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HomeMy WebLinkAboutOrdinance 16799-01-2006ORDINANCE NO. 1 G799-1-2000 AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, PURSUANT TO V.T.C.A., TRANSPORTATION CODE, .CHAPTER 22, SUBCHAPTER D, APPROVING RESOLUTION NO. 2g05- 12-480 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WH1CH AMENDS CHAPTER 4 SECTION 6-1 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD CODE OF RULES AND REGULATIONS; PROVIDING FOR A FINE NOT TO EXCEED TWO THOUSAND ($2,ggq.Oq) DOLLARS PER DAY FOR ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F of the Contract and Agreement, as arraended, between the City of Fort Worth, and the City of Da11as, 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 far the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe reasonable penalties for the breach of any rule or regulatian; and WHEREAS, V. T. C. A. Transportation Code, Chapter 22, Subchapter D and Section 8.F of the Cantract and Agreeanent, as amended, provides 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 Fart Worth and Dallas and publication as therein provided; and WHEREAS, pursuant to the foregoing, the Dallas-Fart Worth International Airport Board on December 1, 2005 passed, approved, and ordered Resolution No. 2005-12-480, which amends Chapter 4 Section 6-1 of the Dallas-Fart Worth International Airport Board Cade of Rules and Regulations, and WHEREAS, the Airport Board has requested that the Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 2005-12-480 in order that it may become effective as aforesaid; 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. 2005-12-480 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 Na. 2005-12-480 of the Dallas-Fort ~~Jorth 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 No. 2005-12-480 will subject the violator to a penalty, and stating that the full text of Resolution No. 2005-1.2-480 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. 2005-12-480 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. 2005-12-480 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. 2005-12-480, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Any person, firrri or corporation who violates, disobeys, omits, neglects or refuses to Comply with or who resists the enfarcelnent of any of the previsions of this ordinance or Resolution No. 2005-12-~80 shall be fined not more than Two Thousand Dollars 02000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION G. All rights and remedies of the City of Fart 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 ~. That the City Secretary of the City of Fart Worth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance far 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 FORM AND LEGALITY: David Yett, City Attorney By: ,~,.' Ajssi~st)an~t )City Attorney Date: 1 ```7f-C~ Adopted: Januar 31 2006 Effective: ~ ~~ f ~~ Mayr and ®unci~ r~nr~n~ti $_ COUNCIL .ACTION: Approved on 113112006 -Ordinance Noe 16799-1-2006 ®ATE: Tuesday, January 31, 2006 L.OG NAME: 12DFWI=ARES REFERENCE N®.: '~~G-15075 RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving DallaslFort Worth International Airport Board {Airport Board) Resolution 2005-12-480 which amends Chapter 4, Section 6-1 Fares afi the Code of Rules and Regulations of the Airport Board to increase the incentive fares that taxicab driver, holder, or owner shall charge a passenger. DISCUSSION; At its meeting on December 1, 2005, the Airport Board approved an amendment to Chapter 4, Section 6-1 Fares of the Airport Board's Code of Rules and Regulations. Both state law and the 1968 Contract and Agreement between the cities of Fart Worth and Dallas require that amendments to the Code of Rules and Regulations of the Airport Board must be approved by the City Councils of both cities. The Cade of Rules and Regulations of the Airport Board requires a taxicab driver, holder nr owner to not quote, request, or charge a fare for the operating of a taxicab at the Airport that is inconsistent with the rates authorized by the City of Dallas. On November 9, 2005 the City Council of Dallas authorized an increase in taxicab fares. As a result of the increase by the City of Dallas an amendment to the Code of Rules and Regulations of the Airport Board was proposed. The Airport Board determined that the proposed revision to the Code of Rules and Regulations of the Airport Board would be consistent with the rates authorized by the City of Dallas. The incentive fare for each trip passing through a parking plaza and terminating inside the Airport boundary will be increased from $13.50 to $1A~.50. The incentive fare for each trip passing through a parking plaza and terminating outside the Airport boundary will increase from $15.00 to $17.00. FISCAL INIrORMATIONICERTIFICATION: The Finance Director certifies that this action will have no material efifect on City funds. TO FundlAccountlCenters )FROM IwundlAccountlCenters Submitked far City Manager's Office by: Originating Department Head: Additional Information Contact; Richard Zavala {Acting) {6222} David Yett {7623) Melinda Ramos (7631) Logame: 12DFWF.ARES Page I of 2