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HomeMy WebLinkAbout0997 03-28-1989ORDINANCE NO. 997 An ordinance by the City Council of the City of Euless, Texas, approving Resolution No. 88 -147, adopted by the Dallas -Fort Worth International 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 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; providing that Resolution No. 88 -147 is cumulative of previous action by the Airport Board; providing a penalty; providing a severability clause; and providing an effective date. WHEREAS, Section 8.F of the 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 1968 Contract and Agreement, as amended, provide that such orders by the Dallas -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 Resolution, 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 approved Dallas -Fort Worth International Airport Board Resolution No. 88 -147; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS: SECTION 1. That all of the declarations and findings contained in the preambles of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 88 -147 of the Dallas- ORDINANCE NO. 997 PAGE 2 OF 4 Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit A and made a part of this ordinance by reference, is hereby approved. 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 in each of the counties of Dallas and Tarrant, 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 principal office of the Airport Board to be 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 Euless would have in the City of Euless, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Euless are enforced. SECTION 4. 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 ORDINANCE NO. 997 PAGE 3 OF 4 without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. 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 Euless and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 14th day of March, 1989; by a vote of 4 ayes, 0 nays, and 0 abstention. GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 28th day of March, 1989; by a vote of 4 ayes, 0 nays, and 0 abstentions. ...e .0 Harold D. Samuels, Mayor ATTEST: H. Ray y, City Secret APPROVED AS TO FORM: M. obe t McFarland, J City A ney ORDINANCE NO. 997 PAGE 4 OF 4