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HomeMy WebLinkAboutOrdinance 17258-10-2006ORDINANCE NO. 1725$-10-2006 AN ORDINANCE BY TIIE CITY COUNCIL OF THE CITY OF FORT WOITTH, APPROVING RESOLUTION NO. ZOOG-09-313 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, TO AMEND SECTION 1-4 OF CHAPTER. S AND SECTION 1 OF CI-TAPTER $OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD, A~ AMENDED; TO AMEND CHAPTER ~ TO DELETE ALL REFERENCES TO PARKING COMPANY; TO AMEND CHAPTER $ TO PROHIBIT PARKING COMPANIES, OFF-AIRPORT PARKING COMPANIES AND OFF-AIRPORT VALET COMPANIES FROM OPERATING WITHOUT A PERMIT; PROVIDING FOR A FINE NOT TO EXCEED TWO TTIOUSAND ($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. WHEREAS, Section $.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 22.0$2 of the Texas Transportation Code, Chapter 22, Subchapter D and Section $.F of the 196$ 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 anal Dallas and proper publication; and WITEREAS, pursuant to the foregoing, the Dallas/Fort Worth International Airport Board adopted the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, which regulates traffic, travel, and conduct within the Dallas/Fort Worth International Airport and establishes certain procedures for the adoption of additional rules, regulations, and oxders; a and ~V)FIERE.~S, the Dallas/Fort Worth International Airport Board an September 7, 2006 passed, approved, and ordered Resolution No. 2006-09-313, which arriends the Dallas-Fort Worth International Airport Board's Cade of Rules and Regulations, to amend Chapter 5, Courtesy Vehicle Rules and Regulations, Section 1-~1. Definitions and Chapter 1;, Commercial Activities, Section 1. Soliciting to delete all references to parking company from Chapter 5 and to allow the issuance of permits to parking companies, off airport parking companies and off airport valet parking companies; and 'i~IHEREAS, 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. 2006-09-313 in order that it may become effective; li~OW, THEREFORE, BE IT ORDAIl0~El) BY THE CITY COElVCIL, OF THE CITY OF FORT'6VORTH TE7~AS: SECTIOIlT 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. 2006-09-313 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. 2 SECTIOl®T 3. That after publication of a substantive statement relating to the contents of Resolution No. 2006-09-313 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 No. 2006-09-313 will subject the violator to a penalty, and stating that the full text of Resolution No. 2006-09-313 and any attachments to it are on file in the principal office of the Dallas/Bart Worth International Airport Board to be read by any interested party. Resolution No. 2006-09--313 shall thereafter have the same force and effect within the boundaries of the Da11aslFort Worth International Airport as an ordinance by the City Council of the City of Fart 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. SECTI®1V 4. That the sections, paragraphs, sentences, clauses and phrases of this ordinance and Resolution No. 2006-09-313 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, 2006-09-313, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTIOl~I S. Any person, arm 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. 2006-09-313 shall be fined not more than Five Hundred Dollars ($500.00) or 3 more than Two Thousand Dollars ($200D.00) for each offense relating to fire safety, public health and sanitation., or the dumping of refuse. Each day that a violation is perrr~itted to exist shall constitute a separate offense. ,SECTION 6. All rights and xeedies 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 Aizport 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 off cial newspaper of the City of Fort Worth, Texas, as autharized by Texas Loeal Government Code, Section 52.013. SECTI®1®T ~. That this ordinance shall tape 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 Fart Worth, and it is accordingly so ordained. 4 APPR® D AS T® F® lOTD LEGALITY: By: ~ ~~~ ity Attorney Date: ~/ ADD Adopted: October 31 2006 Ef~'ective: ~~~ ~~------ EXHl~lT "A" September 7, 2005 STATE OF TI=XAS COUNTY OF DALLAS § COUNTY ©F TARRAN`C § I, i3onna J. Schneli, Acting Board Secretary of the Dalias-Fort !North International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution Number 2006-09-313 approved by the Dallas-Fort Worth International Airport Board of Directors at its Board Meeting held nn September 7, 2606. WITNI=SS MY HAND AND SEAL Oi= THI= DALLAS-FORT WORTH INTERNATIONAL AIR~'ORT BOARD, this the 7~' day of September 2406. Q"~-~ Danny J. Schnell Acting Board Secretary ®ALLAS FORT 1NOIRTH lIVTERtlIATlONAL Ai~RPC?RT BC}AR© OFIwIGtAL BOARD ACTION/R~~OLUTlOI1! pate; Subject: Amendments of the Cade of Rules and Resolution ND.: Q9-07-20D5 izegulatians of the Dallas/port Worth International Airport Board related to regulation of o#f-airport parking zaa~-o~-3i.3 eorrsrsanies Recommended Action; That the Airport Board approve amendments to the Code of Rulss and Regulations of the Dallas/fort Word, lnternatianal Airport Board in relation to regulation a# off-airport parking COmpan'1e5. DescriPfion: ® This action will approve the attached revisions to Chapter 5, Courtesy Vehicle Rules & Regulations, Section 1-4. Definitions and Chapter 8, Commerc'sal Activities, Section 1. Soliciting. These changes will allow the Board to issue permits to the parking companies, off-airport parking companies and of#- airport valet parking companies. Justif%eation: • The proposed changes will delete all references to parking company from Chapter 5 of the Cnde. • The Board will no longer regulate parking campaniesand off-airport parking companies under the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board. ® The Board will instead enter into permits with the parking companies, off-airport parking compan`es and a##-~airpnrt valet parking cvrr3panies to operate within the boundaries of the Airport. The proposed changes to Chapter 8 will prohibit a parking campariy, off-airport parking company, or off-airport valet parking company front operating at the Airport without a permit. • 7"his action meets the Board's Strategic Imperative of exceeding customer expectations. Additional Information: . Pet State law and the 1968 Contract and Agreement, these ehanges/corrections to arrtendments will also need to be approved by the Dallas and Fort Worth City Councils and will become effective upon such approval beirsg obtained. De'ta'il Infarmat'son Sheet(s) attached: Camrr~ittee: FlnancelAudit Contract No(s): Action~Amount: i"or information contact: ~ Purchase t)rder No(s): Allen Parrs, 4-3115 Devised Amounf: Agreement No(s)• RE50LL3T"ION N©.: ~oo~~-a9-~~~ ~~ IT" RIwSOi.VI;D BY THi= i.?ALLAS-FORT WORTH INT')RNATIONAt. AIRPORT" BOARL): Section 1. That the attached amendments to the Code of Rules and Regulations ofthe Dallasll=ort Worth International Airport Board be and are hereby approved. , Section 2. That the Chief Executive Officer, ar Designee, be and is hereby directed to forward the attached amended Cade of Rules and Regulations of the Dallas/Fort Worth international Airport Board to the Cities of Dallas and l=art Worth along with a request that their respective City Councils take action to approve same. Section 3. That the Chief Executive Officer, ar Designee, be and is hereby authorized to take such further action as he deems necessary to see to the passage and enforceability afthe attached amended Code of Rules and Regulations of the Dallas/l=ort Worth International Airport Board. This Resolution shall take effect immediately upon its passage. Approved as to Ircxrrn: App aved as to FundlrEg: Approved as to M/WI3F: Cs Hera! Caunse! Vice President ice President Finance Srnall and Err-erging Business Q~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~~ ~~~~ Dot si ned pate si ned bate S~ n 51GN,AT"UR>45 RI~O.tJiRI=D FOi2 APPROVAi.: L ~~ D partment Vice President i xe five O icer Detail Information Sheet for Arnenc#ments to Chapters 5 and 8 of the Cods of Rules and i~egulatians of the baltasl~art Worth international Airport Board Chapter ~, Courtesy Vehicle Rules and Regulations Section "i-~#. i3efinitions VI. Contract Courtesy Vehicle means a vehicle hired ar contracted by a hotel, motel, or auto rental ~leit~g company used for the transportation of passengers and praperty awned by Chase passengers to, an, or from the Airport. VII. Courtesy Vehicle means a vehicle operated by a hate(, motel, ~or auto rental ~ company used for transportation of passengers and praperty awned by those passengers to, an, or from the Airport, not for hire ar direct compensation by a passenger, including contract courtesy vehicles. Chapter 8, Corramercial Activities Section 'l. Soliciting IV. It shall be unlawful far a arkin cnm an off-air art arkin cam an off-air ort valet arkin cnm an ar a service related to the storm nr sta in of vehicles to trans ort ar offer to trans ort its customers ar its customers` vehicles within the boundaries of the Air art without a ermit concession ar franchise Pram the Airport Board. r l rn i i ~~_ COUNCIL AGTION: Approved ors '1013112006 -Ordinance No. 17258-10-2006 DATE: Tuesday, October 31, 2QOfi LO(s NAME: '12DFWPARKINCOMP REFERENCE NO.: G-15474 SUBJECT: Adoption of an Ordinance Approving Dallasll=ort Worth International Airport Board Resolution 2006- 09-313 Amending Chapters 5 and 8 of the Code of Rules and Regulations of the DallaslFort Worth International Airport Board Related to the Regulation of Off-Airport Parking Companies RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving DallaslFort Worth international Airport Board {Airport Board) Resolution 2006-09-313 which amends Chapters 5 and 8 of the Code of Rules and Regulations of the DallaslFort Worth International Airport Board related to the regulation of off-airport parking companies. DISCUSSION: At its meeting on September 7, 2006, the Airport Board approved amendments to Chapters 5 and 8 of the Code of Rules and Regulations of the Dallasll=ort Worth fnternatianaf Airport Board related to the regulation of off-airport parking companies. 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 resolutions must be approved by the Councils of both cities. The Airparf Board seeks to amend the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board by moving the regulation of parking companies, off-airport parking companies and off-airport valet parking companies from Chapter 5, "Courtesy Vehicles Rules and Regulations" to Chapter 8, "Commercial Activities" .The amendment of Section 1-4, "Defnitions" of Chapter 5 will delete all references to "parking company". The amendment to Section 1 of Chapter 8 will prohibit a parking company, off-airport parking company or an off-airport valet parking company from operating within the boundaries of DFW Airport without a permit. The Airport Board has determined the proposed amendments will generate more non-airline revenue and increase the competitiveness of the DallaslFort Worth International Airport. The resolution approved by the Airport Board is in furtherance of the Strafiegic Imperative of the Airport Board to exceed customer service expectations. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO FundlAccountlCenters Submitted for City Manager`s Office bX: Ori inatin De artrnent Head: Additional In.~orr~nation Contac# FROM FundlAccnnflCenters Marc Ott (6122) David Yett (7623} Melinda Ramos (7631} Logname: I2DI~'WPARKINCOMP Page 1 of 2