The URL can be used to link to this page

Home My WebLink AboutORD 1989-019 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. ��-19 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, APPROVING RESOLUTION N0. 88-147 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT ADOPTED BY THE AIRPORT BOARD ON JUNE 7, 1988, ADOPTING CONSTRUCTION AND FIRE PREVENTION STANDARDS FOR THE AIRPORT; CREATING THE BOARD OF APPEALS (BOA) OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT AND PRESCRIBING ITS �r AUTHORITY AND POWERS; PROVIDING FOR THE SELECTION AND TERM OF OFFICE OF BOA MEMBERS; PROVIDING FOR PUBLIC HEARINGS, MEETINGS, AND PROCEDURES FOR THE BOA; PROVIDING FOR APPEAL FROM DECISIONS OF THE BUILDING OFFICIAL AND FIRE CHIEF AND PROVIDING FOR A STAY OF PROCEEDINGS UPON APPEAL; PROVIDING FOR THE ADOPTION OF THE 1985 UNIFORM BUILDING CODE, 1985 UNIFORM FIRE CODE, 1987 NATIONAL ELECTRICAL CODE, 1985 UNIFORM MECHANICAL CODE, 1985 UNIFORM PLUMBING CODE, AND 1986 MODEL ENERGY CODE, WITH AMENDMENTS; MAKING IT UNLAWFUL TO INSTALL FIRE PROTECTION, MECHANICAL, PLUMBING, IRRIGATION, OR ELECTRICAL EQUIPMENT WITHOUT A LICENSE; PROVIDING FOR THE TERMINATION OF THE BOARD OF AIRPORT BUILDING CODE OF APPEALS; AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING ARTICLE III, SECTION 3-30 TO REFLECT THE APPROVAL OF THE SAID RESOLUTION N0. 88-147 AND BY DELETING SECTION 3-31 IN ITS ' ENTIRETY; PROVIDING A PENALTY NOT TO EXCEED � u THE SUM OF TWO HUNDRED DOLLARS ( $200 . 00) , EXCEPT AS PROVIDED HEREIN, FOR EACH OFFENSE „�� AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8 .F of a certain 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 a $200 fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8 .F of the said 1968 Contract and Agreement, as amended, provide that such orders by the Da11as-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 June 7, 1988, passed, approved, and ordered Resolution No. 88-147, adopting the Dallas-Fort Worth International Airport Board Construction and Fire Prevention Standards, which creates a Board of Appeals for the purpose of determining the acceptability and adequacy of materials, equipment, and methods of construction at the Airport and adopts the Building, Fire, Electrical, Mechanical, Plumbing, and Energy Codes for the Airport; and WHEREAS, the City Councils of the Cities of Dallas and Fort Worth have heretofore approved Dallas-Fort Worth International Airport Board Resolution No. 88-147, and the City Council of the City of Grapevine deems it to be in the best interest of the citizens of the City to approve the said Resolution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2 . That Chapter 3 of the Code of Ordinances of the City relating to Airports and Aircraft is hereby amended in the following particulars, and that all other chapters, articles, sections, phrases and words of said Code are not amended but are hereby ratified, verified, approved and affirmed: A. That Section 3-30 is hereby amended so that it shall hereafter read as follows: "Sec . 3-30. Dallas-Fort Worth International Airport construction and fire prevention standards; adopted. There is hereby adopted Resolution No. 88-147 of the Dallas-Fort Worth International Airport Board, a true and correct copy of � which has been filed in the office of the city secretary and which is hereby incorporated herein and made a part of this � LL code as if copied herein in its entirety. The said Resolution No. 88-147 adopts construction and fire prevention standards `�""� for the Airport; creates and sets forth the powers of the Airport Board of Appeals (BOA) ; provides for an appeal from the decision of the building official and fire chief; and adopts and amends the 1985 Uniform Building Code, the 1985 Uniform Fire Code, the 1987 National Electrical Code, the 1985 Uniform Mechanical Code, the 1985 Uniform Plumbing Code and the 1986 Model Energy Code. The provisions of the said Resolution No. 88-147 shall be controlling in the construction of all buildings and structures within and only within the boundaries of the Dallas-Fort Worth International Airport. The adoption by the City elsewhere in this code of ordinances of a building code, fire code, electrical code, mechanical code, plumbing code or energy code shall not apply within the Dallas-Fort Worth International Airport. " B. That Section 3-31 relating to the adoption of the Dallas-Fort Worth International Airport fire prevention code is repealed and shall be and is hereby deleted in its entirety. Section 3 . That after publication of a substantive � statement relating to the contents of Resolution No. 88-147 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation within the City, stating that a breach of any provision of Resolution No. 88-147 will subject the violator to a penalty, and stating that the full text of Resolution No. 88-147 and any attachments to it are on file in the office of the City Secretary of the City of Grapevine to be 0196j -2- read by an interested party, Resolution No. 88-147 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 Grapevine would have in the City of Grapevine, and the provisions and penalties of this ordinance shall be enforced in the same manner in which the provisions and penalties prescribed by other ordinances of the City of Grapevine are enforced. Section 4 . Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation � occurs or continues . Section 5 . That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and Resolution No. 88- 147 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 No. 88-147 , since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. Section 6 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. Section 7 . That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Grapevine, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Grapevine, Texas this the 21st day of March , 1989 . _� �- . Mayor, City of Grapevine, Texas Pro Tem ATTEST: City Secret ^�°� [SEAL] APPROVFD AS TO FORM: City Attorney 0196j -3-