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HomeMy WebLinkAboutOrdinance 11319T 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION N0. 93-03-067 ADOPTED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD ON MARCH 4, 1993, WHICH RESOLUTION RESCINDS BOARD RESOLUTION N0. 91-102 AND AMENDS CHAPTER 9, SECTION 6 OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, AS AMENDED, WHICH ESTABLISHES A "PUBLIC SWIMMING POOL AND SPA PERMIT INSPECTION PROGRAM"; PROVIDING A PENALTY NOT TO EXCEED $200 00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8 F. of the 1968 Contract and Agreement, as amended, between the City of Fort Worth, Texas, 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 not to exceed a $200.00 fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, 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 Dallas and Fort Worth and proper publication; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board, on May 2, 1988, passed, approved and ordered Resolution No. 88-111, adopting the recodified 1988 Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, which regulates traffic, travel and conduct within the Dallas-Fort Worth International Airport and establishes certain procedures for the adoption of additional rules, regula- tions and orders; and WHEREAS, in accordance with Section 4 of Chapter Ten of the said Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, the Airport Board has requested that the city councils of the Cities of Dallas and Fort Worth approve its Resolution No. 93-03-067 which rescinds Board Resolution No. 91-102 and amends Chapter 9, Section 6 of such Code in order that such amendment may become effective as stated by law and in the Code of the Airport Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH; 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. 93-03-067 of the Dallas-Fort Worth International Airport Board, a copy of which is attached hereto as Exhibit "A" and 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. 93-03-067 of the Dallas-Fort -2- 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. 93-03-067 will subject the violator to a penalty and stating that the full text of Resolution No. 93-03-067 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. 93-03-067 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 shall be enforced in the same manner in which pen- alties 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. 93-03-067 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 unconstitu- tionality or invalidity shall no affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or Resolution No. 93-03-067, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section. -3- SECTION 5. That this ordinance shall take effect immediately from and after its passage and publication as required by law, and 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: City Attorney Date : 5 ' S - ~ ~ ADOPTED : ~ ~~ ~`-~~ EFFECTIVE: U ~~ ~` 9~ -4- MASf~ER FILE ]; ACCOUNTING•2 City of Fort ~ortl~, Texas TRANSPORTATION~PUBLIC .WORKS nTER ADh71Nl$1 R~ayor and Cou~;cil Communicati~~n ENGI ~W~+ > 05/18/93 REFEREN E NUMBER ~YG-10159 LOG NAME 12POOL PAGE 1 of 1 SUBJECT AMENDMENT TO CHAPTER 9 SECTION 6 "PUBLIC SWIMMING POOL AND SPA PERMIT INSPECTION PROGRAM 0~ THE DALLA~-FORT WORTH INTERNATIONAL AIRPORT BOARD CODE OF RULES AND REGULATIONS RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance which approves an amendment to Chapter 9, Section 6, "Public Swimming Pool and Spa Permit Inspection Program," of the Dallas-Fort Worth International Airport Board Code of Rules and Regulations. DISCUSSION: Amendments to the DFW Airport Board Code of Rules and Regulations (the "Code") require approval by the City Councils of Fort Worth and Dallas before they become effective. On March 4, 1993, the Airport Board passed Resolution No. 93-03-067 amending Chapter 9, Section 6 of the Code, "Public Swimming Pool and Spa Permit Inspection Program." Council approval of that amendment is now requested. The proposed amendment designates the Tarrant County Department of Health as the health authority and provides for public swimming pool inspections, requires public swimming pool owners to maintain certified managers, and requires said owners to maintain a valid public swimming pool permit at the rate of $100 annually. Attached is a proposed ordinance which incorporates Resolution No. 93-03-067 and the amendment approved by the Board. FISCAL INFORMATION/CERTIFICATION: The recommended action does not involve the expenditure of funds by the City of Fort Worth. CB:a Su tte or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: to ' APPROl~ED Charles Boswell 8500 Or~g~nat ng 'Department Hea CITY CQ~NCIL Wade Adkins 7623 from ~'~~ ~$ ~~~ For Additional Information ~~ ~ ~ Contact: ity Sx~e~rg of the G City of Port Worth, Tewaa Wade Adkins 7623 Ado fed ~~ Printed on recycled paper