HomeMy WebLinkAboutORD 1986-006 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 86-06
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE III OF THE
CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS,
DEALING WITH AIRPORT REGULATIONS AND AMENDING ALL
REFERENCES TO THE DALLAS-FOKT WORTH REGIONAL AIR-
� " PORT TO READ AS THE DALLAS-FORT WORTH INTERNA-
TIONAL AIRPORT; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
�.,.�� OFFENSE AND A SEPARATE OFI'ENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPE-
VINE, TEXAS:
Section 1. That Chapter 3 of the Code of Ordinances, City of
Grapevine, Texas, relating to Airports and Aircraft is hereby amended in the
following particulars 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 the title of Article III is hereby amended to read as follows:
"ARTICLE III. DALLAS-FORT WORTH INTERNATIONAL
AIRPORT REGULATIONS"
B. That Section 3-30 is amended to read as follows:
� "Sec. 3-30. Dallas-Fort Worth International Airport building code;
adopted.
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There is hereby adopted an airport building code for the
purpose of establishing rules and regulations for the construction,
alteration, removal, demolition, equipment, use and occupancy,
location and maintenance of buildings and structures within the
boundaries of the Dallas-Fort Worth International Airport. A copy
of said code, consisting of 594 pages, has been filed in the office
of the city secretary, and the same is hereby adopted and
incorporated as fully as if set out at length herein and the
provisions thereof shall be controlling in the construction of all
buildings and structures only within the boundaries of the Dallas-
Fort Worth International Airport."
C. That Section 3-31 is amended to read as follows:
"Sec. 3-31. Dallas-Fort Worth International Airport fire preven-
tion code; adopted.
There is hereby adopted an airport fire prevention code for
the purpose of prescribing regulations governing conditions haz-
ardous to life and property from fire or explosion within the
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boundaries of the Dallas-Fort Worth International Airport. A copy
of said code, consisting of 243 pages, has been filed in the office
of the city secretary, and the same is hereby adopted and
incorporated as fully as if set out at length herein and the
�j" provisions thereof shall be controlling within the limits of the
Dallas-Fort Worth International Airport."
D. That the title to Chapter 3, Article III, Division 2 is amended to
read as follows:
"DIVISION 2. CODE OF RULES AND REGULATIONS OF
THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD"
E. That Section 3-40, Subsections (a), (b) and (c) are amended to read
as follows:
"(a) The code of rules and regulations of the Dallas-Fort
Worth Regional Airport, 1971 edition, and amendatory resolutions,
copies of which are on file in the office of the city secretary, and
which rules and regulations are set out hereinafter, are hereby
adopted and designated as the "Code of Rules and Regulations of
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the Dallas-Fort Worth International Airport," such code being made
a part hereof as though the same were copied in the ordinance
adopting same, subject to subsection (c) of this section.
"��� (b) The code of rules and regulations of the Dallas-Fort
Worth International Airport shall only be effective within the
bounds of the Dallas-Fort Worth International Airport which bounds
are within the city. This section is also subject to subsection (c)
of this section.
(c) Provided, however, nothing herein shall be deemed to
waive, abrogate or surrender the sovereign governmental power and
authority and proprietary ability of the city to pass ordinances, to
exercise its police power, and perform all necessary governmental
and proprietary functions within the city limits, which city limits
presently encompass a part of the Dallas-Fort Worth International
Airport.'r
Section 2. That Chapter 3, Section 3-40, Subsection (d) of the Code of
Ordinances of the City of Grapevine, Texas, containing the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board is hereby
amended in the following particulars by amending the following Chapters,
Sections and Subsections of said rules and regulations 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.
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A. The title of the Code of Rules and Regulations of the
Airport Board is amended to read as follows:
"THE CODE OF RULES AND REGULATIONS OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD"
B. That Chapter One, Section 1 is amended to read as follows:
"Section 1. Title.
This Code shall be entitled "The Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board,"
may be cited as such, and may be referred to as 'this Code,' or
'the Code."'
C. That Chapter One, Section 2 is amended to read as follows:
"Section 2. Intent.
It is the intent of this Code to establish certain rules and
regulations necessary to the maintenance and promotion of the
�.,-,,. peace, health, good government and welfare of the Dallas-Fort
Worth International Airport, to provide for the best performance of
the functions thereof, for the security of persons using the Airport
and to provide by such rules and regulations and by concurrent
�� ordinances of the cities adopting this Code, for s�zitable penalties
for the violation of its provisions."
D. That Chapter One, Section 3 is amended to read as follows:
"Section 3. Scope.
The provisions of this Code shall constitute a special
enactment of effect only within the boundaries of the Dallas-Fort
Worth International Airport, and adopted in cooperation and
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concert with other cities in recognition of the unique and special
requirements of the planning, acquiring, establishment, develop-
ment, construction, enlargement, improvement, maintenance,
equipment, operation, regulation, and protection and policing of the
Dallas-Fort Worth International Airport. This Code shall not be
construed to waive or set aside any provisions contained in other
existing ordinances, of any city or any law of the State of Texas.
To the extent of any conflict between existing or future general
,�� � ordinances of any city and this Code, this Code shall prevail only
within the boundaries of the Dallas-Fort Worth International
Airport and not otherwise."
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E. That Chapter One, Section 4, subsections (1) and (2) are amended
to read as follows:
"(1) 'Airport' shall mean all of the land, improvements,
facilities and developments within the boundaries of the Dallas-
Fort Worth International Airport.
(2) 'Airport Board' or 'Board' shall mean the Dallas-Fort
Worth International Airport Board."
F. That Chapter Five, Section 1 is amended to read as follows:
"Section 1. Intent.
This Chapter is designed to establish authority and define
procedures for the adoption of additional resolutions, rules,
regulations and orders necessary to the maintenance and promotion
of peace, good government and welfare of the Dallas-Fort Worth
International Airport, for the performance of the functions thereof,
for the order and security of its inhabitants, users and visitors, and
to protect the peace, lives, health and property of such inhabitants,
°y' ' users and visitors."
,�, , G. That Chapter Two, Section 2, Subsections (b) and (c) are hereby
amended to read as follows:
"(b) Except for speed limit signs, all traffic control
devices, signs, signals, markings and insignia as presently located,
erected or installed on the premises of the Dallas-Fort Worth
International Airport, are hereby adopted, affirmed and ratified.
Hereafter, the Executive Director, or the person, officer or
employee designated by him, shall conduct studies and investiga-
tions relating to all such traffic control devices, signs, signals,
markings and insignia, and in accordance with such studies and
determinations shall make such changes as are deemed necessary in
the interest of traffic safety. Such changes, when effected, shall
be entered upon an official map or drawing either by words and/or
by legend, with the notation: 'Change effective on ,
19 (date), and certified by (name and title
of designated person, officer or employee.' Provided, however, the
delegation of authority herein granted shall not extend to estab-
lishing or changing speed limits, whether maximum or minimum,
but same shail be established by the Board according to the
requirements of state law as delegated to cities by legislative
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enactment.
: (c) Based upon the authority vested in the cities of
Dallas and Fort Worth by Sections 169(b) and 170(b) of Article
�,� 6701d of Vernon's Annotated Civil Statutes, the speed limits upon
the streets, ways, passages and vehicular routes within the
boundaries and confines of the Dallas-Fort Worth International
Airport are set, affirmed and ratified as shown on the map or plat
attached hereto, and as described in the attachment. In compli-
ance and in obedience to the above authority, the Dallas-Fort
Worth International Airport Board has determined upon the basis of
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an engineering and traffic investigation that the prima facie
maximum speed limits herein set forth are reasonable and safe
under the conditions found to exist at all intersections and other
places and upon any part of the airport roadway system, having
taken into consideration the width and condition of the pavement
and other circumstances on such portions of said airport roadway
system as well as the usual traffic speed limits thereat and
thereon, which limits when appropriate signs giving notice thereof
� ° are erected shall be effective at any such intersection or other
place or part of the airport roadway system at all times during
hours of daylight or darkness, or at such other times as may be
�µ determined."
H. That Chapter Two, Section 9, Article I, Sections 1-1 and 1-2 are
amended to read as follows:
(1) "Sec. 1-l. Statement of policy.
It is the policy of the Dallas-Fort Worth International
Airport Board and the cities of Dallas and Fort Worth to promote
adequate and efficient taxicab service at the Dallas-Fort Worth
International Airport. To this end, rules and regulations for
taxicab operations on the airport are developed to protect the
public health and safety and to promote the public convenience and
necessity."
(2) "Sec. 1-2. Authority for enforcement.
The director of consumer services for the City of Dallas is
designated as the administrator of the Dallas-Fort Worth Inter-
national Airport taxicab rules and regulations. The administrator
shall implement and enforce the rules and regulations and may by
written order establish procedures, not inconsistent with the rules
�� and regulations, which he determines are necessary to discharge his
duty under or to effect the policy of the rules and regulations."
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I. That Chapter Two, Section 9, Article I, Section 1-3, Subsections
(1), (2), (3) and (13) are amended to read as follows:
(1) "(1) Administrator means the director of consumer ser-
vices for the City of Dallas, or his authorized agent,
with the responsibility of implementing and enforcing
the Dallas-Fort Worth International Airport taxicab
rules and regulations."
(2) "(2) Airport means the Dallas-Fort Worth International
Airport."
(3) "(3) Airport board means the Dallas-Fort Worth Inter-
national Airport Board, the governing body of the
airport."
(4) "(13) Rules and regulations means the taxicab rules and
regulations established under Section 9, "Taxicab
Operations," of Chapter Two, "Regulation of Vehi-
cles," of the Code of Rules and R,egulations of the
Dallas-Fort Worth International Airport Board, as
� LL amended."
J. That Chapter Two, Section 9, Article N, Section 4-4, Subsection
�<-� (b)(2) is hereby amended to read as follows:
"(2) Name as insureds the Dallas-Fort Worth International
Airport and the Cities of Dallas and Fort Worth; and"
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K. That Chapter Five, Section 2 is amended to read as follows:
"Section 2. Airport security.
(a) Airport police. The primary responsibility for police,
fire and health security and for the enforcement of regulations,
and for the performance of inspections and services within the
boundaries of the Dallas-Fort Worth International Airport shall be
��� vested in the Dallas-Fort Worth International Airport Board and in
the police force and such health officers as may from time to time
be duly appointed and commissioned as such officers by the Dallas-
�� Fort Worth International Airport Board.
(b) Special officers. The executive director, or the
person, officer or employee designated by him shall have the
authority upon the following conditions:
(1) The ability, background, moral character, experience
and other pertinent information relating to each
applicant for such position shall be investigated by
the chief of the department of public safety of the
airport. Such investigation may be conducted as
deemed necessary and any questionnaires or informa-
tional forms may be required to be completed by the
applicant prior to appointment;
(2) There is hereby fixed a fee of fifty dollars ($50.00)
for the issuance of a permit to any firm, person or
corporation furnishing a special officers for operation
at the international airport and a fee of ten dollars
($10.00) for the issuance of each permit issued to a
special officer, which shall be collected by the
department of public safety of the Dallas-Fort Worth
"'�""T' International Airport Board at the time of the
issuance of such permits;
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(3) The special officers' authority to carry arms shall be
restricted to definite premises and at prescribed
locations."
L. That Chapter Five, Section 3 is amended to read as follows:
"Section 3. Procedure for adoption of airport rules and regula-
tions.
The Dallas-Fort Worth International Airport Board may from
time to time adopt certain additional resolutions, rules, regulations
and orders which it deems to be necessary to the maintenance and
promotion of the peace, good government and welfare of the
Dallas-Fort Worth International Airport, for the performance of
the functions thereof, for the order and security of its inhabitants,
users and visitors, and to protect the peace, lives, health and
property of such inhabitants, users and visitors, and prescribe
suitable penalties for the violation thereof, all in the manner
prescribed by Articles 46d-7 and 46d-14, Revised Civil Statutes of
Texas, and such rules, regulations and orders shall not be construed
��
as an attempt to waive or set aside any provisions contained in the
existing ordinances of any city or in any law of the State of Texas.
To the extent of any conflict between the existing or future
general ordinances of any city, such rules, regulations and orders of
�� the Dallas-Fort Worth International Airport Board shall prevail and
be effective within the boundaries of the Dallas-Fort Worth
International Airport but not otherwise."
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M. That Chapter Five, Section 4 is amended to read as follows:
"Section 4. Adoption procedures for rules, regulations and orders
with penal provisions.
Duly certified copies of all rules, regulations and orders of
the Dallas-Fort Worth International Airport Board pertainirig to the
subjects mentioned in section 3, and prescribing penalties for
�"""'� violations, shall be forwarded by the Executive Director to the
chief administrative officer of each city adopting this Code, and if
the city council of such city shall elect to enact such rules,
regulations and orders in the manner and form prescribed for other
penal ordinances of such city, the municipal court or courts of such
city shall each have concurrent jurisdiction with any other proper
forum over offenses arising thereunder and within the corporate
limits of such city; and the fully authorized and commissioned
security officers or other enforcement officers of the Dallas-I'ort
Worth International Airport shall thereafter be authorized to file
cases arising thereunder in such municipal courts, in addition to
any other convenient and proper forum."
N. That Chapter Five, Section 5 is amended to read as follows:
"Section 5. Parking and traffic citations; summons.
The authorized and commissioned security officers of the
Dallas-Fort Worth International Airport Board shall issue and use
traffic citations and summons of the type now used by the Texas
Highway Patrol with such changes as are necessitated to render
same applicable to the Dallas-Fort Worth International Airport."
Section 3. That Chapter 3 of the Code of Ordinances, City of
�.>.
Grapevine, Texas, relating to Airports and Aircraft is hereby amended in the
following particulars 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 3-50 is amended to read as follows:
"Sec. 3-50. Dallas-Fort Worth International Joint Airport Zoning
Board -- Created; powers and duties, administering
regulations.
There is hereby created a joint airport zoning board to be
known as the Dallas-Fort Worth International Joint Airport Zoning
Board, which shall have the powers and exercise the duties set
forth in V.A.C.S., Articles 46e-1 through 46e-15, inclusive, as
amended, or as may be amended in the future, commonly known as
the 'Airport Zoning Act'; provided, however, that all regulations
adopted by the joint airport zoning board shall be administered by
the governing body of the political subdivision adopting the
regulations unless said governing body shall specifically provide
otherwise."
B. That Section 3-51 is amended to read as follows:
�,,� "Sec. 3-51. Same -- Composition; terms.
The Dallas-Fort Worth International Joint Airport Zoning
Board shall be composed of two (2) members to be appointed by
�``"� each of the following political subdivisions within the airport
hazard area of the Dallas-Fort Worth International Airport partic-
ipating in its creation: Dallas, Denton and Tarrant counties;
Arlington, Bedford, Colleyville, Coppell, Dallas, Euless, Flower
Mound, Fort Worth, Grand Prairie, Grapevine, Irving, Lewisville,
Southlake, and Westlake; and in addition a chairman elected by a
majority of the members so appointed above.
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Members shall be appointed for a term of two (2) years and
may be removed by the authority which appointed them. Vacancies
shall be filled for the unexpired term of any member whose term
becomes vacant."
C. That Section 3-52 is amended to read as follows:
�r�
'rSec. 3-52. Same -- Right of city to withdraw.
The city reserves the right to withdraw its participation
anytime upon written notice to the Dallas-Fort Worth International
'��° Airport Zoning Board."
D. That the title to Article N, Division 2 is amended to read as
follows:
"DNISION 2. DALLAS FORT-WORTH INTERNATIONAL AIR-
PORT ZONING ORDINANCE"
E. That Section 3-60 is amended to read as follows:
"Sec. 3-60. Short title.
This division shall be known and may be cited as the
ordinance adopting the 'Airport Zoning Ordinance of the Dallas-
Fort Worth International Airport."'
F. That Section 3-61, Subsections (b) and (q) are amended to read as
follows:
(1) "(b) Airport means the Dallas-Fort Worth International
�...
Airport, located in Dallas and Tarrant counties, Texas."
(2) "(q) Zoning map means 'The Hazard Zoning Maps of the
,;�,, Joint Airport Zoning Board for the Dallas-Fort Worth
International Airport."'
G. That Section 3-62 is amended to read as follows:
"Sec. 3-62. Incorporation of hazard zoning maps.
The hazard zoning maps for the Dallas-Fort Worth Inter-
national Airport, prepared by the engineering and architectural
firm of Tippets-Abbett-McCarthy-Stratton, consisting of twenty
(20) pages and dated December, 1970, is hereby incorporated by
reference and made a part hereof for all purposes."
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
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 5. It is hereby declared to be the intention of the City Council
of the City of Grapevine, Texas, that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable, and if any phrase, clause,
"� A sentence, paragraph or section of this ordinance shall be declared unconstitu-
tional, such unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
�A� 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.
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Section 6. The fact that the present Civil and Criminal Code of the
City of Grapevine, Texas, does not adequately regulate conduct at the Airport
creates an emergency that this ordinance shall become effected from and after
its passage as the Charter in such cases provides.
PASSED AND APPROVED BY THE CIZ'Y COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 21�� day of Janu� , 1986.
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Mayor, City of Grapevine, Texas
ATTEST:
Q�
City Secretary
[SEAL]
APPROVED AS TO FORM:
�
City Attorney
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