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HomeMy WebLinkAboutOrdinance 18278-09-2008ORDINANCE NO. 18278-09-2008 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, APPROVING RESOLUTION NO. 2008-06-124 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS VARIOUS TRAFFIC PROVISIONS OF CHAPTER 2 ANI) APPENDIX I OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD'S CODE OF RULES AND REGULATIONS, PROVIDING FORA FINE NOT TO EXCEED TWO THOUSAND DOLLARS PER DAY FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND 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, Dated and Effective as of April 15, 1968, City Secretary Contract No. 6014, as amended, 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 the maximum fines authorized by state law; and WHEREAS, Sections 22.082 of the Texas Transportation Code, Chapter 22, Subchapter D 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 Fort Worth and Dallas and proper publication; and WHEREAS, on June 5, 2008, the Dallas-Fort Worth International Airport Board passed, approved, and ordered Resolution No. 2008-06-124, which amends the Dallas-Fort Worth International Airport Board's Code of Rules and Regulations, as amended, to add the new extensions of West Walnut Hill Lane and Mustang Drive, the realignment of North Airfield Drive, revisions to the block numbering system in accordance with the 2007 DFW Airport Address map and associated speed limits, removes from Chapter 2, Section 4 Employee Parking Areas, the phrase "or he gains access by means of a control mechanism,"removes the violation "Unattended Vehicle Zone", and prohibiting the parking of vehicles or storage of property within ten feet of an Air Operations Area fence; and WHEREAS, in accordance with Section 3 of Chapter 9 of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended, the Airport Board has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 2008-06-124 in order that it may become effective. 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 part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 2008-06-124 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. 2008-06-124 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Tarrant and Dallas, stating that a breach of any provision of 2 Resolution No. 2008-06-124 will subject the violator to a penalty, and stating that the full text of Resolution No. 2008-06-124 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. 2008-06-124 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 wine 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 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, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. 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. 2008-06-124 shall be fined not more than Five Hundred Dollars ($500.00) or more than Two Thousand Dollars ($2000.00) for each offense relating to fire safety, public health and sanitation, or the dumping of refuse. Each day that a violation is permitted to exist shall constitute a separate offense. 3 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 maybe 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 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 FORIVI AND LEGALITY: David Yett, City Attorney By: Assistant 1 Attorney Date: ~ ~ ~ (.~ ~ Zy c~ Adopted ~ :September 16, 2008 EFFECTIVE:,September 20, 2008 4 City ®~ F®rt ®rth, 1"exas Mayor and Council Gomr~unication .. COUNCIL ACTION: Approved on 9/16/2008 -Ord. No. 18278-09-2008 DATE: Tuesday, September 16, 2008 LOG NAME: 12DFWSPEED REFERENCE NO.: **G-16272 SUBJECT: Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2008-06-124, Amending Various Traffic Provisions of Chapter 2 and Appendix I of the Dallas/Fort Worth Airport Board Code of Rules and Regulations RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth International Airport Board Resolution 2008-06-124 amending various traffic provisions of Chapter 2 and Appendix I of the Dallas/Fort Worth Airport Board Code of Rules and Regulations. DISCUSSION: At its meeting on June 5, 2008, the Dallas/Fort Worth International Airport Board (Airport Board) approved amendments to Chapter 2 and Appendix I of the Dallas/Fort Worth Airport Board Code of Rules and Regulations. The Perimeter Taxiway project impacts several roadways within the airport boundaries. A portion of Carbon Road has been demolished and West Walnut Hill Lane has been extended. Additionally, Mustang Drive will be extended from South Main Street in Grapevine to connect with West Airfield Drive and North Ai~eld Drive. North Airfield Drive will be realigned to accommodate the Perimeter Taxiway. Appendix I is the official street numbering document used by the airport for traffic law enforcement. It was last amended in May 2005. The airport removed the phrase "or he gains access by means of a control mechanism" due to enforcement concerns. The phrase implied that a person could park in an employee lot without a permit so long as access was gained by use of a Signal Control Device or authorization by a gate guard. The "Unattended Vehicle Zone" is actually a subset of the "No Parking Zone" and is unnecessary due to its redundancy. Prohibiting vehicle parking or property storage within 10 feet of an Air Operations Area fence is necessary to maintain airfield security enforcement. Both state law and the 1968 Contract and Agreement between the Cities of Fort Worth and Dallas require that amendments to the Airport Board's resolutions must be approved by the Councils of both Cities. Dallas is scheduled to vote on this item at its September 10, 2008, meeting. Logname: 12DFWSPEED Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office by: Tom Higgins (6192) Originating Department Head: David Yett (7623) Additional Information Contact: Charlene Sanders (7611) Logname: 12DFWSPEED Page 2 of 2 DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTION/RESOLUTION !.Date Committee... Subject Resolution # 06/05/2008.. Operations Code of Rules & Regulations 2008-06-124 Action That the AirportBaard approve an amendment to Chapter 2 of the Code of Rules & Regulations of the Dallas/Fort Worth Internatianal AirportBoard and Appendix I. Description • This action will approve revisions to the Dallas/Fort Worth International Airport Board Code of Rules & Regulations, Chapter 2 and Appendix I to: add the new extension of West Walnut Hill Lane, and the new extension of Mustang Drive, the realignment of North Airfield Drive to include revisions to the block numbering system in accordance with the 2007 DFW Airport Address map. Justification • The Dallas/Fort Worth International Airport Board opened the new extension of West Walnut Hill Lane in the Spring of 2008. This new roadway replaces the majority of Carbon Road that was demolished as a result of the Perimeter Taxiway project. Only two short segments of Carbon Road remain and consist of one segment adjacent to the taxi queue and the other being adjacent to the DFW warehouse. •~The Dallas/Fort Worth International Airport Board plans to extend Mustang Drive from South Main Street in Grapevine where it will connect with West & North Airfield Drive. Additionally, North Airfield- Drive will be realigned to accomodate for the Perimeter Taxiway project between Texan Trail and Freeport Parkway. Appendix l of the Dallas/Fort Worth International Airport Board Code of Rules & Regulations is the. official street numbering document used for enforcement of traffic laws by the Airport"s Department of Public Safety and was last amended on May 5, 2005. • Chapter 2, Section 4 Employee Parking Areas: remove the phrase "or he gains access by means of a control mechanism". This phase implies that a person could park in an employee lot without a permit so long as access was gained by use of a Signal Control Device (SRD) or authorization by a gate guard thus, hindering enforcement. D/M/WBE Information • N/A Contract # Agreement # Purchase Order # Action Amount Revised Amount $0 $0 For Information contact Fund Project # External Funding Source Amount Alan Black ~ $0 4-8481 ~' Section 3. Parking A person commits an offense, if he stops, stands, or parks a vehicle within the boundaries of the Airport except at such places and for such periods of time, and upon payment of such parking fees and charges as may from time to time be prescribed by the Airport Board. Any vehicle which is disabled or which is parked in violation hereof or which represents an operational hazard at the Airport may be removed or towed away and impounded, all at the operator's or owner's expense and without liability for any damage to the vehicle which may ensue from such removal or towing. Such expense shall be a lien against the vehicle and payment in full therefor shall be a prerequisite to the reclaiming of the vehicle by the operator or owner. A person commits an offense if the person: A. is neither a disabled person nor transporting a disabled person and stops, stands, or parks a vehicle displaying a registration insignia or identification card in a parking space or area designated specifically for the disabled; B. stops, stands, or parks a vehicle displaying neither a registration insignia nor an identification card in a parking space or area designated specifically for the disabled; or C. stops, stands, or parks a vehicle in such a manner that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled. III. The method of disposition of abandoned or junked motor vehicles or other vehicles shall be as set forth in the Transportation Code Chapter 683, insofar as same may be applied to the operation of the Airport. Section 4. Employee Parking Areas A person commits an offense if he operates, parks or stands a motor vehicle within a parking area designated for employee parking unless a permit, decal, or other authorization therefor is prominently displayed on the vehicle. .For the purposes of this section, prominent display of an authorized permit, decal or other authorization may be accomplished by clearly displaying said permit, decal or other authorization in plain view in the front windshield of the motor vehicle. Section 5. Restricted Areas The Air Operations Area is expressly declared a "Restricted Area." The Airport Board may designate additional Areas or Zones at the Airport as "Restricted Areas" by posting signs to that effect. A person commits an offense if the person: A. operates, parks, stops or stands any vehicle in a "Restricted Area" without: displaying on the vehicle an approved valid decal issued by the Airport; 2. displaying on the vehicle an approved valid placard issued by the Airport; 3. the prior approval of the Executive Director; 4. a lawful escort; or 5. complying with requirements established by the Airport Security Program. 2-2 B. enters or remains on or in property designated a "Restricted Area" without: displaying an appropriate Airport-issued identification badge; 2. the prior approval of the Executive Director; 3. a lawful escort; or 4. complying with requirements established by the Airport Security Program. The Department of Public Safety shall be authorized to immediately remove any vehicle parked in violation of this section or where such vehicle represents an operational hazard in or impedes the efficient operations of the Air Operations Area. Section 6. Air Operations Areas A person commits an offense if the person operates a vehicle on the Air Operations Area: A. in excess of 20 miles per hour, except on the ARFF service roads where the speed limit is 45 miles per hour; B. operates a vehicle in willful and wanton disregard of the safety of persons or property; C. without a valid driver's license; or D. refuses to present a driver's license upon demand by a Peace Officer. A person commits an offense if the person operates a vehicle on the Air Operations Area and fails to: A. yield the right of way to any aircraft immediately approaching or moving within the person's path of travel; B. present a driver's license upon demand of a Peace Officer; or C. stop and wait until the Air Operations Area gate is closed before driving away. III. A person commits an offense if the person is in possession of or consumes an alcoholic beverage within the confines of the Air Operations Area, except if the alcoholic beverage is being consumed by a ticketed passenger on an aircraft where alcoholic beverages are served to customers by airline personnel. IV. A person commits an offense if the person parks a vehicle or equipment, or places, deposits or stores property or materials within ten (10) feet of an AOA fence. Section 7. Passenger Loading Zones The Airport Board may establish zones for loading or unloading passengers to or from designated vehicles at the Airport. Such zones shall be designated with appropriate control devices, signs, signals, markings or insignia, and a person commits an offense if the person parks, stops, or stands any vehicle in any such Passenger Loading Zone except to load or unload passengers, and then only if it is a vehicle authorized in such zone and only for the time limit established by the Board and posted in such zone. 2-3 B. Within 7 calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by first class mail to the last address of the registered owner on record with the Texas Department of Transportation, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: of the amount of civil fines, penalties, and costs assessed; 2. of the right to appeal to municipal court; and 3. that failure to pay can result in immobilization and impoundment of the vehicle and the debt being placed on the debtor's credit report for seven years or until such time as the debt is paid. XI. Civil Fine Schedule A. The following is the schedule of civil fines for parking violations under this section of this Code that are made civil offenses under this section: Violation Civil Fine No Parking Zone $28.00 Double Parking $28.00 Blocking Cross Walk $28.00 Blocking Roadway $28.00 . Limited Parking $28.00 Unauthorized Zone $28.00 Failed to Park in Marked Space $28.00 Boot Fee $25.00 Fire Lane $38.00 Handicap Space $63.00 Other $28.00 B. If a civil fine is assessed, it must be in accordance with this section. A civil fine may not be waived or modified by a hearing officer, or by a municipal court on appeal, except that additional penalties and other costs may be added in accordance with this section. C. An additional penalty in an amount equal to the original civil fine will be assessed if a vehicle owner or operator or the agent of the owner or operator fails to: answer to a parking violation charge within 15 calendar days after the date of issuance of the parking citation or fails to appear at any hearing scheduled after 15 calendar days from the date of the parking citation; or 2. after being found liable, pay all civil fines, fees, and costs assessed for a parking violation within the time designated by the hearing officer. D. A penalty assessed under subsection (C) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: 2-9 Appendix 1 Speed Limit Street Direction Hundred Block (Mph) North Employee Parking Loop Rd. N & S 1600 - 1800 S 30 Express North Public Loop Rd. N & S 1700 - 1800 S 20 A Public Loop Rd. N & S 2100 S 20 A Upper Level Rd. N & S 2000 - 2200 S 15 A Lower Level Rd. N & S 2000 - 2200 S 15 B Public Loop Rd. N & S 2100 S 20 B Upper Level Rd. N & S 2000 - 2200 S 15 B Lower Level Rd. N & S 2000 - 2200 S 15 C Public Loop Rd. N & S 2300 - 2400 S 20 C Upper Level Rd. N & S 2300 - 2400 S 15 C Lower Level Rd. N & S 2300 - 2400 S 15 D Service Level Rd. N & S 2275 - 2475 S 15 D Arrivals Level Rd. N & S 2325 - 2475 S 15 D Departures Level Rd. N & S 2325 - 2475 S 15 D Recirculation Rd. N & S 2350 - 2475 S 15 E Public Loop Rd. N & S 2600 S 20 E Upper Level Rd. N & S 2500 - 2700 S 15 E Lower Level Rd. N & S 2500 - 2700 S 15 Express South Public Loop Rd. N & S 2600 S 15 South Remote Parking Public Loop Rd. ~ N & S 2900 - 3000 S 20 South Employee Parking Loop Rd. N & S 2900 - 3100 S 30 North Remote Carousel N & S 1600 - 1700 S 15 Connector Rd. South Remote Carousel N & S 3050 - 3100 S 15 Connector Rd. East Airfield Dr. N & S 2300 - 3400 S 45 South Airfield Dr. E & W 1800 - 2900E 45 West Airfield Dr. N & S 1600 - 3400E 45 North Airfield Dr. E & W 1400 - 2875E 45 A-~ Effective Apri) B, 2005 Speed Limit Street Direction Hundred Block (Mph) North AirFeld Dr. E & W 2875 - 3000E 35 North Service Rd. N 1300 - 3250 S 35 North Service Rd. N 3250 - 3900 N 45 South Service Rd. S 1300 - 1750 S 45 South Service Rd. S 1750 - 3825 S 35 South Service Rd. S 3825 - 4025 S 45 Service Rd. Crossunder 1 E & W 2275 - 2325E 30 Service Rd. Crossunder 2 E & W 2275 - 2325E 30 Service Rd. Crossunder 3 E & W 2275 - 2325E 30 Service Rd. Crossunder 4 E & W 2275 - 2325E 30 Service Rd. Crossunder 5 E & W 2275 - 2325E 30 Service Rd. Crossunder 6 E & W 2275 - 2325E 30 Service Rd. Crossunder 7 E & W 2275 - 2325E 30 N. International Pkwy. N 300 - 1300 S 55 S. International Pkwy. S 300 - 1300 S 55 N. International Pkwy. N 1300 - 1500 S 30 S. International Pkwy. S 1300 - 1500 S 30 N. International Pkwy. N 1500 - 3400 S 55 S. International Pkwy. S 1500 - 3400 S 55 N. International Pkwy. N 3400 - 3600 S 30 S. International Pkwy. S 3400 - 3600 S 30 N. International Pkwy. N 3700 - 4200 S 55 S. International Pkwy. S 3700 - 4200 S 55 International Pkwy. E & W 2275 - 2325E 30 Crossunder 1 International Pkwy. E & W 2275 - 2325E 30 Crossunder 2 International Pkwy. E & W 2275 - 2325E 30 Crossunder 3 International Pkwy. E & W 2275 - 2325E 30 Crossunder 4 International Pkwy. E & W 2275 - 2325E 30 Crossunder 5 International Pkwy. E & W 2275 - 2325E 20 Flyover Bridge 5 A-2 Speed Limit Street Direction Hundred Block (Mph) East 9th St. E & W 2825 - 2925E 30 East 14th St. E & W 2825 - 2925E 30 East 23th St. E & W 2950 - 3050 W 30 East 26th St. E & W 2975 - 3050E 30 East 28th St. E & W 2900 - 3050E 35 East 31st St. E & W 3050-3125 E 30 East 32nd St. E & W 3050 - 3125E 30 East 37th St. E & W 2400 - 2600E 30 East 38th St. E & W 2300 - 2400E 30 East 39th St. E & W 2400 - 2600E 30 North 16th Ave. N & S 2050 - 2150 S 30 North 28th Ave. N & S 950 - 1450 S 30 South 20th Ave. N & S 3675 - 4150 S 30 South 22nd Ave. N & S 3250 - 3350 S 30 South 24th Ave. N & S 3850 - 4025 S 30 South 26th Ave. N & S 3575 - 3900 S 35 South 31st Ave. N & S 3175 - 3275 S 30 West 17th St. E & W 1150 -1550 E 30 West 19th St. E & W 1450 - 1700E 35 West 20th St. E & W 1450 - 1750E 30 West 21st St. E & W 1475 - 1650E 30 West 23rd St. E & W 1550 - 1600E ~ 30 West 27th St. E & W 1575 - 1600E 30 West 31st St. E & W 2200 - 2275E 30 West 32nd St. E & W 2200 - 2275E 30 West 33rd St. E & W 2100 - 2275E 30 Freeport Pkwy. N & S 1500 S 30 Mid-Cities Blvd. E & W 1650 - 1850E 40 Royal Lane N & S 725 - 1375 S 35 Texan Trail N & S 1400 - 1600 S 30 Rental Car Dr. E & W 2275 - 2800E 35 A-3 Speed Limit Street Direction Hundred Block (Mph) South Garage Dr. E & W 2400 - 2500E 30 Bus Entry/RCC E & W 2200 - 2400E 30 Bus Exit/RCC E & W 2300 - 2400E 30 Center Garage Dr. E & W 2500E 30 North Garage Dr. E & W 2400 - 2500E 30 Passport Ave. N & S 3600 - 4000 S 35 S. W. Construction Rd. N & S 2550 - 3175 S 20 S. W. Construction Rd. N & S 3175 - 3425 S 35 S. W. Construction Rd. E & W 1800 - 2100E 35 Trade Ave. N & S 800 - 1075 S 30 Regent Blvd. E & W 2575 - 2925E 30 Regent Blvd. N & S 725 - 925 S 30 Corporate Dr. N & S 750 - 1025 S 30 Bear Creek Ct. N & S 3500 - 3600 S 30 Minters Chapel Rd. N & S 1500 - 1600 S 30 Plaza Dr. E & W 2925 - 2950E 30 Carbon Rd. N & S 3125 - 3150 S 30 Carbon Rd. E & W 3050 - 3175E 30 Glade Rd. E & W 1200 - 1600E 35 S. Main St. N & S 1650 - 1700 S 30 Esters Rd. E & W 2425 - 2925E 30 W. Walnut Hill Ln. E & W 2325 - 3075E 45 Mustang Drive E & W 1125 -1450 E 45 A-4