HomeMy WebLinkAboutOrdinance 16502-07-2005ORDINANCE NO 1(osoa-o7-boas
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-
05-187 OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD WHICH AMENDS SECTIONS 2 5 AND
2-6 OF CHAPTER 2 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
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 Texas 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 May 5 2005 passed, approved, and ordered Resolution No 2005-OS-187 which amends
Section 2 5 of Chapter 2 of the Dallas-Fort Worth International Airport Code of Rules and
Regulations to clarify the authorization required by persons and vehicles m places designated
`Restricted Area and Section 2-6 of Chapter 2 of the Dallas-Fort Worth International Airport
Board Code of Rules and Regulations to clarify language permitting the enforcement of traffic
regulations specific to the Air Operations Area, and
WHEREAS the Airport Board has requested that the Councils of the Cities of Fort
Worth and Dallas approve its said Resolution No 2005-OS-187 m order that it 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 2005-OS-187 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 2005-OS 187 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-OS-187 will subject the violator to a penalty and stating that the full text of
Resolution No 2005-OS-187 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-OS 187 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 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 and
Resolution No 2005-OS 187 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 mvahdrty shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution
No 2005-OS-187 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 2005-OS 187 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 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 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 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 TO FORM AND LEGALITY
David Yett, Crty Attorney
BY' ~ G~'n0~~
Assistant Crty Attorney
Date ~ ~~
~~
Adopted.
Effective ~ p4 Cy~~J
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/5/2005 Ordinance No 16502-07 2005
DATE Tuesday July 05 2005
LOG NAME 12DFWRESAREA05 REFERENCE NO *G-14845
SUBJECT
Adoption of an Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2005-
05-187 Approving Amendments of Section 2 5 and 2-6 of Chapter 2 of the Code of Rules and
Regulations of the Dallas/Fort Worth International Airport Board to Clarify the Authorization
Required of Persons and Vehicles Allowed within Places Designated Restricted Area and Clarify
the Language Allowing Traffic Enforcement Specific to the Air Operations Area
RECOMMENDATION
It is recommended that the City- Council adopt the ordinance approving Dallas/Fort Worth International
Airport Board (Airport Board) Resolution 2005-05-187 which amends Section 2 5 and Section 2-6 of
Chapter 2 of the Code of Rules and Regulations of the Dallas /Fort Worth International Airport Board to
clarify the authorization required by persons and vehicles in places designated `Restricted Area and to
clarify language permitting the enforcement of traffic regulations specific to the Air Operations Area (AOA)
DISCUSSION
At its. meeting on May 5 2005 the Airport Board approved amendments to Section 2 5 and Section 2-6 of
Chapter 2 of the Airport Board's Code of Rules and Regulations Both State law and the 1968 Contract and
Agreement between the cities of Fort Worth and Dallas require that amendments to Code of Rules and
Regulations of the Dallas/Fort Worth International Airport Board must be approved by the City Councils of
both cities The City of Dallas approved these amendments on June 22 2005
The Airport Board seeks to amend Section 2 5 of Chapter 2 of the Code of Rules and Regulations of
the Airport Board to clarify the authorization required by persons and vehicles in places designated
`Restricted Area The Airport Board also seeks to amend Section 2-6 of Chapter 2 of the Code of Rules
and Regulations of the Airport Board to clarify language permitting the enforcement of traffic regulations
specific to the Air Operations Area (AOA)
The Airport Board determined that the requested revisions to the Code of Rules and Regulations of
the Airport Board would improve the safety and security of the AOA and aid in the enforcement of violations
of the AOA and other restricted areas of the Airport. In addition amendments to Section 2 5 and Section 2
6 of Chapter 2 will remove ambiguity from the Code of Rules and Regulations of the Airport Board thus
aiding the courts with clearer language for the adjudication of offenses
The action of the Airport Board on May 5 2005 to approve the recommendations to amend Sections 2 5
and 2-6 of Chapter 2 meets the Board's Strategic Imperative of creating a positive competitive and safe
environment for the Airport's employees tenants and traveling public at large
FISCAL INFORMATION/CERTIFICATION
Logname 12DFWRESAREA05 Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~ Marc Ott (8476)
Originating Department Head. David Yett (7623)
Additional Information Contact: Melinda Ramos (7631)
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