HomeMy WebLinkAbout1116 08-10-1993ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY OF EULESS, TEXAS,
AMENDING SECTION 74-114 "ZONE 'B', AIRCRAFT
EXPOSURE ZONE" OF CHAPTER 74 "SUBDIVISIONS" OF THE
CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS,
AS AMENDED, TO EXPAND THE AREA OF THE CITY IN
WHICH NOISE ATTENUATION MEASURES ARE REQUIRED;
MAKING CERTAIN LEGISLATIVE FINDINGS WITH RESPECT
TO THE FUTURE IMPACT OF AIRPORT AND AIRCRAFT
GENERATED NOISE LEVELS WITIIIN THE CITY; AMENDING
SAID SECTION 74-114 OF THE EULESS CODE OF
ORDINANCES TO REQUIRE THAT AVIGATION EASEMENTS
IN FAVOR OF THE CITY BE ON FILE PRIOR TO ISSUANCE
OF BUILDING PERMITS FOR PROPERTY LOCATED WITHIN
SUCH ZONE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Dallas /Fort Worth Regional Airport, acting through the
Dallas /Fort Worth Regional Airport Board, has previously announced its intention to
construct a commercial air carrier runway located approximately five thousand
(5,000) feet to the west of the westernmost existing air carrier runways located
upon said Dallas /Fort Worth Regional Airport property; and
WHEREAS, the City of Euless, Texas, acting through its City Council, has
vigorously opposed the construction of said additional west side runway as proposed
by the Airport Board, which proposal does not include adequate safeguards for the
health, safety and welfare of the citizens of the City of Euless, Texas; and
WHEREAS, the City of Euless and its sister cities, the City of Grapevine and
the City of Irving, Texas, are presently engaged in various items of litigation
regarding the refusal of the D /FW Airport Board to comply with the lawfully
enacted zoning ordinance of the Host Cities and the failure of the Board to comply
with the provisions of the National Environmental Policy Act; and
WHEREAS, various noise impact studies have been conducted for the City of
Euless, Texas, which project additional adverse impact from commercial airline and
aircraft operation from the proposed west side runway; and
WHEREAS, due to uncertainties as to future compatibility of land uses and
structures with the proposed use of west side runway 16 -34 West by D /FW Airport
it is now necessary for the City to adopt certain requirements for the use and
development of property in certain areas of the City; and
WHEREAS, in order to protect the health, safety and welfare of current and
future citizens of the City of Euless, Texas, the City Council of said city finds and
determines that the area of the city in which noise reduction measures are required
in buildings subject to certain noise — sensitive uses should be expanded; and
ORDINANCE NO. 1116 PAGE 1
WHEREAS, studies and scientific analyses prepared for the City of Euless have
indicated that the area of potential adverse impact from such expanded aircraft
operations will extend westward to at least the center line of Euless Main Street for
the entire length, north to south, of the City of Euless, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
That the legislative findings set forth above are hereby adopted.
II.
That Section 74 -114 "Zone 'B', Aircraft Exposure Zone." of Article III "Plats
and Plans" of Chapter 74 "SUBDIVISIONS ", of the Code of Ordinances of the City of
Euless, Texas, as amended, be hereby amended to hereafter be and read as follows:
(a) Certain sections of the city are declared to be subject to significant
negative impacts from aircraft operations, and are hereby established and
shall be known as Zone "B ".
(b) Zone "B" shall include all territories and properties of the City which lie
to the east of the center line of Euless Main Street extending northward
to the northern city limits of the city, and southward to the southern city
limits of the city.
(c) All final plats of any property within Zone "B" shall bear a properly
executed avigation easement and release (in a form as furnished by the
City) on the face thereof or as an addendum attached thereto and filed
concurrent therewith. For any property within Zone "B" for which a plat
has not been yet filed, or for which a plat has been filed which does not
contain the avigation easement and release form required hereby, a
separate avigation easement and release, on a form provided by the City,
shall be executed and filed of record before any building permit may issue
for construction thereon of any new or substantially reconstructed
principal structure. The term "principal structure" as used herein does
not include room additions or expansions, accessory buildings, tool sheds,
carports, swimming pools, and the like.
(d) Any and all properties located within Zone 'B" shall be subject to the
additional requirements of the Uniform Building Code, as adopted in
Section 14 -1 and as amended in Section 14 -2 of this Code of Ordinances.
III.
Severability Clause. That it is hereby declared to be the intention of the City
Council 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
ORDINANCE NO. 1116 PAGE 2
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
IV.
Saving Clause. That Chapter 74 and the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
V.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the loth day of August 1993 ; by a vote
of 7 ayes, o nays and -6 —abstentions.
ATTEST:
Susan Crim, C C, City Secretary
APPROVED
336
TO FORM:
Attorney
APPROVED:
LA ;It jaztc
Rlaw
Mary Lib Saleh, Mayor
ORDINANCE NO. 1116 PAGE 3
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