the greater of either (1) an amount equal to the product of multiplying the total square footage of that Off-Airport User's Access Area by the per square foot access rate in effect for that year (the "Access Rate"), or (2) the Minimum Fee (as hereinafter defined) in effect for that year. (ii) The Access Rate effective until the end of the first full calendar year following the opening of the Airport shall be $.165 per square foot. The minimum annual Fee effective until the end of the first full calendar year following the opening of the Airport shall be $24,750 (the "Minimum Fee"). (iii) Thereafter, the Access Rate shall be adjusted each year by a percentage amount not to exceed the percentage change in the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area-All Items as an- nounced by the U:S. Department of Labor (the "CPI") from one year to the next. The Minimum Fee shall be adjusted each year thereafter by a percentage amount not to exceed the percentage change in the CPI from one year to the next . (d) Notwithstanding the above, the Fee will not be charged in any year in which the City ad valorem taxes assessed against the land and improvements on such user's entire Off-Airport Parcel (on which its Access Area is located) is greater than twice the amount of the Minimum Fee in effect for that year. (e) In any year in which the Fee is not charged as provided above, the City shall transfer from the City's general fund to the City's Airport operating fund an amount equal to the lesser of (1) the Fee that otherwise would have been charged to such user in that year, or (2) 50% of the City ad valorem taxes assessed for that year on the Land and improvements on such user's entire Off- Airport Parcel. -7- (f) In addition to the Fee, an Off-Airport User conducting self-fueling on its Off-Airport Parcel will pay the uniform fuel flowage fee established from time to time for any fueling operations on the Airport. (g) All revenues generated from the Airport, includ- ing, but not limited to, the Fees from Off-Airport Users (including the amounts paid from the City's general fund to the City Airport operating fund as provided above) and the fuel flowage fees, sriall first be used by the City to operate and maintain the Airport as a high quality, first class airport. Any excess funds may be used for opera- tions at other City-owned airports." 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 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 unconstitu- tional, invalid or unenforceable, 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, invalid or unenforceable phrase, clause, sentence, paragraph or section. -8- SECTION 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 Two Hundred Dollars ($20U.U0) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption and Sections 4 and 7 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance twice in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code Sec. 52.013(b). SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. AP ROVED AS TO FORM AL~D LEGALITY: ~ 11 City Attorney Date: 5 ~~ ~ ~ ~ ~' ,3 ADOPTED: EFFECTIVE: ord7 -y- EXHIBIT ";:1" GRANT OF ACCESS RIGHT THE STATE OF TEXAS ~ COUNTY OF § The City of Fort Worth, Texas (the "City") owns land on which it intends to construct a public airport presently known as the Fort Worth Alliance Airport, which land is described in the attached Exhibit "A" (the "Airport"). As part of and a condition to the grant agreement between the City and the Federal Aviation Administration relating to federal funding of certain construction costs for improvements on the Airport, the City agreed to establish and grant to users of properties surrounding the Airport the right to conduct aircraft operations directly between the Airport and such properties for so long as the Airport is used for airport purposes (the "Access Right"). The City has enacted Ordinance No. dated , establishing the Access Right, a copy of which is attached hereto as Exhibit "B" (the "Ordinance"). The provisions of the Ordinance are made a part of this document by reference. For good and valuable consideration, the receipt and suf- ficiency of which is hereby acknowledged, the City irrevocably grants the Access Right for the benefit of and as a property right appurtenant to the tract described in the attached Exhibit "C" (the "Property"). 'Phe City hereby establishes and grants to all present and future owners and users of tracts within the Property the right to conduct aircraft operations directly from parcels within the Property onto the Airport and directly from the Airport onto parcels within the Property in accordance with the provisions of the Ordinance. This Access Right authorizes a user of a parcel within the Property to taxi aircraft to and from such parcel directly over the public taxiways and runway on the Airport upon compliance with the terms of the Ordinance. The Ordinance provides for a facilities use fee to be charged to parties actually exercising the Access Right, on the terms set forth in the Ordinance. The Access Right shall terminate at such time that the Airport no longer is used for airport purposes. The Access Right is governed by the terms of the Ordinance in the form attached hereto as Exhibit "B". Any user of a parcel within the Property who desires to exercise this Access Right shall comply with all the provisions of the Ordinance. The Access Right and the provisions of this document are irrevocable and shall continue to exist and be binding upon the City for so long as the Airport is used for airport purposes notwith- standing any subsequent repeal or modification of the Ordinance. The provisions of the Ordinance and this document are covenants running with the Property. EXECUTED this day of 19 THE CITY OF FORT WORTH, TEXAS By: Title: THE STATE OF TEXAS § COUNTY OF TARRANT ~ This instrument was acknowledged before me on this day of ly by of the City of Fort Worth, Texas, a Texas municipal corporation, on behalf of said corporation. Nly Commission Expires: Notary Public in and for the State of Texas (Notary's printed name M~SYER FIhc3=1;v -^ ACCOUNS'INCI 2 `L-/~~ILJ/ '®~ ~®!I ~ ~®U ~~~ ~~i~'L~~71 -, TRANSF?ORi'AT40Nit~.6~~3L[C V10 :. J~e.~' ®~ ~~~ ~®~~~~~ ~®~~~ n ~7i ~~^// ~~®~ NAYER AGN1ENiS7RATi0~~ -0 (~((J ((! 1(,~ AVIATION+11 DATE REFERENCE SUBJECT ORDINANCE GRANTING ACCESS TO PAGE 5/17/88 NUMBER OFF-AIRPORT PROPERTY OWNERS - FORT ,or-~ G-7583 Recommendation It is recommended that City Council adopt an ordinance which will allow off-airport property owners adjacent to the Fort Worth Alliance Airport access to airport facilities. Discussion The City is developing plans for the construction of the Fort Worth Alliance Airport, which will serve as a general aviation reliever airport, and will accommodate heavy transport aircraft. The airport proper does not contain sufficient land area to accommodate the expected demand for business sites, and one of the major components of the airport development plan is that of allowing direct access to the airport from off-airport property. In this way, it is expected that industries which desire to use the airport facilities will locate on the property adjacent to the airport, from which they will have the direct access. The proposed ordinance provides for the issuance of a permit to those off- airport businesses which desire access to the airport. The permit will continue indefinitely, so long as the permittee pays an access fee, is timely with ad valoram tax payments, and complies with other airport rules and regulations. The ordinances sets out an access permit fee structure and provides for periodic adjustment of the fee. The fee is to be based on the amount of land which a permittee devotes to aviation related activities. The proposal from which the ordinance was prepared has been approved by the Federal Aviation Administration. The Aviation Advisory Board approved the policy during its May 5, 1988, meeting, and recommended adoption of an access ordinance for Fort Worth Alliance Airport. DAI:wg APPROVED BY CITY COUNCIL tARY ~7 186 1~ ~~~. City $ecsetazy of the o£ ~AZt Wozth~ Texa9 SUBMITTED FOR trlt CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY Davi d I O APPROVED ORIGINATING C OTHER (DESCRIBE) t,, DEPARTMENT HEAD• I ke Thom $~n CITY SECRETARY FOR ADDITIONAL INFORMATION TACT I Th 6 Adopted Ordinance No, /Q~ DATE CON - , om son