Loading...
HomeMy WebLinkAboutOrdinance 15798ORDINANCE NQ. AN ORDINANCE ADAPTED BY THE CITY COUNCIL OF THE CITY OF FART WORTH, TEXAS, PURSUANT T4 V.T.C.A., TRANSPORTATION CODE, CHAPTER 22, SUBCHAPTER D, APPROVING RESOLUTION Nfl. 2003- 12-396 OF THE DALLAS-FART WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS CHAPTER 5 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD CODE OF RULES AND REGULATIONS; PROVIDING FOR A FINE NOT TO EXCEED TWO THOUSAND {$2,000.00) 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. t~THEREAS, 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 far 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 ~~'HERE.~S, pursuant to the forc_~oin«, the Dallas-F~~rt ~~'ort17 Inter~~utional ,~i~c~rt I3r~ard oil ~)CLCi112~~'; -1_ ~Iif1;_ ~?,i,>~'~~. .lE~~it~~~~tl. .I[l~~ ~~It~Cf~'~~ EZ~~~~ifU(I~~il ~t~- ~U11_;. '_; J 1 _ ~ ~~. ~~ I~irl~ ini~~n~1. (~I~aE~t~r ~ ~~~ th~~ Uallas-E ~~rt ~1ortl~ Intcrnatir~nal :~irE~<,ri E3~~arcj <~~>~I~~ ul fZul~s ,~i~~l Il~,~ulatic~ns. anti WHEREAS, the Airport Board has requested that the Councils of the Cities of Fart Worth and Dallas approve its said Resolution No. 2003-12-396 in order that it may became effective as aforesaid; NQW, TIgEREF01<;E, BE IT t}RDAIl~IED BY THE CITY CQUNCIL QF THE CITY QF FQRT WC}RTH TEXAS: SECTIC}N 1. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fu11y effective as part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 2043-12-396 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 No. 2043-12-396 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. 2403-I2-396 will subject the ti~iolator to a penalty, and stating that the full text of Resolution '~o. ?UO3-1?-39~ and a~TV at[achments to i( are on the in fhe principal office of the ~![~?~~;~1 I3t~„Iti l~, ~~~' f~',i~1 fi`, all`s 141i11t~~ 1 O.1I~1'~ IZ~,~7~UU~~1, ~U illll ~- ~ ~- ~')h ~fl~l~~ ih~I~',1~t~1 J~~i~ L tl~~~ ~,uuc ii~r~c anal ~°Iicct ~~ ithn~ tl~c I~uun~lartc~ ~~t the t)allu;-}~~>rt ~~~orth IntcrnaU~,nui -~irhurt as an or~iinancc h~ tll< C~it~' Council i~1 the Cite cif } ort ~~~orth ~~uul~j have in the C~it~ uL 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. SECTION 4. That the sections, paragraphs, sentences, clauses a~zd phrases of this ordinance and Resolution No. 2003-12-396 are severable, and if any phrase, clause, sentence, paragraph or section shall be declared unconstitutional ar 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 N°• 2003-12-396, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION S. 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. 2003-12-396 shall be fined not more than Two Thousand Dollars {$2000.00) 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 alI violations of the provisions of aa~}~ other orclinanees affecting the Code of Rules anti Re~ruiations of tine Dallas-}-~ort ti~~ orth lnternati<~nal :-air~~ort t3oar~7 ~~ 1~ich hay c <~rcruc~l at the time !i,. . il, l'~ _ ~!.ii. :,+ I~'~ ~,ft~':il~~i~„ ~~_ .irai_ ~n !~~ ,`,i;!I .I~~IIi<tl ~Ic~l,lll~~lt~ .lull <lil ~~~'II~lIf1L l~l~,iTlt~[1_ bt~lh C.A I~ ,illy{ ~I"Illlill,li. A~ll~'ihC1" ~l~lllllfl IIl iI~UI"I Uf il~~(, ullllCl~ ~U~ll l>rCl1lYtlllCS, <;II]le shall n~~t be allcctcd h~~ this or~iin~m~~~~ but n~a~ hr prosecutc~l until final dispositiuil h~ the courls. SECTION 7. That the City Secretary of the City of Fart Warth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance far two days in the official newspaper of the City of Fart Warth, Texas, as authorized by Texas Local Goverrunent Cade, Section 52.413. 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 Fart Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: Date: . ` ~ s ~ - - ~,. Adapted: Effecti~~e: December 5, 2003 STATE OF TEXAS § COUNTY OF DALLAS ~ COUNTY OF TARRANT § I, Norma Couture, Board Secretary of the Dallas-Fort Worth International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution Na. 2003-12-396 approved by the Dallas-Fort Worth International Airport Board of Directors at its Board Meeting held on December 4, 2003. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this the 5th day of December 2003. Norma Couture ~~., _., ~# ~1 ~~ C}ALLAS F{~I~T WC}RTH INTERNATIONAL AIRP~9RT Bt~ARC3 OFFICIAL BC)ARC} ACT[t}NIRESOLUTION Date: Subgect: Amendment of the Code of Rules and Resolution No,: 12-04-2003 Regulations of the DallaslFort Worth International 2003-12-396 Air~rort Board Recommended Action: That the Airport Board approve an amendment to Chapter 5r Courtesy Vehicle Rules and Regulations, of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board. Description: • This action will approve an amendment to Section 7-1 Standards of Chapter 5 of the Cade of Rules and Regulations of the DallaslFort Worth International Airport Board authorizing the Administrator, as defined in Section 1-4 of Chapter 5 of the Code of Rules and Regulations of the DallaslFort Worth International Airport Board, to establish emission standards for vehicles operated in a courtesy vehicle service. .lustiification: • The amendment to Section 7-1 Standards of Chapter 5 of the Code of Rules and Regulations of the DallaslFort Worth international Airport Board is necessary to implement the Commercial Ground Transportation Transition Plan to Clean Vehicle Fleets • This action meets the Board`s Strategic Imperative of creating a positive, competitive, and safe environment for the Airport's employees, tenants and the traveling public at large. Addiitional Information: • Per State law and the 19b8 Contract and Agreement, this amendment will also need to be approved by the Dallas and Fort Worth City Councils and will become effective upon such approval being obtained. Detail Information Sheet{s~ attached: ~ontr<3c; No~;s: Aciicn r`Omount: r=or ;r,~; rmation con:wcfit ~~urcnase Order iVo(,s: ,~,areernent ?~Jo's': Revised Amoun:. ~~ Detailed Information Sheet{s} for: Amendment to Section 7-1 Standards of Chapter 5 of the Code of Rules and Regulations of the Da11as1F'ort ~~'orth International Airport Board Section 7-1. Standards The Administrator may establish standards concerning safety, condition, age, emissions, appearance, equipment, signs, and markings for vehicles operated in a courtesy vehicle service. m~ ~ ~i~jr of Fo~# INortfi, Texas Mayor and Council Communication COUNCIL ACT10N: Approved on 1211612003 - t3rdinance No. 15798 DATE Tuesday Decemb 16 er , 2003 C.OG NAME: 126flARD SUBJECT: Adoption of an Ordinance Approving Dallas-Fort 2003-12-396 Approving Amendments to Ghapter Dallas-Fort Worth Intemational Airport Board Vehicles REFERENCE NO.: **G-14200 Worth International Airport Board Resolution No. 5 of the Code of Rules and Regulations of the to Establish Emission Standards for Courtesy RECQMMENDATION: It is recommended that the Gity Council adopt the attached ordinance approving Dallas-Fort Worth International Airport Board Resolution No. 2043-12-396, which amends Chapter 5 of the Gode of Rules and Regulations of the Dallas-Fork Worth International Airport Board (Airport Board} by authorizing the administrator, as defined in Section 1-4 of Ghapter 5 of the Gode of Rules and Regulations of the Airport Board, to establish emission standards for vehicles operated in a courtesy vehicle service ("a vehicle operated by a hotel, motel, auto rental or parking company used for transportation of passengers and Property owned by those passengers, to, on, or from the airport, and not for hire or direct compensation by a Passenger, including contract courtesy vehicles"}. DtSCUSSIC}N: At its December 4, 2003 meeting, the Airport Board approved amendments to Chapter 5 of the Airport Board's Gode of Rules and Regulations. Both state law and the 1968 contract and agreement between the cities of Fart Worth and Dallas, require that amendments to the Airpork Board Gode of Rules and Regulations also must be approved by the City Councils of both Fork Worth and Dallas. The Environmental Protection Agency has designated the metroplex as a "serious non-attainment" area. The Airport Board created a "Commercial Ground Transportation Transition Plan to Glean Vehicle Fleets" which establishes a goal for ground transportation service providers authorized in the Gities of Fork Worth and Dallas and at DallasCFort Worth International Airport to operate fleets cansisfing of 100% Ultra Low Emission Vehicles or vehicles of equivalent or better emission standard by January 1, 2007. ?'haf Plan fulfills one principle s~ipporting the Airport's Clean Air Policy The Plan augments the State Implementa`~nn Plan that is intenrla'j to ~n~ o ~ ~. prov ~~ ~,uality The Fc~! Wr~rlh (;qty r'c,~.ir, ~'~~~li~. ~ f~+ ~- ., r~~ .., ., .- . _ r~ ~.t c _ / _ ~ i '(~. .. ~' r' , FISCAL INFORMATION/CERTIFICATION: The Finance Director ce~~t;`ies that this action will have r~o r-r-~aterial effect on City funds, ~.c~~n~ui~~: t ~I3O;~RI~ TC} FundlAccountlCenters FRAM FundlAccountlCenters Submitted for Cit}r Manager's Office by' Richard Zavala {Acting} {6183) Originating De~artrnent Head. David Yeti {7623} Additional In#ormation Contact David Yett {7623} Lc>~~nam~: l ~I3{J:A[:fJ