Appendix C. AVIGATION RELEASE

ORDINANCE NO. 78-2

AN ORDINANCE PROVIDING FOR THE ADOPTION OF A SOUND EXPOSURE FORECAST MAP PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS DATED OCTOBER 14, 1971, FOR THE PURPOSE OF ESTABLISHING CERTAIN ENVIRONS LAND USE GUIDELINES; PROVIDING A REQUIREMENT THAT ALL OWNERS OF ALL PROPERTY REQUESTING APPROVAL OF A SUBDIVISION PLAT WITHIN THE AREAS DELINEATED ON THE MAP TO EXECUTE AN "AVIGATION RELEASE" WHICH INSTRUMENT SHALL BE ON THE FACE OF THE PLAT; PROVIDING A REQUIREMENT THAT THE OWNERS OF ALL PROPERTY LOCATED WITHIN THE AREA DELINEATED ON THE MAP DESIRING TO CONSTRUCT ANY IMPROVEMENTS ON SAID PROPERTY SHALL, AS A CONDITION PRECEDENT TO THE OBTAINING OF A BUILDING PERMIT AND/OR A CERTIFICATE OF OCCUPANCY, EXECUTE AN "AVIGATION RELEASE" WHICH INSTRUMENT SHALL BE FILED FOR RECORD IN THE DEED RECORD OF TARRANT COUNTY, TEXAS, AND CONSTITUTE A COVENANT RUNNING WITH THE LAND; PROVIDING FOR THE FORM OF THE AVIGATION RELEASE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY.

WHEREAS, the Dallas-Fort Worth Regional Airport was approved in concept and general boundary design and layout pursuant to agreements between the City of Fort Worth, Tarrant County, Texas and the City of Dallas, Dallas County, Texas, along with the approval of the F.A.A. and other Federal Agencies in 1967; and,

WHEREAS, a substantial and significant amount of acreage that was subsequently included in the Dallas-Fort Worth Regional Airport is located within the boundaries of the City of Grapevine, Texas; and,

WHEREAS, since the Regional Airport's conceptual inception, thru it's construction period to it's opening in 1974, all parties have recognized the extreme importance of proper planning and land use within the areas are in reasonably close proximity to said airport and within what is considered noise sensitive areas; and,

WHEREAS, the City of Grapevine has recognized it's role as a governmental body, a Texas Home Rule city, possessing the police power and has consistently and uniformly zoned property within the close proximity of the airport for uses that are generally considered compatible with the airport development; and,

WHEREAS, the North Central Texas Council of Governments made extensive and comprehensive studies of the airport, the surrounding property, and the sound exposure forecasts; and,

WHEREAS, The North Central Texas Council of Governments prepared a map based on said extensive studies dated October 14, 1971, entitled "Aircraft Sound Exposure Dallas/Fort Worth Regional Airport and Environs"; and,

WHEREAS, said map delineated certain areas both within and in the environs of the airport that had characteristics that were in some instances more susceptible to the noise emanating from airport activities; and,

WHEREAS, the map was promulgated for use by all affected governmental bodies as a tool in developing sound zoning, platting, development and construction standards; and,

WHEREAS, the City of Grapevine believes it is in the best interest of it's citizens and property owners to adopt the map as an official document of the city in order to advise all present and potential landowners, developers, subdividers, builders, and particularly all homeowners and owners of businesses of the noise factor and impact as noted on the face of the "map"; and,

WHEREAS, historically in a number of areas throughout the country, and particularly and specifically adjacent to Love Field (owned by the City of Dallas) in the City of Dallas, Texas, adjacent property owners have filed law suits alleging damage to persons and property due to the noise emanating from the airport and in many of those cases the airport was constructed prior to the development of property in close proximity to the airport; and,

WHEREAS, it is the belief of the City Council that the city would be properly and reasonably exercising the police power in the best interest of all it's citizens and property owners for the protection of the peace, health, morals and general welfare of the community by officially adopting the heretofore described maps and by requiring all property owners within certain of the areas desiring to subdivide, develop or improve their property to execute an avigation release to the City of Grapevine, the Cities of Dallas and Fort Worth and the Dallas-Forth Worth Regional Airport Board.

NOW, THEREFORE, ABOVE PREMISES CONSIDERED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE:

Section 1. All of the whereas clauses contained in this ordinance are hereby adopted and approved in their entirety and are deemed incorporated into the body of this ordinance as if copied in full.

Section 2. The map entitled "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport and Environs" dated October 14, 1971, a copy of which is attached to this ordinance [on file] is hereby approved and adopted as it relates to the enforcement of this ordinance.

Section 3. Any party desiring to subdivide their property pursuant to and in accordance with the statutory requirements of V.T.C.A., Local Government Code § 212.001 et seq., and the subdivision rules and regulations of the City of Grapevine, City of Grapevine Ordinance #55-5 [Code of Ordinances, Appendix B] and any and all amendments to said ordinance, which property is located within the area delineated as Zone "B" or Zone "C" on the map adopted in Section 2 shall execute an "avigation release" which avigation release shall appear on the face of all hereinafter approved subdivision plats. No subdivision plat of property located within said Zones "B" and "C" shall be approved without said avigation release being executed in the form hereinafter described in Section 5.

Section 4. Any party desiring to construct any improvement on said property which improvement requires the obtaining of a permit which property is located within the area delineated as Zone "B" or Zone "C" on the map adopted in Section 2 shall execute an avigation release in the form described in Section 5 of this ordinance as a condition precedent to the obtaining of a building permit and a certificate of occupancy.

Section 5. The form of the avigation release required pursuant to Sections 3 and 4 of this ordinance is contained in Exhibit "A" which Exhibit is attached hereto and incorporated herein for all purposes and is hereby approved.

Section 6. This ordinance to the extent necessary shall be deemed an amendment to the city ordinances governing rules and rules of subdivisions and the building code of the city.

Section 7. Severability clause. If any sentence, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

Section 8. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and subject to a fine not to exceed $200.00 for each offense and each and every day any such violation shall exist or continue shall constitute a separate offense.

Section 9. Emergency. The fact that there are no present ordinances of the City of Grapevine relating to the noise factors in the proximity of the Regional Airport and the impact on adjacent property creates an urgency and an emergency and in the preservation of the public health, safety and welfare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provides.

DULY PASSED by the City Council of the City of Grapevine, Texas, this 17 day of January, 1978.

EXHIBIT "A"

"AVIGATION RELEASE

THE STATE OF TEXAS
COUNTY OF TARRANT

WHEREAS,_______, hereinafter called "Owner" (whether one or more), is the owner of that certain parcel of land situated in the City of Grapevine, Tarrant County, Texas, being more particularly described as shown on this plat.

NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby fully acknowledged and confessed, Owner does hereby waive, release, remise and quitclaim to the City of Grapevine, Tarrant County, Texas, the Dallas-Fort Worth International Airport Board, the Cities of Dallas, Texas and Fort Worth, Texas, their successors and assigns, hereinafter called "Cities". for the use and benefit of the public and its agencies, any and all claims for damages of any kind to persons or property that Owner may suffer by reason of the passage and flight of all aircraft in the air space above Owner's property above the height restriction as presently established by Ordinance No. 73-50 of the City of Grapevine, known as the Airport Zoning Ordinance of the Dallas-Fort Worth International Airport, to an infinite height above same, whether such damage shall originate from noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on the Dallas-Fort Worth International Airport.

This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to noise, fumes, dust, fuel and lubricant particles.

It is agreed that this Release shall be binding upon said owner and his heirs and assigns, and successors in interest to said property; and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of the county or counties in which the property is situated.

EXECUTED at _______, Texas, this _______ date of _______, 1992.

_____
OWNER

_____
TITLE

STATE OF TEXAS
COUNTY OF TARRANT

BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared _______, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for purposes and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _______ day of _______, 1992.

_____
Notary Public in and for Tarrant County, Texas

_____
Notary Printed Name

My Commission expires: _____ "

(Ord. No. 92-46, § 2, 8-18-92)