HomeMy WebLinkAboutOrdinance 19416-10-2010 ORDINANCE NO. 19416-10-2010
AN ORDINANCE AMENDING CHAPTER 3, "AIRPORTS AND
AIRCRAFT" OF ARTICLE II, "DEPARTMENT OF AVIATION
AND AVIATION ADVISORY BOARD" OF THE CODE OF THE
CITY OF FORT WORTH, TO CLARIFY APPOINTMENT OF THE
DIRECTOR AND DEPARTMENTAL EMPLOYEES; TO
ESTABLISH THE COMPENSATION PLAN FOR THE
DIRECTOR; TO RESTATE THE COMPOSITION,
APPOINTMENT, ORGANIZATION, JURISDICTION AND SCOPE
OF ACTIVITIES OF THE AVIATION ADVISORY BOARD; TO
DELETE UNNECESSARY SECTIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND NAMING AN EFFECTIVE DATE.
WHEREAS, in 1983, the City Council adopted an ordinance for the
establishment of a Department of Aviation and Aviation Advisory Board; and
WHEREAS, on November 12, 1991, the Fort Worth City Council adopted
Ordinance No. 10953 (M&C G-9381) amending Sections 3-17 through 3-20, inclusive,
and Section 3-24 to address the appointment, powers, and responsibilities of the Director
and the Advisory Board; and
WHEREAS, on December 3, 1992, the Fort Worth City Council adopted
Ordinance No. 11214 (M&C G-9994) amending Sections 3-20 and 3-24 to address the
Advisory Board creation, composition, appointment, compensation, and jurisdiction; and
WHEREAS, on September 30, 2008, the Fort Worth City Council adopted
Ordinance No. 18318-09-2008 (M&C G-16303) amending Section 3-28 to reflect
organizational changes; and
WHEREAS, it is desirable to amend the City Code to clarify roles and
responsibilities of both city staff and the Aviation Advisory Board.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,TEXAS:
SECTION 1.
Section 3-16, Chapter 3, "Airports and Aircraft", Article II, "Department of
Aviation and Aviation Advisory Board" of the Code of the City of Fort Worth (1986) is
amended to define who shall appoint the director and set the director's compensation, to
read as follows:
Sec. 3-16. - Department established; director.
A department of aviation is hereby established, which department shall be
under the supervision of the director of aviation, who shall be subject to
appointment and removal by the city manager. The salary of the director of
aviation shall be in accordance with the compensation plan of the city.
SECTION 2.
Section 3-17, Chapter 3, "Airports and Aircraft", Article Il, "Department of
Aviation and Aviation Advisory Board" of the Code of the City of Fort Worth, (1986) is
amended to remove the language regarding the appointment and compensation of the
director and to rename the Section"Appointment of employees", to read as follows:
Sec. 3-17. - .Appointment of employees.
The director shall be subjeet to appointment and y the-cry
manage.. The Sala of the a;reete- shall be in aeeor-danee with the e ion
of aviation shall have the power to appoint, employ and remove
such officers, assistants, employees and personnel as he may deem necessary for
the efficient administration of the affairs of the department of aviation and to
prescribe and fix their duties, scope of authority and qualifications.
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SECTION 3.
Section 3-19, Chapter 3, "Airports and Aircraft", Article I1, "Department of
Aviation and Aviation Advisory Board" of the Code of the City of Fort Worth (1986) is
amended to restate the responsibilities of the director in a manner consistent with other
departments, to read as follows:
Sec. 3-19. - Same—Responsibilities.
The responsibilities of the direeter shall inel e, but not be limited to,
r-eeemmendations to the aviation ady sefy beard the pity manager- and the pity
eetincl regarding any extension, �p�oPemer�-an ditions
to e air-pet4s
.system; enLfnVreing"'the—fules and regulations for- the ge'veemm72Gent of e air-Pe
system; monitoring the leasing. „H ands and granting of ee nee o:�nc._n frann)-ises
for- the privilege of doing business in or on the properties of the air-pol4s
systems;
slips- e o t th,ndations o e aviation ady sory beard' the pity manager-and th
;ty n eil for seh,ed„ling rental rates and other- foes and eh,ar-ges for- tenants and
other lessees of airport p pert..•' r e ndin„ and submitting to th,e
e ..' e
:ty manager- all pheations far use and operation of landing fields; enfer-einn
traffic laws Aid-a}l-pOi4 propet4` ; establishing zones for- loading or nleadin�
passengers fr-afn vehieles at the air-peA; establishing leading zones fef the leadin
and d ater-'mil-at th�pot4; designating easior the par-king of
> system; designating areas
for plaeing, disear-ding or- depositing in any ffianner- any litter-, offal, garbage,
trash, debris junk n any ref;,se on the a et4s• and other- responsibilities
be—as signed by the eity managen 44iepr-iniar-y responsibility or- the design,
establishment, romulgatie coordination of speeial poliEe fire-and
health instfuetions and pr-eeedufes effeetive at and tipon eity air-fields shall r-es
with the direeter-, advised and assisted by the aviation adviser-y boar-d, the ehief e
pahoethe fir Y;l,the direeter—of the-depo rentof publie health, th
direetoi--of-the-deptaftment of tr-anspoAation and publin or-ks and sti& nth,er
depai4meats--ate agencies- of the eity govemment-as speeial problems
eifetimstane , and other-duties and fespensibilities from time to tifn-e
designated.
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The director of aviation shall be responsible for planning, managing,
leasing and operating the city's aviation facilities. The director of aviation shall
additionally perform any other function assigned by the city manager to the extent
authorized under the charter of the city and within the guidelines as have been or
may be from time to time be adopted by the city council applicable to the
operation of aviation facilities.
SECTION 4.
Section 3-20, Chapter 3, "Airports and Aircraft", Article II, "Department of
Aviation and Aviation Advisory Board" of the Code of the City of Fort Worth (1986) is
amended to restate the composition and appointment of the Aviation Advisory Board in a
manner consistent with other city advisory boards, to read as follows:
Sec. 3-20. -Aviation advisory board—Created; composition; appointment;
compensation.
The city council shall appoint an aviation advisory board to be comprised
of residents to act in an advisory capacity in conjunction with the aviation
department. The board shall consist eemposed of nine (9) members who shall
serve in places numbered 1 through 9. No per-son shall be eligible for-a ^tmen
t6 fnviirvef`mip--v=r the board who-is--not-crcicii @n-(fir the United rStates--and
-u
resident of�ecity. The members of e-bAs'fshall seine without eermpeasatie
and sha4l be subjeet to all i:ules and r-egulatiens whieh may be adopted by the eit
eetineil regarding appointive beards and eemmissions of the eity. The aviatie
SECTION 5.
Sections 3-23 and 3-24, Chapter 3, "Airports and Aircraft", Article II,
"Department of Aviation and Aviation Advisory Board" of the Code of the City of Fort
Worth (1986), are amended to restate the advisory board organization, frequency of
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meetings, jurisdiction, and scope of activities in a manner consistent with other boards,
to read as follows:
Sec. 3-23. - . Meetings.
Evet-y two (2) years the aviation advisevy board shall eleet one (1) of
seer-etar-)-, whe need not be a member-of the beafd. if a fnember of the board is tie
appointed as seer-etat=y, then an employee of the eity may be appointed seer-etary.
°
The aviation advisory board shall hold regular monthly meetings and such special
meetings as may be necessary.
Sec. 3-24. - Same—Powers; jurisdiction; scope of activities.
(WThe aviation advisory board, subje°t to the at thee-ty of the e t.. eetmeil, shall
have the authority to review and recommend to the city manager and city council
any and all plans of any extensions, improvements and additions to the airport
system and master plans. I the same manner sue.h The board may also_
(a) d Recommend the adoption of rules and regulations for the aviation
govermnent of the air-pe system;
The beard will evict.. Review and comment on the annual operating budget
tiand capital improvement requests;
(c) The aviation ,,dvis°.-, board will make Make recommendation to the eit3`
manager- and °:t y eouneil, eensistent m with the ehai4er, concerning the leasing of
lands and granting of concessions or franchises for the privilege of doing business
in or on the properties of the aviation aimefts system in cases where such leases,
concessions or franchises might have an impact on the development of the
aviation air-peWs system and its master plan; and
The board "' Review and recommend to the ,.:t.. managef an'
a schedule of rental rates and other fees and charges for tenants and
other lessees of aviation air-poA property.
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SECTION 6
Sections 3-18, 3-22, 3-26, 3-27, 3-28, and 3-29 of Chapter 3, "Airports and
Aircraft", Article II, "Department of Aviation and Aviation Advisory Board" of the Code
of the City of Fort Worth (1986), are deleted in their entirety.
SECTION 7.
All other provisions of Chapter 3, "Airports and Aircraft", Article II, Department
of Aviation and Aviation Advisory Board" of the Code of the City of Fort Worth (1986)
not amended herein shall be in full force and effect.
SECTION 8.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort 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 9.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
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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 unconstitutional phrase,
clause, sentence,paragraph or section.
SECTION 10.
This ordinance shall be effective upon its passage and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
ADOPTED: October 26, 2010
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City of Fort Worth, Texas
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COUNCIL N:, 6-1
DATE: Tuesday, October 28. 2D1O REFERENCE NO.: G-17086
00G NAME: 55CFVV MUNICIPAL CODE AMEND
SUBJECT:
Adopt an Ordinance Amending Part 2' Chapter 3' Article ||. "Department of Aviation and Aviation Advisory
Board", of the Fort VVor1h <�ib/ (�ode to Amend the <�odeinayWanner(�onai«tentvvithHovv (]ther(�ib/
Departments are Established' (��[>U��<�|L [)|GT��|(�TG 2 and 0) '
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Part 2, Chapter 3. Article
||. "Department of Aviation and Aviation Advisory Boord", of the Fort Worth City Code to amend the Code
in a manner consistent with how other City Departments are established.
DISCUSSION:
Staff proposes to amend Part 2, Chapter 3, Article ||' "Department of Aviation and Aviation Advisory
Board", of the Fort Worth City Code to amend the Code in a manner consistent with the Aviation
Department, as well as other City Departments. A summary of the proposed amendments is listed below:
Section 3-10 is amended to define who shall appoint the director and the salary of the director.
Section 3-17 is amended to remove language regarding appointment and salary of the director and to add
language defining the appointment ofemployees; ond, to rename the Section "Appointment ofemployees"
from "Director-Appointment; salary".
Section 3-10 is amended to delete the section in its entirety as it is redundant to other oib/ procedures
already in place.
Section 3-19 is amended to restate the responsibilities of the director in a manner consistent with other
city department directors.
Section 3-2Dim amended to restate the composition and appointment of the Aviation Advisory Board ina
manner consistent with other city advisory boards.
Section 3-22 is amended to delete the section in its entirety as it redundant to other sections of the Code
omit relates to advisory boards.
Section 3-23 and Section 3-24 are amended to restate the advisory board organizadon, frequency of
nneeUngm,jurisdiction and scope of activities in a manner consistent with other city advisory boards.
Section 3-20 through Section 3-29 are amended to delete the sections in their entirety as they are
redundant to other sections of the Code and city procedures as it ne|o&am to on annual audit. disclaimer of
|iabi|ity, accounting pnooeduna, and aid from other departments.
l.oguuozo: 55[FVV MUNICIPAL CODE AMEND Page l of
On June 17, 2010, the Aviation Advisory Board reviewed and approved the recommended changes. The
proposed changes were presented to the Infrastructure and Transportation Committee on August 10,
2010. Upon review by the Committee, the Committee recommended bringing these amendments forward
for adoption by the City Council.
The attached ordinance will be effective upon adoption and publication.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Jonnie Huitt (5409)
Logname: 55CFW MUNICIPAL CODE AMEND Page 2 of 2