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HomeMy WebLinkAboutORD 1985-083 t�RDINANCE NO. 85-83 ' AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF GRAPEVINE, TEXAS, BY AMENDING CHAPTER 3 RELATING TO AIRPORTS AND AIRCRAFT BY AMENDING THE TITLE OF SECTION 3-40(d), CHAPTER TWO, SECTION 9 TO THE "DALLAS/FORT WORTH INTERNATIONAL AIRPORT TAXICAB RULES AND REGULATIONS;" AR�ENDING SECTION 3-40(d), CHAPTER TWO, SECTION 9, ARTICLES II, SECTION 2-6, III SECTION 3-15, AND VIII SECTION 8-5 PROVIDING A TAXICAB REGULATION APPEALS PROCESS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVER.ABILITY CLAUSE; AND DEC- LARING AN EMEP�GENCY BE IT ORDAINED BY THE CITY COUNCIL UF THE CITY OF �RAPEVINE, TEXAS: Section 1. That Chapter 3 of the Code of Ordinance�, City of Grapevine, Texas, relating to Airports and Aircraft is hereby amended in the following particuiars and all other existing Sections, Subsections, Paragraphs, Sentences, Definitions, Phrases and Words of said City Code are not amended, but shall remain intact and are hereby ratified, verified and affirmed: A. That Section 3-4U(d), Chapter Two, Section 9 is hereby titled as follows: "Section 9. Dallas/rort Worth International Airport Taxicab Rules and Regulations." B. That Section 3-40(d), Chapter Two, Section 9, Article II, Section 2- 6 is amended to read as foilows: "Sec. 2-6. Appeal. The denial of an application for issuance or renewal of � taxicab company operating �uthority or a suspension or revocation of taxicab company operating authority may be appealed by the applicant or holder in accordance with Section 8-5 of these rales and regulations." C. That Section 3-4U(d), Chapter Two, Section 9, Article III, Section 3-15 is amended to read as follows: "Sec. 3.15 Appeal. The denial of an appiication for issuance or renewal of a taxicab driver's permii, a suspension of a taxicab driver's permit under Section 3-12, or a revocation of a taxicab driver's permit may �e appealed by the applicant or permittee in accordance with Section 8-5 of these rules and regulations." D. That Section 3-40(d), Chapter Two, Section 9, Article VIII, aection 8-5 is amended to read as follorvs: "Sec. �-5. Appeal. (a) If the administrator denies issuance or renewal of taxicab company operating authority, suspends or revokes t«xicab company operating authority, denies issuance or renewal of a taxicab driver's permit, suspends a taaicab driver's permit under Section 3-12, revokes a taxicab driver's permit, or issues a correction order, under Section 8-3, the action is final unless, within 10 days from the date of receivino notice of the action, the affected applicant, holder, or permittee files an appeai, in writing, with the executive director of the airport specifying the reasons for the appeal. • (b) The executive director of the airport or his desig- nated representative shall act as the appeal hearing officer in an rzppeal hearing under this section. The hearing officer shall give the appealin� party an opportunity to present evidence and make argument in his behalf. The formai rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his rt�ling on the basis of a preponderance of evidence presented at the hearing. �^^ (ci The hearing officer may affirm, modify, or reverse all or part of the order of the administrator. The decision of the hearing ai�:ce► is final. (d) The appealing party shall comply with th� deczsion the appeal hearing officer." Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction �hereof shall be - subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 3. It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared un�onstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paraoraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Section 4. The fact that the present Civil arid Criminal Code of the City of Grapevine, Texas, does not adequately regulate conduct at the Airport '"""' creates an emer�ency that this ordinance shall become effective from and af�er its passage as the Charter in such cases provides. � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 3rd day of December, A.D., 1985. 1�7ayor, City of Grapevine, Texas ATTEST: � . City �ecretary, Ci � of Grapevine, Texas �SEALI APPROVED: � � � � City Attorney, City of Grap ine, Texas -2-