HomeMy WebLinkAboutOrdinance 15521ORDINANCE NO. /~~~`-"
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. 2003-
03-86 AND RESOLUTION NO. 2003-03-116 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD WHICH AMEND CHAPTERS 4 AND 5 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD CODE OF RULES 'AND REGULATIONS;
PROVIDING FOR A FINE NOT TO EXCEED FIVE
HUNDRED ($500.00) 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 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; 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 Fort Worth and Dallas and publication as therein provided; and
WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board
on March 6, 2003 and on March 14, 2003, passed, approved, and ordered Resolution No. 2002-
03-86 and Resolution No. 2003-03-116, respectively, which amend Chapters 4 and 5 of the
Dallas-Fort Worth International Airport Board Code 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. 2003-03-86 and Resolution No. 2003-03-116
in order that they 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. 2003-03-86 and Resolution No. 2003-03-116, respectively, of the
Dallas-Fort Worth International Airport Board, duly certified copies of which are attached hereto
as Exhibit "A" and Exhibit "B", respectively, and are made a part of this ordinance by reference,
are hereby approved.
SECTION 3.
That after publication of substantive statements relating to the contents of Resolution No.
2003-03-86 and Resolution No. 2003-03-116 of the Dallas-Fort Worth International Airport
Board in a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating
that a breach of any provision of Resolution No. 2003-03-86 or Resolution No. 2003-03-116 will
subject the violator to a penalty, and stating that the full texts of Resolution No. 2003-03-86 and
Resolution No. 2003-03-116 and any attachments to them are on file in the principal office of the
Airport Board to be read by any interested party. Resolution No. 2003-03-86 and Resolution No.
2003-03-116 shall thereafter have the same force and effect within the boundaries of the Dallas-
Fort Worth International Airport as ordinances by the City Council of the -City of Fort Worth
would have in the City of Fort Worth, and the penalty for each 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. 2003-03-86 and Resolution No. 2003-03-116 are severable, and if any phrase,
clause, sentence, paragraph or section of these 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. 2003-03-86 and Resolution No. 2003-03-116, since
the same would have been enacted without the incorporation of any unconstitutional phrase,
clause, sentence, paragraph, or section.
SECTION 5.
Any person; firm 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. 2003-03-86 and Resolution No. 2003-03-116 shall be fined not more than Five
Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall
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 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 maybe 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 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 O FORM AND LEGALITY:
~ss'~ s-~an} D3' Ci y A orney
Date: ~ ~ ~) ~ ~ 3
Ado ted: 1 ~ ~
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Effective: ~/ ~--(03
DATE REFERENCE NUMBER LOG NAME PAGE
4/1.5/03 *~G-13941 ~ 12BOARD 1 of 2
suB~ECT ADOPTION OF AN ORDINANCE APPROVING DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD RESOLUTION NO. 2003-03-86 AND
RESOLUTION NO. 2003-03-116. APPROVING AMENDMENTS TO CHAPTERS 4 AND
5 OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD
RECOMMENDATION:
It is .recommended that the City. Council adopt the attached ordinance approving Dallas-Fort Worth
International Airport Board Resolution No. 2003-03-86 and Resolution No. 2003-03-116 which amend
Chapters 4 and 5 of the Code of Rules and Regulations of the. Dallas-Fort Worth International.Airport
Board (Airport Board)..
DISCUSSION:
At its .March 6, 2003 meeting, the Airport Board approved Resolution No. 2003-03-86 .amending
Chapters 4 and 5 of the Airport Board's Code of Rules and Regulations. Also, on March 14, 2003, the
Airport Board approved Resolution No. 2003-03-116 amending Chapters 4 and 5 of the Airport Board's
Code of Rules and Regulations.
More specifically, at its March 6, 2003 meeting, the Airport Board approved amendments to Section 2-2
Insurance of Chapters 4 and. 5 of the Code of Rules and Regulations of the Airport Board to:
® Revise .the' insurance rating to, remove the .A. M. Best Company rating of A-VI and add a
' provision to accept .the owner cities' rating for companies permitted in those cities or, if a .
company is not permitted in an owner city, require a rating meeting the lowest acceptable owner .
city rating; and
• Remove the maximum deductible of $1,000 per claim; and
• Add a provision to prohibit any person vvith direct or indirect ownership interest in the regulated
service having an operational control, direct or indirect, in any insurance company that provides
automobile liability insurance to the regulated service provider; and
• Add a provision to prohibit any automobile liability insurance policy exclusions for bodily injury;
and
• Add a provision requiring the insurance company to pay every claim on afirst-dollar basis.
These amendments were necessary to facilitate retaining effective insurance coverage,;:ensure ballas-
t:
Fort Worth International Airport (DFW) is in support of Owner City actions, prevent fraudulent activities,
provide for comprehensive consumer protection and maintain DFW's limit of liability under the Texas
Tort Claims Act.
DATE REFERENCE NUMBER LOG NAME PAGE
4/15/03 *~`G-13941 12BOARD 2 of 2
suB~ECT ADOPTION OF ~ AN ORDINANCE APPROVING DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD RESOLUTION NO. 2003-03-86 AND
RESOLUTION NO. 2003-03-116 APPROVING AMENDMENTS TO .CHAPTERS 4 AND
5 OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT-WORTH
INTERNATIONAL AIRPORT BOARD
Also, at its March 14,.2003 meeting, the. Airport Board approved amendments 'to Section 2-2 Insurance
Chapters 4 and 5 of the Code of Rules and Regulations of the Airport Board to:
o Expand on .the term "licensed" by including the terms "approved" and "authorized" to include
terminology used by the owner cities thereby allowing surplus carriers and/or reinsurers the .
ability to write policies for ground transportation service providers who may have difficulty in
. obtaining coverage in the traditional market; and
® Correct a clerical omission from the previous Airport Board action in Section 2-2 Insurance
Chapter 5 regarding the prohibition of obtaining insurance from assigned risk pools.
These amendments were necessary to ensure DFW is in support of owner city actions, and to maintain
consistency regarding prohibition of assigned risk pools for all ground .transportation service providers
.operating at DFW.
Both state law, and the 1968 contract and agreement between the cities of Fort Worth and Dallas;
require that amendments to the Airport Board Code of Rules and Regulations also must be approved .
by the City Councils of Fort Worth and Dallas.
The attached ordinance approves those amendments to the Code of Rules and Regulations. Attached
to the ordinance are certified copies of the amendments. .
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect an City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett (Acting) 6183
Originating Department Head:
rr ;; .
David Yett 7623 (from) APPROVED 04/15/03
' ORD.# 15521
Additional Information Contact:
Marcia Wise 7607