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HomeMy WebLinkAboutRES 1993-011 �..,� �. RESOLUTION NO. 93-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS OPPOSING SENATE BILL 348 AS AMENDED IN ITS ENTIRETY IN THAT IT WILL STRIP THE CITY OF ITS HOME RULE AUTHORITY AND DESTROY THE CITY'S RIGHT TO PROTECT THE HEALTH, SAFETY AND WELFARE OF ITS CITIZENS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in 1988, after years of cooperation between Grapevine and the DFW Airport Board, the Board announced the proposed expansion of the Airport, without requesting Grapevine's input on the expansion project; and WHEREAS, the proposed expansion would result in the construction of virtually a new airport and would violate the zoning ordinances of the City of Grapevine; and � ,* WHEREAS, after the announcement of the expansion of the Airport, the appointed members of the DFW Airport Board filed a lawsuit seeking to declare the ordinances of Grapevine, Euless and � Irving ("Host Cities") , null and void as they relate to the DFW Airport. WHEREAS, a State District Court held that by virtue of the powers given to home-rule cities under the Texas Constitution, the DFW Airport Board, as well as its owners, Dallas and Fort Worth, were required to comply with the zoning ordinances of the Host Cities; and WHEREAS, the DFW Airport, Dallas and Fort Worth and several airlines appealed the case to the Fifth District Court of Appeals in Dallas, where oral arguments were held on January 28, 1993 and a decision is expected shortly; and WHEREAS, on February 12, 1993, Senator Ike Harris introduced S.B. 348 which would give appointed members of an airport board powers co-equal with the State of Texas and a "municipal, county, or other political subdivision shall not enact or enforce a zoning ordinance, subdivision regulation, construction code, or any other ordinance applicable to the airport, air navigation facility, or airport hazard area" ; and � WHEREAS, at the Senate State Affairs Committee hearing held on March 1, 1993 , Senator Harris introduced several amendments to S.B. 348 which modified certain provisions of the Airport Board � and added additional provisions, which amendments further destroy ____ _ __ ___ __ a home-rule city's sovereignty and cripple a city's ability to � '� protect the health, safety and welfare of its citizens; and WHEREAS, one of the amendments to S.B. 348 provides that �► the appointed members of the Airport Board may acquire additional territory within the boundaries of a host city without the consent of the governing body of the host city which is in direct violation of a home-rule city's rights under the Texas Constitution; and WHEREAS, S.B. 348, with the above-referenced amendments, was reported favorable out of committee and sent to the entire Senate for a vote; WHEREAS, S.B. 348 strips the City of its home-rule authority guaranteed by the Texas Constitution and completely destroy the City's ability to regulate the health, safety and welfare of its citizens; and WHEREAS, since the adoption of S.B. 348 would destroy a home-rule city's right to self-government, its passage will likely embroil the parties in further and protracted litigation rather than reducing it as the proponents of the Bill have stated; and WHEREAS, the City of Grapevine admits and acknowledges the benefits associated with the DFW Airport, but asserts that it �,, , has an overriding duty and obligation to protect the health, safety and welfare of its citizens which only can be accomplished if it has the authority to regulate land use within the City; and � WHEREAS, all of the members of the Grapevine City Council are not opposed to the expansion of the DFW Airport but state that the expansion of the Airport should only be completed as a result of the cooperation and negotiation between DFW Airport and its host cities; and WHEREAS, the City of Grapevine has always cooperated with the DFW Airport and has never refused any request by the Airport Board; and WHEREAS, as recently as July of 1992, the City of Grapevine approved a rezoning at DFW Airport relating to the construction of a major UPS facility; and WHEREAS, while the DFW Airport Board has been negotiating with the City of Irving, it has refused to even discuss settling the current controversy with the City of Grapevine; and WHEREAS, the City of Grapevine stands ready to discuss a settlement of the expansion issue with the DFW Airport Board at the �,, earliest possible time; and � _. _ ._ _ _ . . ___ WHEREAS, the dispute between the City of Grapevine and '��' the Airport is a strictly local one and one which should and can be resolved at the local level without the intervention of the Legislature; and � NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Al1 statements contained in the preamble to this Resolution are found to be true and correct and are incorporated herein as if reproduced in their entirety. Section 2 . The City of Grapevine, Texas opposes S.B. 348 as amended and all attempts by the Texas Legislature to abridge a home-rule city's right to protect the health, safety and welfare of its citizens. Section 3 . The Texas Legislature should avoid passing any legislation on this issue and allow the parties to resolve it at the local level. Section 4. This resolution shall become effective from and after its adoption by the Grapevine City Council in accordance with the provisions of the Grapevine City Charter. �� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �. GRAPEVINE, TEXAS on this the 2nd day of March , 1993 . William D. Tate, Mayor City of Grapevine, Texas � �� � C. Sha Wil ks harron Spen e , � � � �' � Will Wickman er y L. Pittman � �,. � . , ,r�l,/(i'�{�_�--� Ted R. Ware Gil Traverse � � ATTEST: � w inda Huff, Cit ecretary � City of Grapevi , Texas (SEAL) PREPARED BY AND APPROVED AS TO LEGALITY BY SPECIAL COUNSEL TO CITY OF GRAPEVINE: @.�-„-""-� Ro ert H. Power, Special Counsel ��� � � �.