HomeMy WebLinkAboutOrdinance 16324-03-200512S~YARE~~UEOS
ORDINANCE NO. ~ -~ ~r~Od ..~
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. 2005-
01-0~9 OF THE DALLAS-FORT WORTH iNTERNATfONAL
AIRPORT BOARD WHICH AMENDS CHAPTER 4 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD CODE OF RULES AND REGULATIONS;
PROVIDING FOR A F1NE NOT TO EXCEED TWO
THOUSAND {$2,000.00} ^OLLARS 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 S.F of the Contract and Agreement, as amended, between the City
of Fort Worth, and the City of Dallas, Texas, provides that the Dallas-Fart Worth International
Airport Board shall have the power, by a duly adapted order, to adopt and enforce rules and
regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe
reasonable penalties far the breach of any rule ax regulation; and
WHEREAS, V. T. C. A. Transportation Code, Chapter 22, Subchapter D and Section 8.F
of the Contract and Agreement, 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 February 12, 2004, passed, approved, and ordered Resolution No. 2005-01-019, which
amends Chapter 4 of the Dallas-Fort Worth International Airport Board Code of Rules and
Regulations, and
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W~IEREAS, the Airpari Board has requested that the Councils of the Cities of Fort
Worth and Dallas approve its said Resolution No. 2005-01-019 in order that it may become
effective as aforesaid;
NOW, THEREFORE, BE TT 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 zr~atter of this
ordinance.
SECTION 2.
That Resolution Na. 2005-01-019 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. 2005-01-019 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. 2005-01-019 wi11 subject the violator to a penalty, and stating that the full text of
Resolution No. 2005-01019 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. 2005-01-019 shall thereafter
have the same force and effect within the boundaries of the Da11as-Fort Worth International
Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of
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Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed
by other ordinances of the City of Fart Worth are enforced.
SECTION ~.
That the sections, paragraphs, sentences, clauses and phrases of this ordinance and
Resolution No. 2005-01-019 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 sha11 not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance ar Resolution
No. 2005-01-019, since the same would have been enacted without the incorporation of any
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
Any person, Brm 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 ar
Resolution No. 2005-01-019 shall be fined not mare than Two Thousand Dollars ($2000.00} for
each offense. Each day that a violation is permitted to exist sha11 constitute a separate offense.
SECTION 6.
All rights and remedies 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 Cade of Rules and
Regulations of the I]allas-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 maybe prosecuted until final disposition by the courts.
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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 official newspaper
of the City a£ Fart Worth, Texas, as authorized by Texas Lacal Government Code, Sectian
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 pravisians of the Charter of the City of
Fart Worth, and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
~ 1
Assistant City Attorney
Date: ~ ~~
~'
Adopted: ~ ~ ~ c~
Effective: ~_ _
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COUNCIL ACTION: Approved an 3/812005 -Ordinance No. 16324-03-2005
DATE: Tuesday, March 08, 2005
LOG NAIi11E: 12SHAREDRIDE05 REFERENCE NO.: G-14707
SUBJECT:
Adoption of an Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2005-
01-019, Amending Chapter 4 of the Code of Rules and Regulations of the DallaslFort Worth
International Airport Board to Discontinue the Regulation of Shared-Ride Service and Enter into
Concession Contracts with Shared-Ride Service Providers
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving DallaslFort Worth
International Airport Board Resolution 20Q5-01-019, which amends Chapter 4 of the Code of Rules and
Regulations of the Dallas/Fort Worth International Airport Board ("Airport Board"} to discontinue the
regulation of shared-ride service under the Code of Rules and Regulations of the Airpnr# Board and enter
into concession contracts with the shared-ride service prnviders at DallaslFort Worth International Airport
("DFI11J").
C?ISCUSSION:
At its meeting on January 6, 2QQ5, the Airport Board approved amendments to Chapter 4 of the Airport
Board's Rules and Regulations. Bnth state law and the 1968 Contract and Agreement between the cities of
Fort Worth and Dallas rewire that amendments to the Airport Board Cade of Rules and Regulations must
be approved by the Councils of both cities. The City of Dallas will consider these amendments nn March 9,
20Q5.
The Airport Board amended Chapter 4 of the Airport Board Code of Rules and Regulations to remove
language related to the Board's regulation of "Shared-Ride Service." (e.g. Supershu#tle}. In place of
regulating shared-ride service under the Code of Rules and Regulations, the Airport Board approved a
recommendation to implement a limited shared-ride service model and will enter into concessions contracts
with the shared-service providers currently operating a# DFW. The action by the Airport Board meets the
Board's Strategic Imperative of exceeding customer service expectations.
The Airport Board decided that if additional shared ride service providers attempt to offer services at DFW
in the future, there is a potential that such additional services could lead to a deterioration in customer
service. The Airport Board had requested a study of other airports (Denver, Philadelphia, San Francisco,
Baltimore, Los Angeles, Miami, Minneapolis, Phoenix, Sacramento and Washington Duties) and made this
determination based on the final report of that study. A copy of the final report by Leigh Fisher Associates
is attached.
In an effort to avoid the afnremenfioned concerns, the Airport Board deemed the best course of action to
take would be to de-regulate the share-ride service and enter into concession contracts with the three
existing shared-ride service providers. It is recamrnended that the City Council adopt the attached
ordinance approving Dallas/Fart Worth International Airport Board Resolution 2Q05-01-019, which amends
Chapter 4 of the Code of Rules and Regulations of the Airport Board to discontinue the regulation of
Logname: 12SHAREDRIDE05 nanA ~ ,,.~7
shared-ride service under the Code of Ruies and Regulations of the Airport Board and enter into
concession contracts with the shared-ride service providers.
DFW Airport is located in Council District 5.
FISCAf_ fNFORMATfONICf RT1FlCATtON;
The Finance Director certifies that this action will have no material effect on City funds.
TO FundlAcca~ntlCenters FROM FundlAccountlCenters
Submitted for City 1Vpanager°s Office bV; Marc Ott (6122)
Ori inatin De artment Head; David Yett (7623)
Additional lnformatian Contact; Melinda Ramos (7631)
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