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HomeMy WebLinkAboutOrdinance 97857p~ ORDINANCE NO. ~ d `~, AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION N0. 86-272, ADOPTED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD ON DECEMBER 2, 1986, AMENDING SECTION 4A OF CHAPTER THREE OF THE CODE OF RULES AND REGU- LATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD (ADOPTED BY RESOLUTION N0. 71-172), AS AMENDED, BY ADDING A PARAGRAPH 4(dd); PROVIDING CERTAIN TERMINAL LOCA- TIONS AT WHICH TABLES MAY BE PLACED FOR SOLICITATION OF FUNDS AND DISTRIBUT ION OF LITERATURE; PROVIDING TERMS GOVERNING THE USE AND PLACEMENT OF THOSE TABLES; PROVIDING A PENALTY NOT TO EXCEED $200; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section B.F. of the 1968 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 to exceed a $ 20 0 fine ; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F. of the 1968 Contract and Agreement, as amended, provide 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 proper publica- tion; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board, on October 5, 1971, passed, approved and ordered Resolution No. 71-172, adopting the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, which regulates traffic, travel and conduct within the Dallas-Fort Worth International Airport and establishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, in accordance with Section 3 of Chapter Five of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, the Airport Board has requested that the city councils of the Cities of Dallas and Fort Worth approve its Resolu- tion No. 86-272 in order that it may become effective as states by law and in the Code of the Airport Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECT ION 1 . That all of the declarations and findings contained in the pre- ambles of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordi- Hance. SECTION 2 . That Resolution No. 86-272 of the Dallas-Fort Worth Interna- tional Airport Board, a duly certified copy of which is attached hereto as Exhibit "A" and made a part of this ordinance by refer- ence, is hereby approved. SECT ION 3. That after publication of a substantive statement relating to the contents of Resolution No. 86-272 of the Dallas-Fort Worth -2- 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. 86-272 will subject the violator to a penalty, and stating that the full text of Resolution No. 86-272 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. 86-272 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. 86-272 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 invalid- ity shall not affect any of the remaining phrases, clauses, sen- tences, paragraphs and sections of this ordinance or Resolution No. 86-272, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty and effective date -3- of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Revised Civil Statutes, Article 1176b-1. SECT ION 6 . That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause in the minutes of the city council and by filing this ordinance in the ordinance records of said city. SECT ION 7. That this ordinance shall take effect immediately from and after its 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. APPROVED AS TO FORM D LEGALITY: City Attorney ~:• Date: ADOPTED : `lam EFFECTIVE: -4- EXF~ IB I•T RESOLUTION NO. 86-272 A Resolution of the Dallas-Fort Worth International Airport Board amending Resolution No. 71-172 entitled "The Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board", as amended, by adding a paragraph 4(dd); providing certain terminal locations at which tables may be placed for solicitation of funds and distribution of literature; providing terms governing the use and placement of those tables; providing a pentalty not to excced $200.00; providing an effective date. WHEREAS, it is the desire and purpose of the Dallas-Fort Worth International Airport Board to protect the rights of persons engaging in the solicitation of funds and distribution of literature on Airport premises and to protect the public and users of the Airport from unreasonable interference with their passage through the Airport's terminals; and WHEREAS, the Airport Board has identified certain terminal locations where tables can normally be placed for solictation of funds and distribution of literature without unreasonably interfering with the passage of the public through those terminals; NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD; SECTION 1. That Section 4A, entitled"Standards for Fund Solicitation and Distribution of Literature" of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, is amended by adding the following paragraph 4(dd): (dd) Solicitation of funds and distribution of literature may be conducted from tables at the following terms: 1. Locations: (a) Terminal 2W (i) Inside security, in front of wall between column lines. 70 and 71 opposite vending machines between Gates 12 and 13. (ii) Inside security, in front of wall opposite newstand between gates 4 and 5. (iii) Outside security, in front of wall in A-2 entryway on which Ground Transportation board is located; provided, however, that no table may be placed in front of the Ground Transportation board itself. Page 1 (b) Terminal 2E (i) Inside security, in alcove between gates 7 and 8. (c) Terminal 3E (i) Outside security, in front of glass wall between A-2 escalator entrance and telephones. (ii) Outside security, in front of glass wall between A-4 escalator entrance and telephones. (iii) Outside security, in front of glass wall between B-2 escalator entrance and telephones. (iv) Outside security, in front of glass wall between B-4 escalator entrance and telephones. r~ (d) Terminal 4E (i) Inside security, in front of windows between Gate 3 exit and telephones. (ii) Inside security, in alcove opposite flight information display monitors between Gates 8 and 9. (iii) Inside security, in front of wall across from lockers and restrooms between Gates 18 and 19. (2) Terms (a) No permittee may have more than one table at a time at any one of the locations described above. (b) No person soliciting funds or distributing literaure from a table shall leave the table unattended. A table shall be deemed unattended if it is outside the view of the person or persons authorized by permit to set up the table. (c) Tables permitted hereunder shall not be more than three (3) feet in length or three (3) feet in width. When erected, the longer sides of the table shall be alligned parallel to the hallway or concourse in which the table is located. A table placed at the locations described in 4(dd) (a) (i) and (ii), (b) (ii), (c) (i), (ii), (iii), and (iv), and (d) (i) and (iii) shall be placed no more than two (2) feet from the wall in front of which it is permitted to be located. A table placed at the locations described in 4(dd) (b) (i) and (d) (ii) shall extend no more than one (1) foot into the concourse from the alcove in which it is permitted to be placed. Page 2 (d) Placement of tables at the locations herein permitted shall be on a first come first served basis each day. At locations large enough to accommodate more than one table under these rules, a permittee shall arrange its table, when requested by another permittee, so as to allow the other permittee to also place a table at the location. (e) Tables permitted hereunder shall have legs capable of being folded under or removed from the table surface and shall be folded or removed while being transported throught any terminal building. (f) Placement of tables hereunder is subject to Section 21 of Chapter Three of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. SECTION 2. That Section 18, "Tables and Chairs" of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is amended to read as follows (underlining indicates amending language): SECTION 18. TABLES AND CHAIRS a table, bench, chair, stool or similar structure on Airport premises not otherwise exclusively leased to that person by the Airport Board for commercial or traveler's aid purposes. SECTION 3. If any segment of this Resolution shall be declared unconsitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining segments of this Resolution since the same would have been enacted without the incorporation in this Resolution of any such unconstitutional segment. Further, the passage of this Resolution shall in no manner affect any other provisions of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, and all such other provisions shall remain in full force and effect. SECTION 4. That violation of any provision of this Resolution, where an act or failure to act is made unlawful or otherwise prohibited, shall be punishable by a fine not to exceed Two Hundred ($200.00) Dollars and each day a violation continues shall constitute a separate offense; provided, however, where the offense is one for which a penalty is fixed by a superior law, the latter shall govern. Page 3 SECTION 5. This resolution shall become effective upon approval by the City Councils of the Cities of Dallas and Fort Worth, and after publication of a substantive statement thereof in a newspaper of general circulation in each of the Counties of Dallas and Tarrant. Such notice shall state that a breach hereof will subject the violator to the infliction of a penalty and shall state that the full text of this Resolution is on file in the principal office of the Board where the same may be read by any interested parts. PASSED, APPROVED AND ORDERED this ~, day of December, 1986. ATTEST: ,~U~~~~~{~PJ ~~~' ~J Staff Secretary To The Board Executive Dire or ~"-s`~-- APPROVED AS TO FORM: ~--~-~ Lega Counsel gk30-86 =. , STATE OF TEXAS COUNTY OF DALLAS ~ COUNTY OF TARRANT ~ I, Debbie Miller, Staff Secretary to the Board of Directors of the Dallas-Fort Worth International Airport, do hereby certify that the foregoing is a true and correct copy of Resolution No. 86-272 which was passed and- adopted by the Dallas-Fort Worth International Airport on December 2, 1986. s ". z'T' f, ~„~ , t '~` ~~~ ~~ (AIRPORT SEAL) ~,,~ Date: December 11 , 1986 Staff Secretary Dallas-Fort Worth International Airport Board ~` ~ MASYER FI~E• .~_~: ~~~ ACCOUNTINQ•2 City of Fort North, ~"exas SRANSPOFTATION~PUBLt~ W0~~ ®~ ~~~ ~®~1I~~~~ ~®~~~~~~~~~®~ ~~oTER AOI~~INIS7RA'Tiufi a ~ (//~ 91V1ATIOt3° GG~ DATE REFERENCE SUBJECT Regulations for Sollclta- PAGE NUMBER tion of Funds and Distribution 12-16-86 G-6906 of Literature at DFW Airport ' °( 1 Recommendation: It is recommended that the City Council adopt the attached ordinance. On December 2, 1986, the Dallas-Fort Worth International Airport Board adopted Resolution No. 86-272 amending the Airport Board Code of Rules and Regulations to provide new standards for fund solicitation and distribution of literature at DFW Airport. The placement of tables for new regulations will better balance the legal rights of the traveling public and persons who desire to solicit funds or distribute literature. The new regulations will not be effective until the City Councils of Fort Worth and Dallas adopt them by ordinance. The International Airport Board has requested that the City Councils adopt such ordinances. WA:dn Attachment RPPROVED SY CITY COUNCIL Dec ~~ t~~~ ~~~ city Seczetan~ of the Ci`.y of Fort Wozth, Texas SUBMITTED FOR 7Ht J CITY MANAGER'S / DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ~ , ^ APPROVED ORIGINATING [ OTHER (DESCRIBE) DEPARTMENT HEAD: Wade Adk1nS ITY SECRETARY fOR ADDITI NA INF R T,ION ~ l~a~e ~c~cins ext. 7606 Ad~pfied Ord~rance Flo. DATE CONTACT ,