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HomeMy WebLinkAbout93-796 01-12-1993CITY OF EULESS, TEXAS RESOLUTION NO. 93 -796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, REVIEWING THE HISTORY OF ITS ENACTMENT OF ZONING ORDINANCES THAT ENCOMPASS THE DALLAS /FORT WORTH INTERNATIONAL AIRPORT AND SETTING FORTH ITS CLEAR AND UNEQUIVOCAL STATEMENT THAT THE USE OF THE LAND AND STRUCTURES AT THE DALLAS /FORT WORTH INTERNATIONAL AIRPORT CONSTRUCTED PRIOR TO THE PASSAGE OF ORDINANCE NO. 1016 ON THE TWENTY - EIGHTH DAY OF NOVEMBER 1989 WERE LEGAL AND VALID USES, AND CONTINUE TO BE LEGAL AND VALID USES AT THIS TIME AND THE CITY HAS NO DESIRE TO SHUT DOWN THE AIRPORT BY 1994 AS CLAIMED BY THE DALLAS FORT WORTH AIRPORT BOARD. WHEREAS, approximately 3,200 acres of the Dallas /Fort Worth International Airport (the "Airport ") encompassing some of its structures and facilities lie within the city limits of Euless, Texas (the "City "); and WHEREAS, the Airport Board and its staff, after suing the Cities of Euless, Grapevine and Irving (the "Host Cities ") and receiving an adverse decision in the District Court of Dallas County, Texas, that affirmed the Host Cities'zoning power over property owned by the Airport in each of their respective cities, are now asking the Texas Legislature to overturn that Court decision and amend the Texas Municipal Airports Act to eliminate the historical zoning power of the three (3) cities over property located within their city limits; and WHEREAS, the Airport Board is circulating literature to members of the Legislature, State officials, the press, owners and operators of airports throughout the State and the general public in support of what it terms a "Legislative solution" that states: "The zoning ordinances adopted by the Cities of Euless and Grapevine could force closure of D /FW Airport as a non - conforming use in 1994 "; and WHEREAS, the City of Euless strongly opposes Legislative intervention into a matter that so totally affects the home rule powers of the Cities of Euless, Grapevine and Irving, and also negatively impacts the ability of cities throughout the State to exercise their constitutionally afforded rights as home rule cities and similarly opposes the Legislative intervention in a pending lawsuit that requests the Legislature to overturn a valid and correct District Court Judgment; and WHEREAS, the City of Euless feels compelled to clear the record and to dispel any question or apprehension whatsoever about the alleged and unfounded threat of the Airport being forced to close in 1994; and WHEREAS, the barrage of publicity and official statements emanating from the Airport that the D /FW Airport is subject to closure in 1994 are totally false, without any legal or factual foundation and could only be stated with the intent to inflame and prejudice the Legislature and the general public against the Host Cities; and WHEREAS, such misleading and incorrect statements are intemperate, do not exhibit sound judgment and could not reflect the true attitude of the elected City Councils of the Cities of Dallas and Fort Worth, the owners of the Airport; and WHEREAS, it is incredulous that the Airport would be making such rash allegations without any statements whatsoever from the Cities of Euless and Grapevine that the two (2) cities would, even if they could, close the Airport in 1994; and WHEREAS, the City of Grapevine adopted a Resolution similar to this one expressing the fact that the City of Grapevine has no intention of closing the Airport in 1994, which Resolution the Euless City Council fully supports and adopts herein; and WHEREAS, all of the past history of the Airport reflects that the City of Euless has been a substantial supporter of the Airport and no credible statements even allude to the possibility of the Airport being closed by any action of the City of Euless; and WHEREAS, the statements of the Airport and its officials are purposefully destructive in nature and do not make any contribution whatsoever toward all parties trying to reach a responsible solution to the issue of future growth at the Airport for the benefit of the people of Texas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS DOES HEREBY RESOLVE AS FOLLOWS: I. All statements in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. II. The factual history relating to the zoning of the Airport by the City is as follows: A) The property which constitutes the Airport was annexed by the City in the early 1960's and under the City's Zoning Ordinance all land that is annexed into the City is designated for residential purposes until the owner of the property requests a rezoning of the land to accommodate the intended use of the property. B) The City of Euless, the Airport and other cities and impacted entities entered into an agreement, effective date of December 4, 1968, entitled "Letter of Intent and Agreement between owners of Dallas -Fort Worth Regional Airport and Members of the North Texas Regional Airport Committee," which agreement was the basis for a harmonious relationship between the Airport and Euless for nearly twenty years. C) The City of Euless has approved numerous requests submitted by the Airport throughout the years relating to matters such as the adoption of the Airport's Rules and Regulations applicable on Airport property and has not failed or refused to take action on any matter submitted to it by the Airport. D) In 1989, the City amended its basic Zoning Ordinance by the passage of Ordinance No. 1016 which provided that all airport uses were required to be located in Industrial Zoning Districts. Ordinance No. 1016 also amended the City's Zoning Ordinance by requiring airports, as well as other uses, to apply for a Specific Use Permit. The Airport has failed and refused to either seek a Specific Use Permit or to seek a rezoning from residential to industrial. If the Airport simply submits the proper zoning application, and if said application is approved, there will no longer be any question of nonconforming uses because the use will then be a conforming use. All improvements and structures, and uses that were in place on November 28, 1989 were considered as legal and valid, and those uses remained legal and valid after the passage of the ordinance and are legal and valid today. - 3 - E) All of the City's ordinances, as required by law, are prospective and not retroactive to any existing legal and valid uses. All future expansion developments at the Airport after the passage of Ordinance No. 1016 are governed by that ordinance. F) While the portion of the Airport within Euless is technically a nonconforming use under the City's Zoning Ordinance, Section 12 of the ordinance dealing with nonconforming uses provides that nonconforming uses can continue to be operated provided they are not enlarged or expanded. Therefore, the Airport can continue to be operated within the City and not be closed in 1994 as erroneously stated by the Airport. The following statements, findings and conclusions are true and correct and are supported by the official actions and records of the City of Euless and the City Council unanimously supports each and every statement, finding and conclusion. A) All of the structures, improvements, and uses in place on November 28, 1989 at D /FW Airport were and continue to be legal and valid uses under the City's Comprehensive Zoning Ordinance. B) The City of Euless has no legal authority or ability either under State law or Section 12 of its Comprehensive Zoning Ordinance, dealing with non- conforming uses and structures, to close D /FW Airport in 1994 and the City of Euless has never expressed any intent to even consider that as a possibility, even if such legal authority were available. IV. The City of Euless respectfully requests the Airport Board and its staff to correct, withdraw, and rescind all public statements previously made that allege the Airport is subject to closure by the City of Euless in 1994 since such statements are false and sought merely to inflame the Legislature and the public. - 4 - PASSED AND APPROVED by the City Council of the City of Euless, Texas this the 12th day of January, 1993. ATTEST: usan Crim,(City Secretary, City of Euless, Texas [SEAL] PREPARED BY AND APPROVED AS TO LEGALITY BY SPECIAL COUNSEL TO CITY OF ULESS : Robert H. Power, Special Counsel Harold D. Samuels, Mayor City of Euless, Texas