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HomeMy WebLinkAboutOrdinance 18776-09-2009ORDINANCE NO 18776 -09 -2009 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS4 ,APPROVING RESOLUTIONS NO 2002- 11328 AND 2009 -06 -116, OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS CHAPTER 6 OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD AS AMENDED PROVIDING WASTEWATER PRETREATMENT AND DISCHARGE REGULATIONS FOR THE AIRPORT ENDORSING IMPLEMENTATION OF A WASTEWATER PRETREATMENT PROGRAM AS REQUIRED BY FEDERAL REGULATIONS PROVIDING FOR A PENALTY 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 1968 Contract and Agreement, as amended, between the CITY OF DALLAS TEXAS and the CITY OF FORT WORTH, 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, state law currently authorizes fines of up to $500 for all violations of the airport's rules and regulations, except for those violations relating to fire safety public health and sanitation, or the dumping of refuse, for which the maximum fine is $2,000 and except when another fine is fixed by state law- and WHEREAS Sections 22 082 of the Texas Transportation Code, as amended, and Section 8.17 of the 1968 Contract and Agreement, as amended, provide that such rules, regulations and orders by the Dallas -Fort Worth International Airport Board will become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth and proper publication, and WHEREAS, on November 7 2002, the Dallas -Fort Worth International Airport Board passed, approved, and ordered Resolution No 2002 11 328 which approved amendment of Chapter 6 of the Code of Rules and Regulations of the Dallas -Fort Worth International Airport Board to provide wastewater pretreatment and discharge regulations for the airport, contingent upon approval by the Texas Commission on Environmental Quality and which endorsed implementation of a wastewater pretreatment program as required by federal regulations, and WHEREAS on June 4 2009 the Dallas -Fort Worth International Airport Board passed, approved, and ordered Resolution No 2009 -06 -116 which approved further amendment of Chapter 6 to adopt approved wastewater and pretreatment and discharge regulations for the airport and to repeal Appendices II, III, and IV of the Code of Rules and Regulations of the Dallas /Fort Worth International Airport Board, and WHEREAS 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 Dallas- Fort Worth International Airport Board has requested that the city councils of the cities of Dallas and Fort Worth approve its Resolutions No 2002 11 328 abd 2009 -06 -116 in order that it may become effective. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH OA SECTION 1 That all of the declarations and findings contained in the preambles of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No 2002 11 328 of the Dallas -Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit A and made a part of this ordinance by reference, is hereby approved. SECTION 3. That Resolution No 2009 -06 -116 of the Dallas -Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit `B" and made a part of this ordinance by reference, is hereby approved. SECTION 4. That after publication of a substantive statement relating to the contents of Resolution No 2009 -06 -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 2009 -06 -116 will subject the violator to a penalty and stating that the full text of Resolution No 2009 -06 -116 and any attachments to it are on file in the principal office of the Dallas -Fort Worth International Airport Board to be read by any interested party Resolution No 2009 -06 -116 shall thereafter have the same force and effect within the boundaries of the Dallas -Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty 3 shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECTION 5. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and Resolutions No 2002 11 328 and No 2009 -06 -116 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 Nos. 2002 11 328 and 2009 -06 -116 since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. 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 Nos. 2002 11 328 and 2009 -06 -116 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 7 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 El 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 8. 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 9 That this ordinance will take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM, By- ��--,- Assistant City Attorney Date ktc�. Adopted and Effective September 1, 2009 City of Fort Worth, Texas Mayor and Council Communication COON, k IL ACTIOiV� Approved on %1/3009y OrdNo118776,092009 e DATE Tuesday September 01 2009 REFERENCE NO ''G -16682 LOG NAME 12CHP6 RULES & REGS SUBJECT Adopt an Ordinance Approving Dallas -Fort Worth International Airport Board Resolution Nos 2002 11 328 and 2009 -06 -116 Amending the Code of Rules and Regulations for the Dallas -Fort Worth International Airport and Endorsing Implementation of a Wastewater Pretreatment Program RECOMMENDATION It is recommended that the City Council adopt the attached ordinance approving Dallas -Fort Worth International Airport Board Resolution Nos 2002 11 328 and 2009 -06 -116 which 1 Amend Chapter 6 of the Code of Rules and Regulations for the Dallas -Fort Worth International Airport regarding wastewater pretreatment and discharge rules and regulations 2 Endorse implementation of a wastewater pretreatment program and 3 Repeal Appendices II III and IV of the Code DISCUSSION The formal endorsement and proposed amendment to Chapter 6 of the Code as approved by Board Resolution No 2002 11 328 were required components of Trinity River Authority's (TRA) 2003 submittal to the Texas Commission on Environmental Quality (TCEQ) seeking approval of TRA's proposed pretreatment program for its Central Regional Wastewater System The proposed Chapter 6 amendments were to become effective and enforceable only upon TCEQ approval The TCEQ approved TRA s submittal in February 2008 Before the Chapter 6 amendment approved by the Board in 2002 was published or implemented however a TCEQ directive to TRA required additional approval and amendment of the chapter Board Resolution No 2009 -06 -116 adopted by the Board at its meeting on June 4 2009 approved an amendment to Chapter 6 that contains all TCEQ approved provisions and also repealed outdated related Appendices II III and IV of the Code The Chapter 6 amendment approved by Resolution No 2002 11 328 is now outdated but the 2002 endorsement remains in effect and requires Council approval Only the newly approved Chapter 6 will be published and implemented by the Board Both State Law and the 1968 Contract and Agreement between the cities of Fort Worth and Dallas require that amendments to the Code of Rules and Regulations for the Dallas -Fort Worth International Airport must be approved by the Councils of both cities. The City of Dallas approved these amendments on May 28 2003 and August 26 2009 at regularly scheduled meetings FISCAL INFORMATION / CERTIFICATION Logname. 12CHP6 RULES REGS Page 1 of 2 The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund /Account/Centers FROM Fund /Account/Centers CERTIFICATIONS Submitted for City Manager's Office by: Tom Higgins (6192) Originating Department Head. David Yett (7623) Additional Information Contact: Charlene Sanders (7611) Logname 12CHP6 RULES REGS Page 2 of 2