HomeMy WebLinkAboutOrdinance 17444-03-2007ORDINANCE NO. 17444-03-2007
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, APPROVING RESOLUTION NO. 2007-02-30 ADOPTED BY
THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
WIiICH AMENDS PART NINE -OIL AND GAS EXPLORATION AND
PRODUCTION OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD'S CONSTRUCTION AND FIRE PREVENTION
STANDARDS RESOLUTION (ADOPTED BY RESOLUTION NO. 88-147),
AS AMENDED; TO ESTABLISH A VARIANCE RESOLUTION
COMA~HTTEE FOR GAS EXPLORATION AND PRODUCTION FOR
THE PURPOSE OF PROVIDING A MECHANISM TO GRANT
VAR][ANCES, ON A CASE-BY-CASE BASIS, FROM THE SETBACK
REQUIREMENTS AND OTHER STANDARDS CONTAINED IN PART
NINE; PROVIDING FOR A FINE NOT TO EXCEED TWO THOUSAND
($2,000.00) 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.
V6THEREAS, Section 8.F of the Contract and Agreement, as amended, between the City
of Fort Worth, and the City of Dallas, 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 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
WI~REAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport
Board adopted the Construction and Fire Prevention Standards Resolution No. 88-147, which
establishes standards for construction and fire prevention to protect the health, safety and welfare
of the public; and
WHEREAS, on March 2, 2006, the Dallas-Fort Worth International Airport Board
passed, approved, and ordered Resolution No. 2006-03-068, which amends the Dallas-Fort
Worth International Airport Board's Construction and Fire Prevention Standards Resolution
(adopted by Resolution No. 88-147), as amended, to add Part Nine-Oil and Gas Exploration
and Production and to make minor revisions to existing Standards for clarification purposes; and
WHEREAS, on February 1, 2007, the Dallas-Fort Worth International Airport Board
passed, approved, and ordered Resolution No. 2007-02-30, which amends Part Nine -Oil and
Gas Exploration and Production of the Dallas-Fort Worth International Airport Board's
Construction and Fire Prevention Standards Resolution (adopted by Resolution No. 88-147), as
amended, to establish a Variance Resolution Committee for Gas Exploration and Production; 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. 2007-02-30 in order that it may become effective;
NOW, THEREFORE, BE IT ORDAINED BY TILE 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.
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SECTION 2.
That Resolution No. 2007-02-30 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. 2007-02-30 and 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 Resolution Nos. 2007-02-30 will subject the violator to a penalty, and stating that
the full text of Resolution No. 2007-02-30 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. 2007-02-30 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. 2007-02-30 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 or Resolution
No.2007-02-30, since the same would have been enacted without the incorporation of any
unconstitutional phrase, clause, sentence, paragraph, or section.
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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. 2007-02-30 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.
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 may be 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.
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APPROVED AS TO FORM AND LEGALITY:
By: ~ U~~
Assistant City Attorney
Date: ~~,~~~~
Adopted: March 20 2007
Effective: ~ __
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2007 -Ordinance No. 17444-03-2007
DATE: Tuesday, March 20, 2007
LOG NAME: 12DFWPAR9VARCOM REFERENCE NO.: **G-15634
SUBJECT:
Adoption of an Ordinance Approving Dallas/Fort Worth International Airport Board Resolution No.
2007-02-30 Amending Part Nine-Oil and Gas Exploration and Production of the Dallas/Fort Worth
International Airport Board's Construction and Fire Prevention Standards to Establish a Variance
Resolution Committee for Gas Exploration and Production
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth
International Airport Board (Airport Board) Resolution No. 2007-02-30 which amends Part Nine-Oil and Gas
Exploration of the Dallas/Fort Worth International Airport Board's Construction and Fire Prevention
Standards to establish a Variance Resolution Committee for Gas Exploration and Production.
DISCUSSION:
At its meeting on February 1, 2007, the Airport Board approved amendments to Part Nine -Oil and Gas
Exploration and Production (Part Nine) of the Construction and Fire Prevention Standards (Standards) to
establish a mechanism through which variances could be granted from the standards set in Part
Nine . 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 Code of Rules and Regulations must be approved by the
Councils of both cities.
Part Nine -Oil and Gas Exploration and Production of the Construction and Fire Prevention Standards was
adopted by the Airport Board in Resolution No. 2006-03-068 and approved by the City Council on July 18,
2006 (M&C G-15291). The regulations established uniform limitations, safeguards, and requirements for
operations related to gas exploration and production to protect health, safety, and general welfare of the
public as well as minimize the potential impact to property, protect the quality of the environment, and
encourage the orderly production and transportation of available mineral and natural gas resources.
Airport Board Resolution No. 2007-02-30 seeks to amend Part Nine to create a Variance Resolution
Committee for Gas Exploration and Production which would be empowered to, on a case-by-case basis,
grant variances from the setbacks and Standards, when it can be demonstrated that there are practical
difficulties involved in carrying out the strict letter of any standard under Part Nine, and when such variance
is deemed to be a safe and reasonable alternative to the Standards. The Variance Resolution Committee
shall consist of five vice-presidents from within various departments of Dallas/Fort Worth International
Airport.
FISCAL INFORMATION/CERTIFICATION:
Logname: 12DFWPAR9VARCOM Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Melinda Ramos (7631)
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