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HomeMy WebLinkAboutOrdinance 6573 M e ORDINANCE NO. 6 �' An Ordinance adopted by the City Council of the City of Fort Worth, Texas, pursuant to Article 46d-14, Revised Civil Statutes of Texas, approving Resolution No. 71-173 of the Dallas-Fort Worth Regional Airport Board which creates an Airport Department of Public Safety; establishes the jurisdiction of said Department; prescribes the duties of said Department; provides for a Police Service and a Fire Service within said Department; provides that officers of the Police Service shall have the powers and authority of peace officers within the Dallas-Fort Worth Regional Airport; provides for a Chief of the Airport Department of Public Safety and prescribes his powers and duties; and providing that said Resolution No. 71-173 of the Dallas-Fort Worth Regional Airport Board shall have the same force and effect within the boundaries of the Dallas-Fort Worth Regional Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth; declaring an emergency 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, provides that the Dallas-Fort Worth Regional 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 employ and constitute its own security force and peace officers with full police powers including the power to make arrests when neces- sary to prevent or abate the commission of any offense against any duly adopted rule or regulation of the Board and against the laws of the State of Texas or the United States of America, when any such offense or threatened offense occurs upon any lands or facilities controlled and/or operated by the Board; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F. of the Contract and Agreement provide that such orders by the said Airport Board shall become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth and publication as therein provided; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth Regional Airport Board on October 5th , 1971, passed, ap- proved and ordered Resolution No. 71-173 , which creates an Airport Department of Public Safety; establishes the jurisdiction of said Depart- ment; prescribes the duties of said Department; provides for a Police Service and a Fire Service within said Department; provides that officers of the Police Service shall have the powers and authority of peace officers within the Dallas-Fort Worth Regional Airport; provides for a Chief of the Airport Department of Public Safety and prescribes his powers and duties; and WHEREAS, the Airport Board has requested that the City Councils of the Cities of Dallas and Fort Worth approve its said Resolution No. 71-173 in order that it may become effective as aforesaid; and WHEREAS, the subject matter of this Ordinance and of said Resolution No. 71-173 is of imperative public need and necessity in the protection of the health, safety and morals of the inhabitants, users and visitors of the Dallas-Fort Worth Regional Airport, and is deemed necessary by the Fort Worth City Council for the operation, regulation, protection and policing, and the management, government and use thereof, and this Ordinance is an emergency measure and shall be effective upon its adoption; -2- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That all of the declarations and findings contained in the preambles of this Ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this Ordinance. SECTION 2. That Resolution No. 71-173 of the Dallas-Fort Worth Regional Airport Board, a duly certified copy of which is attached hereto and made a part of this Ordinance by reference, is hereby approved. SECTION 3. That said Resolution No. 71-173 shall hereafter have the same force and effect within the boundaries of the Dallas-Fort Worth Regional Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth. SECTION 4. That this Ordinance shall take effect immediately from and after its passage and publication as provided by law. APPROVED AS TO FORM AND LEGALITY: 0�7I" '�G / S. G. Johndroe, Jr. , City Attorney PASSED: �r ��_12-�,/97 EFFECTIVE DATE:lUh� .�� Roy A. Bateman, City Secretary -3- RESOLUTION NO. 71-173 WHEREAS, Articles 46d-7 and 46d-14, Revised Civil Statutes of Texas , and Paragraph 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, authorize and empower the Board of Directors of the Dallas-Fort Worth Regional Airport, by a duly adopted Order, to employ and constitute its own security force and peace officers, with full police powers; and WHEREAS , the following Order is deemed necessary for the en- forcement of the rules and regulations essential to the prudent manage- ment, government and use of the Dallas-Fort Worth Regional Airport; and WHEREAS, the aforesaid provisions of State Law and of the Contract and Agreement require approvals of the City Councils of the Cities of Dallas and Fort Worth in order that the following provisions shall have the same force and effect within the boundaries of the Dallas-Fort Worth Regional Airport as such Order would have in the Cities of Dallas and Fort Worth; and WHEREAS, it is the desire of the Board that this Order be forwarded to the City Councils of the Cities of Dallas and Fort Worth, and said City Councils are each hereby respectfully requested to approve same; -1- r NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DALLAS-FORT WORTH REGIONAL AIRPORT, THAT: SECTION 1 . Creation of Department of Public Safety, Personnel There is hereby created an Airport Department of Public Safety. The Airport Department of Public Safety shall be composed of the Chief of the Airport Department of Public Safety, whose office is hereby created and established, and such other officers and members as the Board may provide by resolution upon the recommendation of the Executive Director. Their compensation shall be fixed and paid by the Board. SECTION 2 . Jurisdiction of Airport Department of Public Safety The jurisdiction of the Airport Department of Public Safety shall extend over the area within the boundaries of the Dallas-Fort Worth Regional Airport. SECTION 3. Duties of the Airport Department of Public Safety The Airport Department of Public Safety shall assume primary respon- sibility for providing basic fire and police services within the boundaries of the Dallas-Fort Worth Regional Airport. SECTION 4. Police Service Within the boundaries of the Dallas-Fort Worth Regional Airport, each Public Safety Officer assigned to the Police Service of the Airport Department of Public Safety shall be and is hereby vested with all the -2- power and authority of a peace officer, as that term is used in Article 484 of the Penal Code of the State of Texas , under the laws of the State of Texas , the Federal Law, and the ordinances and regulations of the Cities of Dallas and Fort Worth; provided, however, that no Public Safety Officer assigned to the Police Service of the Airport Department of Public Safety shall be deemed by virtue of this Section or any part of this Resolution a regular member of the police department of the Cities of Dallas or Fort Worth within the meaning of State Laws governing regular police personnel. No Public Safety Officer assigned to the Police Service of the Airport Depart- ment of Public Safety shall be eligible for membership in any Firemen, Police- men and Fire Alarm Operators Pension Fund created pursuant to Article 6243A, Vernon's Annotated Civil Statutes; however, such personnel of the Dallas-Fort Worth Regional Airport Board shall be eligible for mem- bership in the Employees' Retirement Fund of the Dallas-Fort Worth Regional Airport Board, upon meeting the general membership requirements, and such personnel shall be deemed to be paid law enforcement officers for the pur- pose of qualifying for survivors' assistance benefits under the provisions of Article 6228f, Vernon's Annotated Texas Statutes. SECTION 5. Fire Service Within the boundaries of the Dallas-Fort Worth Regional Airport, each Public Safety Officer assigned to the Fire Service of the Airport Department of Public Safety, while under the orders of a commanding officer, is authorized to exercise the powers of a peace officer and is a member of -3- the Police Service while going to, attending, or returning from, any fire or alarm of fire; provided, however, that no Public Safety Officer assigned to the Fire Service of the Airport Department of Public Safety shall be deemed by virtue of this Section or any part of this Resolution a regular member of the fire department of the Cities of Dallas or Fort Worth within the meaning of State Laws governing regular fire fighting personnel. No Public Safety Officer assigned to the Fire Service of the Airport Department of Public Safety shall be eligible for membership in any Firemen, Policemen and Fire Alarm Operators Pension Fund created pursuant to Article 6243a, Vernon's Annotated Civil Statutes; however, such personnel of the Dallas-Fort Worth Regional Airport Board shall be eligible for membership in the Em- ployees' Retirement Fund of the Dallas-Fort Worth Regional Airport Board, upon meeting the general membership requirements , and such personnel shall be deemed to be paid law enforcement officers for the purpose of qualifying for survivors' assistance benefits under the provisions of Article 6228f, Vernon's Annotated Texas Statutes . SECTION 6. Duties of the Chief of the Airport Department of Public Safety a. The Chief of the Airport Department of Public Safety shall have immediate direction and control of the Airport Department of Public Safety, subject to the supervision of the Executive Director of the Airport Board, and also subject to such rules, regulations and orders as the Executive Director of the Airport Board may prescribe not inconsistent with the Rules, -4- Regulations , orders and resolutions of the Dallas-Fort Worth Regional Airport Board, and shall thereunder promulgate all orders , rules and reg- ulations for government of the Police Service and the Fire Service of the Airport Department of Public Safety. b. The Chief of the Airport Department of Public Safety shall keep his office open at all hours, day and night, and either he or his immediate subordinates shall be in constant attendance at such office. He shall devote his entire time to the discharge of his official duties. c. The Chief of the Airport Department of Public Safety shall pre- scribe the uniforms and badges for all members of the Airport Department of Public Safety, the manner in which they shall be worn, general guide lines regarding personal appearance, and shall direct the manner in which the members assigned to the Police Service shall be armed. d. The Chief of the Airport Department of Public Safety shall.take all necessary measures to protect the Airport and the property of its inhab- itants, users and visitors from destruction by fire or conflagration, and he shall provide rescue equipment, personnel and services for emergency use. e. There shall be no separate office of Airport Fire Marshal, but the duties thereof shall be performed by the Chief of the Airport Department of Public Safety or his duly authorized representative. When acting as such Airport Fire Marshal, the Chief of the Airport Department of Public Safety or his representative shall inspect the cause and origin of every fire, and shall have power to summon witnesses before him to testify in -5- relation to any matter which is the subject of such inquiry and investigation, and may require the production of books , papers or documents deemed per- tinent thereto. He shall be empowered to administer oaths and affirma- tions to persons appearing as witnesses before him, and it shall be the duty of the legal counsel to the Airport Board to assist the acting Airport Fire Marshal in all such investigations . f. The Chief of the Airport Department of Public Safety shall estab- lish within the Fire Service an Airport Bureau of Fire Prevention, and he shall appoint such deputy fire marshals and fire prevention inspectors from within the personnel of the Fire Service as may be necessary to per- form the duties thereof as prescribed by the Airport Fire Prevention Code, and who shall serve without additional compensation for the performance of such duties . g. The Chief of the Airport Department of Public Safety shall have the exclusive right to suspend, reduce in rank or dismiss any of the officers or members who may be under his jurisdiction and control for incompetence, neglect of duty, immorality, ,drunkenness, failure to obey orders given by the proper authority, violations of the Department's rules and regulations or for any other just and reasonable cause. If any officer or member be suspended, reduced in rank or dismissed as herein provided, the Chief of the Airport Department of Public Safety shall forthwith in writing certify the fact, together with the cause for the suspension, reduction in rank, or dismissal, to the Executive Director of the Airport Board, who shall, within -6- five days from the receipt of such certificate, if demanded by the affected officer or member, proceed to inquire into the cause of the disciplinary action and render judgment thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal, and such judgment shall be final, except as may be otherwise provided by resolution of the Airport Board. SECTION 7. Duties and Powers of the Police Service a. Every officer assigned to the Police Service of the Airport Department of Public Safety shall have issued to him a certificate of ap- pointment signed by the Executive Director of the Airport Board, in which the date of his appointment shall be stated, and such shall be his commis- sion. b. Each officer assigned to Police Service shall, before entering upon his duties, subscribe to an oath that he will faithfully, without fear or favor, perform the duties of his office and such oath shall be filed and preserved with the records of said Service, and in addition, the several officers and members of said Service shall, if so required by the Dallas- Fort Worth Regional Airport Board, give bond in such penal sum and with such security as the Airport Board may prescribe by resolution. The cost of such bond shall be borne by the Airport Board. c. It shall be the duty of each officer of the Police Service: (1) To use his best efforts to prevent the commission within the Dallas-Fort Worth Regional Airport of offenses -7- against the laws of the State, the Federal Government and against the Rules and Regulations of the Airport Board; (2) To observe and enforce all such laws , and Rules and Regulations; and (3) To preserve the public health, peace and safety. d. All officers of the Police Service shall execute any criminal warrant, warrants of arrest, any writ, subpoenas or other process that may be placed in their hands by any duly constituted authority. e. It shall be the duty of officers of the Police Service to obey the orders of the Chief of the Airport Department of Public Safety, communi- cated to them in person or delivered to them in writing, and to keep a faith- ful ward and watch in the areas of the Airport which may be assigned to them. They shall be further authorized to go into any building or other place within the Airport in which any person may have taken refuge or be, who has in their presence or hearing committed a felony or breach of the peace, where any felony or breach of the peace is about to be committed or any noise, alarm, outcry or disturbance is being made. f. All officers of the Police Service, in the exercise of their sound discretion may arrest, without a warrant therefor, any person found under circumstances reasonably tending to show that such person has been guilty of some offense against any Rule or Regulation of the Airport Board, or against the Laws of the State of Texas or the United States of America, or is about to commit some offense against some Rule or Regulation of the Airport -8- Board, or some Law of the State of Texas or the United States of America. g. It shall be the duty of every officer of the Police Service to make arrests, without a warrant, when a state or federal law or a Rule or Regulation of the Airport Board has been violated in his presence. But in making such arrest and in conveying the offender to a lawful place of con- finement, he shall use only such force as is necessary to effect his purpose. h. In all cases of the arrest of any person without a warrant, the officer of the Police Service shall bring such person forthwith before any magistrate within whose jurisdiction the offense may have occurred. SECTION 8. Duties and Powers of the Fire Service a. Every officer of the Fire Service shall have issued to him a certificate of appointment signed by the Executive Director of the Airport Board in which the date of his appointment shall be stated, and such cer- tificate shall be his commission. b. It shall be the duty of officers of the Fire Service to obey the orders of the Chief of the Airport Department of Public Safety, communi- cated to them in person or delivered to them in writing, and to keep a faithful ward and watch in the areas of the Airport which may be assigned to them. SECTION 9. Savings Clause Should any section, paragraph, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid for any reason, the re- mainder of this Resolution shall not be affected thereby, and shall remain -9- in full force and effect, and the same shall not affect the validity of the remaining portions of this Resolution. SECTION 10, Effective Date This Resolution shall take effect upon approval by the City Councils of Dallas and Fort Worth. PASSED, APPROVED AND ORDERED this � day of October, A.D. 1971 . ATTEST: ,/- h r `' -- �!Chairman Dallas-Fort Worth Regional Airport Board Secretary Dallas-Fort Worth Regional Airport Board -10- City of Fort Worth, Eexas U`;s n Mayor and Council Communication, a*D" VAMP:4 REFERENCE SUBJECT: Creation of Regional Airport PAGE GRAHAM NUMBER y NUMBER Department of Public Safety 1 of 1 10/26/71 G-1848 HiMES The contract and agreement between the Cities of Fort Worth and Dallas provid- WALLS ing for the construction and operation of the Dallas-Fort Worth Regional Airport provides that the Airport Board-shall ha a the power, by a duly adopted order, to adopt and-enforce rules and regulations for an orderly, safe, efficient and sanitary operation of the airport. This authority includes the power to employ and constitute its own security force and peace officers with full police powers, including the power to make arrests when necessary, to prevent or abate the commission of any offense against any duly adopted rule or regulation of the Board and against the laws of the State of Texas or the United States of America, when any such offense or threatened offense occurs on any lands or facilities controlled and/or operated by the Airport Board. The contract between the cities and the laws of the State of Texas provide that such orders by the Airport Board shall become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth, Accordingly, the Dallas-Fort Worth Regional Airport Board on October 5, 1971, approved Resolution No. ,71-173,- which creates an Airport Department of Public Safety, establishes the jurisdiction of this department, prescribes duties for the Aepartment, provides for a police service and a fire service within the department and provides that officers of the police service shall have the power and authority of-police officers within the Dallas-Fort Worth Regional Airport property. The resolution also provides for chief of the Airport Depart- ment of Public Safety and prescribes his powers and duties. The Airport Board has now requested that, the City Councils of Dallas and Fort Worth approve this resolution in order that it may become effective. The proposed creation of the Airport Department of Public Safety has been reviewed by the City Legal Department and other appropriate City officials, who concur in its adoption. Recommendation It is recommended that an ordinance be adopted by the City Council of the City of Fort Worth, Texas, pursuant to Article 46d-14 Revised Civil Statutes of Texas approving Resolution No. 71-173 of the Dallas-Fort Worth Regional Airport which creates an Airport Department of Public Safety and provides that the resolution .of the Airport Board shall have the same force and effect within the boundaries of the Dallas-Fort Worth Regional Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth. RNL:ms SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY PPROVED ❑ OTHER (DESCRIBE) (f23 CITY SECRETARY /Ell DATE CITY MANAGER 1 DRAFT M&C SUBJECT: Creation of Airport Department of Public Safety D 9 � 46 The contract and agreement between the Cit allas,� � ^-' providing for the construction and operation of the Dallas- Fort Worth Regional Airport.BAptoQ provides that UMB Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for an orderly, safe, efficient and sanitary operation of the airport, employ and constitute its own security force and peace fficers with full police powers)including the power to make arrests whe necessary, to prevent or abate the commission of any offense against a y du adopted rule or regu- lation of. the Board and against the laws of th to f Texas or the United States of America, when any such offens th ened offense occurs on any lands or facilities controlled and/or op ra a by the Airport Board. The con- tract between the cities and the laws of the State of Texas provide that such orders by the Airport Boa a 1 , ecome effective only upon approval of the governing bodies of the cit es f Dallas and Fort Worth. Accordingly, the Dallas-For Worth Regional Airport Board on October 5, 1971, pa enzI,. approved nud Resolution No. 71-1731which creates an Airport Department of Public Safety, establishes the jurisdiction of this department, prescribes duties for the department, provides for a police service and a fire service within the department and provides that officers of the police service shall have the power and authority ofpolice officers within the tt Dallas-Fort Worth Regional Airpor . The resolution also provides for chief of the Airport Department of Public Safety and prescribes his powers and duties. The Airport Board has now requested that the City Councils of Dallas and Fort Worth approve this resalution .in order that it,become effect- ive. The proposed creation of the Airport Department of Public Safety has been reviewed by the City Legal Department and other appropriate City officials,who concur in its adoption. Recommendation It is recommended that an ordinance be adopted by the City Council of the City of Fort Worth, Texas, pursuant to Article 46d-14 Revised Civil Statutes of Texas approving Resolution No. 71-173 of the Dallas-Fort Worth Regional Airport which creates an Airport Department, of Public Safety and provid 12,0that the resolution of the Airport Board shall have the same force and effect within the boundaries { of the Dallas-Fort Worth Regional Airport as an ordinance by the City Council of 5 the City of Fort Worth would have in the City of Fort Worth. RNL/3e November 18, 1971 Mr. Dean Moore Dallas-Fort Worth Regional Airport Board 9. 0. Drawer DFW Arlington, Texas Dear Dean: Inclosed are statements and certifications of publication of Ordinances Nos. 6571, 6572, 6573. and 6574. It is my understanding that payment for the publication of these ordinances is to be made by the Dallas-Fort Worth Regional Airport Board. Yours truly, Roy A. Bateman City Secretary RAB:mhl Enclosures