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HomeMy WebLinkAboutOrdinance 18402-12-2008ORDINANCE N©. 18402-12-2008 AN ORDINANCE BY THE CITY COL'~CIL OF THE CITY OF FORT WORTH, APPROVING RESOLUTION ItiO. 2008-09-218 QF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS CHAPTER 3 OF THE DALLAS-FORT FORTH INTERNATIONAL AIRPORT BOARD'S CODE OF RULES AND REGULATIONS TO PERMIT POSSESSION OF ANIMALS INCIDENTAL TO AIRPORT- OR TENANT-OPERATED PET CARE FACILITIES, PROVIDING FOR A FINE NOT TO EXCEED T1'4'O THOUSAND DOLLARS PER DAY FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NE~t'SPAPER 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 far 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 end Agreement, as amended. provide that such orders by the D~~11a•-F~~rt North Intcrn~~t'~.~~~~al .~iliu~rt 13~~ard hall become cfl~~ti~t only upon ~i~i~r~,~a1 t,f 'I}~ ~Ii~,l;l__' ~i~'~~I~ ~ ~'f !~l~ ~ llll`• ~~~ ]~~;1 ~~ ~~i'.~l ,I'l~! 1~,4i,l~ -IL it il~~~~~~1 f~'~;~~~I~ .iili~il. :lil~~ ~~ ~~1'.~Z~'. ~~, ~~1~4 7U11~ ~. ~iiii\, 1~'~~' j),:~~;,~-f ~~I? ~~i~li~l ~?~I1ClII:~11~~1L1~ ~liE~t~l-l ~;~~,ilt~ ~, ~__,_,~ ~~i~il~i,A~'tj. ~ll;cj ~~1~~~~'I~CI~ ~Z~`~~~iU~l~~l? ~~.~. ~I111\-11~1_~ j,A_ ~,A~11~~1 ;I!li~,ll~~ ~ ~},I~~l~t t~~ !il~' [);tl~l,-f~~IC ~~ ~~ll~l ~Il1~IP~~1111~11;t~ ~11~~i~~l~~ f3i~al~~1 ~ ~ ~~c~~' i~l EZU~C~ ~l!lc~ ~Z~L'U~;lU~~11~_ ;1~ ~I11?~Ill1l'~, ~~? ~~CI~Illli WHEREAS, in accordance with Section 3 of Chapter 9 of the Cade of Rules and P.c~~ulatians of the Dallas-Fart Worth International Airport Baard, as amended, the Airport Board has requested that the City Councils of the Cities of Fart Worth and Dallas approve its said Resolution I~`o. 2008-09-218 in order that it may became effective, NC?W, TI-IEREFC}RE, BE IT C}RDAINED BY THE CITY COUNCIL OF THE CITY OF FORT ~~'ORTH 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 Na 2008-09-218 of the Dallas-Fart Worth International Airport Baard, 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 I~~a. 2008-09-218 of the Dallas-Fart Worth International Airport Baard in a newspaper of general circulation in each of the counties of Tarrant and Dali~l~; .rating that a breach of any provision of lZc<<,luti~~t~ \~, ~~!i~~~-~~~)-~ I~~ ~~~11 ~uhjccf the ~ i~~lat~~r t~, a ~~cn,ili~_ ,i»cl ~tatin~~ tlr<it the t~ul1 (cat ~~f IZt~~ ~+~,. ~, ~il?i~_~I~i- l\ .',~~ ,l`~' ~'.:I~llil~'ll'~ .~~ lI .il~ ~~1. =:1~~ ;li 1'l~ ~~f".1~4~~,If ~~{~It~' ~~~ l~li 1i:~~~1~~~1 I3~';L'~~! 1~~ ~~~ 4~~.11~ f~v II'v ;RIt~T<'~l~t~ I~:U~,~ IL~~~~~Ull~`I: ~~~_ Ill)y-I1~)-~~y .~1;3~i~ 1~1C1~~';1~11'I ~la~~' (~1~ ~afil~' 1~~CCC allC~ ~fl~~( \~l1~llll 1~1C ~~UUIIi~UI~IC~ t~1 1~1~ 1)~i~~a~-(tart ~~1~~r111 ~111C'I'll~1tI~~I1~1~ Fort Worth, and the penalty shall be enforced in the same manner in ~~Thich penalties prescribed by other ordinances of the City of Fart Worth are enforced. SECTIOi~,~ 4. That the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause; sentence, paragraph ar section sha11 be declared unconstitutional or invalid by the ~-alid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity sha11 not affect any of the remaining phrases, clauses, sentences, paragraphs, and seetians 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 ar corporation who violates, disobeys, omits, neglects or refuses to comply with ar who resists the enforcement of any of the provisions of this ordinance ar Resolution No. 2008-04-218 shall be fined not more than Five Hundred Dollars ($500.00} or mare than Two Thousand Dollars ($2000.00) far each offense relating to fire safety, public health and sanitation, ar the dumping of refuse. Each day that a violation is permitted to exist shall constitute a separate offense. S~CTIC}N 6. X11 1~1~~_'~li~ ~lllll 1~Ill~'c~l~~ l?f the ~ Itv ~~f f l~f~ ~~ ~~l~~l. ~ ~y,1~_ ~If~' ~AP1~~.'~~J1 ~~]vClT ;l> (~~ luny „ltl I Ali ~I,I'i~'Il~ ~ '~ll' ~~I~~' ~~=1~ ~ ,II~ :'~`1 .'Ilil~,„I'.~l'~ I(~l'l ~~.1 ~ ~'~~,1 ~~i ~~„I~l'`~ .I~lil ~Z~'~'L~Ifli~ll~ t~! ,~',~ ~).1~'i~:~-~i~1-1_ ~~t~l"!~l ~1i1~`I~Il.I11i~lY.l~ ~I'~~(?~~}I f3~~;l1'l~ VV~ll~~l ~1~11~ ;!~1'1~1_il'l~ al I~1~ ?1111 at~ t1i~ ~I~fuwti~~ ~l~tc u1~ tl~i, ~~r~lin;~~lc~:; ~inc1, a t~ ~u~11 ~1~~ruLCl ~iul;tti~~n~ ~~1~ ull p~~n~lin~~ 3 litigation, bath civil and criminal, whether pending in court or not, under such ordinances, same sl~ull not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTI©N ~. 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 tcvo days in the official newspaper of the City of Fort V4'orth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTItJN 8. That this ordinance shall take effect immediately from and after its passage and publication as required by la~v, in accordance with the provisions of the Charter of the City of Fort VV'orth, and it is accordingly so ordained, APPRC}VED AS T(J FORl1~7 AND LEGALITY: David Yett, City Attorney s ,. ~..~,~-~s By• ___ A~;istant City Attorney ~r Date: ~~~ ~ ~- ---~. ~, Adopted and l~,d~;cdtic: _~~'°~ ~° _ ~ ~~~ ~._ pity of Ford Warth, Texas Mayor and council ~onn~unica~ion COUNCIL ACTION: Approved on 12/16!2008 -Ord. No. 18402-12-2008 DATE: Tuesday, December 16, 2008 LOG NAME: 12DFW PET CARE REFERENCE NO.: **G-16393 SUBJECT: Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2008-09-218, Amending Chapter 2 of the DallaslFork Worth Airport Board Code of Rules and Regulations to Permit Possession of Animals Incidental to Airport-Operated or Tenant-Operated Pet Care RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth International Airport Board Resolution 2008-09-218 amending Chapter 2 of the Dallas/Fort Worth Airport Board Code of Rules and Regulations to permit possession of animals incidental to airport-operated or tenant-operated pet care. DISCUSSION: At its meeting on September 4, 2008, the Dallas/Fort Worth Airport Board (Airport Board} approved an amendment to Chapter 3 of the Dallas/Fort Worth International Airport Board Code of Rules and Regulations. The Airport Board's Rules and Regulations currently allow only assistance animals, law enforcement animals and animals properly contained for shipment on airport property. This amendment will facilitate the development of pet facilities as passenger amenities. 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 Council's of both Cities. FISCAL INFORMATIONIGERTIFIGATION: The Financial Management Services Director certifies that this action wilt have no material effect on City funds. TQ FundlAccpuntlCenters Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM FundlAccountlCenters Toi~~ Ni jgins i G19~ i Ch~ariF;r~F; Sz~~,der~ . %E~~?1} L~>,~n~inic: I ~[)l~v~ PI~C ~~ ll~i~ I'a~~ 1 tit` t