HomeMy WebLinkAboutOrdinance 18965-12-2009ORDINANCE NO 18965-12-2009
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, APPROVING RESOLUTION NO 2009-10-211 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH
AMENDS VARIOUS TRAFFIC PROVISIONS OF CHAPTERS 2 AND 3
AND APPENDIX I OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD'S CODE OF RULES AND REGULATIONS,
PROVIDING FOR A FINE NOT TO EXCEED TWO THOUSAND
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 8.F of the Contract and Agreement, between THE CITY OF
DALLAS TEXAS and THE CITY OF FORT WORTH, TEXAS Dated and Effective as of
April 15 1968 City Secretary Contract No 6014 as amended, 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 22 082 of the Texas Transportation Code, Chapter 22, Subchapter
D and Section 8.F of the 1968 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 and Dallas and proper publication, and
WHEREAS, on October 1 2009 the Dallas-Fort Worth International Airport Board
passed, approved, and ordered Resolution No 2009-10-211 which amends the Dallas-Fort
Worth International Airport Boards Code of Rules and Regulations, as amended, to add
language prohibrtmg unattended vehicles at terminal curbsides, increase the civil fine schedule
for parking violations, delete the requirement to obtain, display and return dated tags for the
distribution of literature m the terminals, add the Stone Meyers Parkway extension to the list of
Airport roadways, and incorporate some minor block range adjustments.
WHEREAS m 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 2009-10-211 in order that it may become effective.
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 m 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 2009-10-211 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 2009-10-211 of the Dallas-Fort Worth International Airport Board in a newspaper of general
circulation m each of the counties of Tarrant and Dallas, stating that a breach of any provision of
Resolution No 2009-10-211 will subject the violator to a penalty and stating that the full text of
Resolution No 2009-10-211 and any attachments to rt are on file m the pnncipal office of the
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Airport Board to be read by any interested party Resolution No 2009-10-211 shall thereafter
have the same force and effect within the boundaries of the Dallas-Fort Worth International
Airport as an ordinance by the Crty Council of the Crty of Fort Worth would have m the City of
Fort Worth, and the penalty shall be enforced m the same manner m 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 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
~unsdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this ordinance, 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 2009-10-211 shall be fined not more than Five Hundred Dollars ($500 00) or
more than Two Thousand Dollars ($2000 00) for each offense relating to fire safety public
health and sanitation, or the dumping of refuse. 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
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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 may be prosecuted until final disposition by the courts.
SECTION 7
That the City Secretary of the Crty of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two days m 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 m accordance with the provisions of the Charter of the City of
Fort Worth, and it is accordingly so ordained.
Adopted and effective this 15`" day of December, 2009
APPROVED AS TO FORM AND LEGALITY
~~--=---z~-
Assistant City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
~_.
CQUNCIL ACTION: Approved on 12/15/2009 Ord. No. 1896.5-12-2009
- gym.
DATE Tuesday December 15 2009 REFERENCE NO `*G-16792
LOG NAME 12DFWTRAFFIC
SUBJECT
Adopt an Ordinance Approving Dallas-Fort Worth International Airport Board Resolution No 2009-10-211
Amending Various Traffic Provisions of Chapters 2 and 3 and Appendix I 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 2009-10-211 amending various traffic provisions of Chapters 2
and 3 and Appendix I of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport
Board
DISCUSSION
At'its meeting on October 1 2009 the Dallas-Fort Worth International Airport Board (Airport Board)
approved amendments to Chapters 2 and 3 and Appendix I of the Code of Rules and Regulations of the
Dallas-Fort Worth International Airport Board
Resolution No 2009-10-211 makes the following changes to the Airport Board's Code of Rules and
Regulations
1 Adds language prohibiting unattended vehicles at terminal curbsides,
2. Increases the civil fine schedule for parking violations (the last increase in these fines occurred in
2001)
3 Deletes the requirement to obtain display and return dated tags for the distribution of literature in the
terminals, and
4 Adds the Stone Meyers Parkway extension to the list of Airport roadways and incorporates some minor
block range adjustments
Both State law and the 1968 Contract and Agreement between the City of Dallas Texas and the City of
Fort Worth Texas, require that amendments to the Airport Board's Code of Rules and Regulations must
be approved by the Councils of both Cities Dallas is scheduled to vote on this item at its December 9
2009 meeting
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
Logname• 12DFWTRAFFIC Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office by
Originating Department Head
Additional Information Contact:
FROM Fund/Account/Centers
Tom Higgins (6192)
David Yett (7623)
Charlene Sanders (7611)
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