HomeMy WebLinkAboutOrdinance 16931-05-2006ORDINANCE NO. 16931-05-2906
AN ORDINANCE AMENDING GHAPTER 3, "AIRPORTS AND AIRCRAFT,"
ARTICLE VII "FORT WORTH ALLIANCE AIRPORT ACCESS," OF THE CODE
OF THE CITY OF FORT WORTH, TEXAS (1986}, AS AMENDI~D, PROVIDING
CATEGORIES FOR AIRCRAFT USERS AT FORT WORTH ALLIANCE
AIRPORT; TO REFLECT THE CHANGES IN ACCESS FEES FOR AIRCRAFT
USERS AT FORT WORTH ALLIANCE AIRPORT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, persons who operate aircrafit directly between property that is off of the
Airport premises and property #hat is on the Airport premises at f=ort Worth Alliance Airport are
required to pay certain access fees in order to conduct aviation related activities on the Airport;
and
WHEREAS, this fee requirement was originally intended to create a fee structure for
"through the fence" operations that would allow for off airport development and, as a result of
the new development, subsidize airport revenues; and
WHEREAS, this fee structure has proven to be inefficient and cost prohibitive for
General Aviation operators, thus resulting in minimal corporate development on the airport; and
WHEREAS, the creation of aircraft user categories will require all users to pay similar
fees determined by the aircraft category; and
WHEREAS, the competitive fee adjustment will create additional revenue through the
attraction of new users; and
WHEREAS, it is the desire of the Gity Council to amend the language of Chapter 3,
Article Vll to refilect the changes in categories of aircraft users and fee changes for aircraft users
at Fort Worth Alliance Airport.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIW CITY OF FORT
WORTH, TEXAS;
SECTION 1.
Chapter 3, "Airports and Aircraft," Articie VII "Fart Worth Alliance Airport Access, " of the
Code of the City of Fort Worth, Texas {9986} as amended, is further amended to read as
follows:
ARTICLE VII. (FORT WORTH ALLIANCE AIRPORT ACCESS
Sec. 3-28U. Short title.
This article shall be known and may be cited as the "Fort Worth Alliance Airport Access
Ordinance."
Sec. 3-281 Definitions.
Access area means that portion of an off-airport parcel that is designated by the off_airport user
of that parcel as the only area of such parcel in which aircraft may be maneuvered, stored,
repaired, operated or otherwise permitted, except for aircraft in the process of original
manufacture, which will be permitted an any part of such parcel until the original manufacturing
process far such aircraft has been completed. The access area shad not include any part of an
access taxiway.
Access taxiway means an aircraft taxiway located an property other than the airport that
connects into a taxiway on the airport and that is constructed for the purpose of allowing aircraft
to taxi between the airport and off-airpnrt parcels.
Affiliate means a person or entity owning an interest in an off-airport parcel.
Airport means the area of land known as the Fort Worth Alliance Airpnrt which is designated
and set aside for aviation related activities and which is to be used in the interest of the public
for such purpose.
City means the City of Fort Worth, Texas.
FAR means the Federal Aviation Adminis#ration.
Off-airport parcel means any tract of iand not located on the airport that abuts or is adjacent to
or will abut or be adjacent to an access taxiway as such may exist from time to time.
Off airport user means an owner ar user {or its affiliate} of an off-airport parcel who desires to
operate aircraft directly between its off-airport parcel and the airport. An off-airport user shall be
one of the following:
(i) Air carrier or large aircraft user. Air carrier or large aircraft user means an owner
or operator of aircraft over i30,00Q pounds maximum certified grass landed
weight {"MCGLW"} used far providing commercial ar non-commercial aviation
services.
(ii) General Aviation or small aircraft user. General Aviation nr small aircraft user
means an owner or operator afi aircraft Tess than 80,000 pounds MCGLW used
for providing commercial or non-commercial aviation services.
Sec. 3-282, Access right.
(a) Access to the airport is granted to off-airport users, subject to the terms and conditions
of this article and of the access permit granted to each off-airport user, as provided in
section 3-284 of this article, {the "access right"}. The access granted shall be for the
purpose of apowing the off-airport user to conduct aviation related activities and aircraft
operations an the access area of its off-airport parcel, so fihat it will have unobstructed
access to airport taxiways leading to runways, for the purpose of maneuvering, taking
off, and landing of aircraft. The access right granted is irrevocable and shall be in farce
and effect so fang as the airport is used far airport purposes.
(b} The city shall execute a written grant, in the farm of the attached Exhibit "A,"* granting
and establishing this access right as a property right appurtenant to off-airport parcels
(the "access grant"). The city manager is authorized and directed to execute and record
in the deed records of Tarrant and Denton Counties, Texas, an access grant covering
off-airport parcels, when requested to da so by the owner or user of the parcel.
Sec. 3-283. C~fif-airport parcei uses; access area; access taxiways; prohibitecB uses,
(a} Each off-airport parcel may contain an access area, as defined in section 3-281 ofi this
arkicfe. The access area shall be separated from the remainder of the off-airport parcel
by a wall, fence or other physical barrier. The city ar any other regulatory authority
responsible #ar operation and safety of the airport shall have the right to enter the access
area to inspect or perform other regulatory requirements. All safety and operational rules
and regulations (hereinafter "regulations") applicable to the airport shall be applicable to
access areas. No rules or regulations of the city shall affect the access right, other than
this article and the regulations.
(b} An off~airport user may construct access taxiways to connect its parcel with airport
taxiways. The number, exact location and configuration of the access taxiways will be
determined from time to time by the off-airport users, subject to the approval ofi the city
and the FAA; provided, however, the off-airport users shaft be afforded maximum
flexibility as to the number, location and configuration of the access taxiways subject
poly to limitations imposed by reason of aperatinnal safety and efficiency considerations
as determined by the city and the FAA. Access taxiways will be available for use by aff-
airpnrt users an off-airport parcels abutting any portion of such taxiways, it being the
intent of the city to maximize the number of off-airport users that can take advantage of
the access right. Plans and specifications for taxiways shall be approved by city prior to
construction, and taxiways shall be designed and constructed to meet the same
standards of taxiway construction as those for airport taxiways. Off-airport users shall
plat access taxiways according to state statutes and city procedures far platting;
provided, however, that simultaneous platting of the property adjacent to such taxiways
shall not be required.
{c) After completion of construction, inspection and approval by city, any portion of the
access taxiways located nn airport property shall be dedicated to the city and shall be
maintained by city. The city shall maintain any dedicated portion of the access taxiway
and related lighting in accordance with commercial aviation standards far maintenance
of public taxiways.
(d) Fixed-based operators ("Fr34's") will be operated only an the airport. No business
offering to the general public FBO services will operate nn an off-airport parcel. Services
offered by 1=BO's to the general public are: maintenance and repair of aircraft; aircraft
storage; inspection and licensing of aircraft; sale of miscellaneous aircraft parts,
equipment and accessories; flight training for small general aviation aircraft; and sale of
fuel. Notwithstanding the above, an off-airport user is not precluded from conducting
aviation uses on an off-airport parcel which (1) support the off-airport user's awn aircraft
(i.e., storage corporate flight department, maintenance and self-fueling), or (2} are
associated with an off-airport user's aviation related business of manufacturing of ar
performing major repairs and modifications an aircraft or aircraft parts and components.
E=xcept as specifically referenced above, an off-airport parcel may be used for any lawful
purpose, subject to applicable zoning regulations.
Sec. 3-284. Access permit.
(a} Rpp!lcatlon; granting of permit. Any off-airport user who desires access to the airport
from an off-airport parcel shall apply to the city's director or his designated
representative for an access permit. The off-airport user shall deliver to the director or
his designated representative a survey plat of the access area, including a computation
of the size of the access area in square footage, on that user's off-airport parcel. The
director or his designated representative shall promptly inspect such access area.
{b) COndition5 far granting; access permit granted. If the survey plat and access area
comply with terms and conditions of fihis article and the regulations, the director or his
designated representative shall issue an access permit. The granting of the access
permifi shall entitle the holder to commence using the access right granted in section 3-
282. The permit shah continue for an indefinite period, unless surrendered by the holder
or revoked by the director or his designated representative.
{c) Contents of permit; amendment of permit. The access permit shall specify the size of the
access area and the initial fee to be charged pursuant to section 3-285 of this division.
An off-airport user shall have the right to change the access area an its off-airport parcel
from time to time provided that such user notifies the director or his designated
representative of such change, and provides a new survey of the revised access area,
and applies for an access permit for such revised access area, which permit shall be
issued if such revised access area complies with the provision of this article and the
regulations.
(d) Revocation; reinstatement. The director may revoke the access permit of any off-airport
user who either (1}fails to pay its applicable fee or otherwise to comply with any
provision of this article or the regulations, with such failure not being corrected within
twenty (20} days after written notice thereof is given by the director to such user, or (2}
fails to pay prior to delinquency, the lawfully assessed and levied city ad valorem taxes
on its off-airport parcel. Any access permit that has been revoked shall be reinstated
upon payment of such flee, the correction of any such noncompliance or the payment of
such taxes plus all penalties and interest, as applicable.
{e) Prohibition against unpermitted access; penaify. It shall be unlawful for any person to
utilize an access right unless such person holds a valid access permit. Violation of this
provision shall constitute a misdemeanor and be punishable as prpvided in section 1-6
of this Code.
Sec. 3-285. Access permit fee, landing fee; fuel flowage fee; time for payment; amount of
fee; abatement of fee; use of fees by city.
{a) At the time of issuance of an access permit pursuant to section 3-284, off-airport users
shall be charged a permit fee (the "fee" or "permit fee"}. No other fee shall be charged
for use of the access right.
(i} Rir carrier ar large aircraft user. The fee for an air carrier ar large aircraft user
shall be at a fixed rate of One Thousand Five Hundred Dollars ($1,500.00} per
month with a minimum annual fee of Eighteen Thousand Dollars ($1$,000)
payable beginning on the effective date of such user's access permit and
annually thereafter for so long as such access permit remains effective. The fee
shall be charged an a Cify fiscal year basis (C}ctober 1 through September 30)
and shall be prorated for any partial year during which such user's access permit
is effective. The fee due by such user shall be billed by the City not later than
October 1 of the year for which such fee is due, and shall be due and payable not
later than November 1 of that year.
(ii) General aviation ar small aircraft user. The fee for a general aviation or small
aircraft user shall be at a fixed rate of Five Hundred Dollars {$500.00} per month
with a minimum annual fee of Six Thousand Dollars ($6,000) payable beginning
on the effective date of such user's access permit and annually thereafter far sa
Inng as such access permit remains effective. The fee shall be charged on a City
fiscal year (October 1 through September 30} and shall be prorated far any
partial year during which such user's access permit is effective. The fee due by
such user shall be billed by the City not later than October 1 of the year for which
such fee is due, and shat! be due and payable not Eater than November 1 of that
year.
(b} In addition to the permit fee, an air carrier or large aircraft user will pay the landing fee as
established by the then current Schedule of Rates and Charges published by the Gity of
Fart Worth or as negotiated.
(c} In addition to the permit fee, a genera! aviation or small aircraft user will pay the
standard fuel flowage fee as established by the then current Schedule of Rates and
Charges published by the City of Fort Worth or as negotiated. The fuel flowage fee will
be paid directly to the City of Fort Worth if the general aviation or small aircraft user
conducts self-fueling or by the approved public fuels permitted agent in accordance with
the Airport Minimum Standards.
{d) All fees {whether permit fee, landing fees, fuel flowage fees or otherwise) are subject to
adjustments from time to time as established by the then current Schedule of Rates and
Charges published by the City of Fort Worth or as negotiated.
(e) All revenues generated from the airport, including, but not limited to, the fees from off-
airport users, fuel flowage fees, and landing fees shall first be used by the city to operate
and maintain the airport as a high quality, first class airport. Any excess funds may be
used far aperatinns at other city awned airports.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of 1=art Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
it is hereby declared to be the in#entian of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph ar section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment ar decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not effect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such void, ineffective
or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION ~.
This ordinance shah take effect on October 1, 2D06, but only after its passage and after it
has been twice published in the official newspaper of the City, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
r ~~CC
Z_4~b
Assistant ity A arney
Date: ~~
ADOPTED: ~f R'1,~
EFFECTIVE:
F-
G6ty of Fvr~ VIOvr~h, T°e~ras
Nay®r end ~vuncil ~®mmuni~~ti®n
COUNCIL ACTION: Approved on 5/9/2006 - ®rdinance No. 16931-05-2006
®ATE: Tuesday, May 09, 2006
LOG NAME. 55ALL ACCESS
REFERENCE NO.: G-'15'193
SUBJECT:
Adopt an Ordinance Amending City Ordinance No. 10'113 Known as the Fnrt Worth Alliance Airport
Access Ordinance
RECOMMENDATION:
It is recommended that the City Council adapt an ordinance amending City Ordinance No. 10113 known as
the Fart Worth Alliance Airport access ordinance.
DISCUSSION:
On May 17, 19$8 the City Council adapted Ordinance No. 10113, which amended Chapter 3, "Airports and
Aviation" of the Cade of the City of Fart Worth by adding Article VII entitled "Alliance Airport Access". This
amendment provided far the right of access to the Fart Worth Alliance Airport from areas located outside
the airpart boundaries and established an access fee to be paid by off airport users accessing the airport.
Although the original intent was to create a fee structure for "through the fence" aperations that would both
allow for off airport development and subsidize airport revenues the ordinance has proven to be inefficient,
There is currently only one tenant subject to the access fee, the Drug IMnforcement Agency (DEA).
Under the current Ordinance No. 10113, off airport users of Fort Worth Alliance Airport pay the same fuel
flowage fee as general aviation users of the Airport, plus an access fee computed by multiplying the square
footage of off airpart land used far aircraft aperations by the current access rate, which is currently $.21 per
square fact. This fee structure has proven to be a deterrent to aff airpart development for two reasons: (1)
current industry standards da not require commercial operators to pay for the use of airports through fuel
flowage fees; air carriers typically pay for the use of airports they operate through the payment of landing
fees; (2) the access rate as calculated under the current Access Ordinance No. 10113 generally results in a
significant differential from an airpart users and has proven to be a constraint in attempting to attract new
development.
City staff recommends that the access fee be amended to reflect the fallowing:
General Aviation Developments
Pay the same fuel flowage fee as on airpart users plus an annual fee of $500.00 per month ($6000.00 per
year). The fuel flowage fee will be reviewed and adjusted annually based an the upward percentage
change, if any, in the Consumer Price Index {CPi). The access fee will be adjusted every five years based
an the upward percentage change, if any, in the Consumer Price Index (CPI) far the previous five year
period.
Commercial Developments
Pay the same landing fee rate as an airport users plus an annual fee of $1,50{7.00 per month ($18,000.00
Lognan~e: SSALL ACCESS page 1 of 2
per year). The landing fee rate will be reviewed and adjusted annually based on the upward percentage
change, if any, in the Consumer Price Index (CPI). The access fee will be adjusted every five years based
an the upward percentage change, if any, in the Consumer Price Index (CPI) far the previous five year
period.
City staff is confident that these revisions will help facilitate new development and increase airport revenues
as was originally envisioned with the establishment of the ordinance. Staff recommends the amendment to
Ordinance Na. 10113 be effective an October 1, 2006.
FISCAL INFORMATIONICERTiFICATION:
The f=inance Director certifies that this action will have na material effect an City funds.
TO ~FundlAccountlCenters
~ubrntted for_City Manager's Office gy__
Oric~inating__De~artrxaent Head:
Additional information Contact.
~~
FROM_ Fu ndlAccou ntlCenters
Marc Ott (8476)
Mike Feeley {871-5403)
Mike Feeley (871-5403)
Lognarnc: 55ALL ACCESS i3age 2 of'2