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HomeMy WebLinkAboutContract 26903 CITY CON RACTENO Y (fid THE STATE OF TEXAS § =� J COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § AMENDMENT TO CONTRACT AND AGREEMENT (Paragraph 8.F., Regarding Maximum Fines) THIS AMENDMENT TO CONTRACT AND AGREEMENT (herein called "Amendment") is entered into and effective this 26th day of June, 2001, by and between the CITY OF DALLAS, TEXAS, a municipal corporation acting by and through its duly authorized City Manager, and the CITY OF FORT WORTH, TEXAS, a municipal corporation acting by and through its duly authorized City Manager(both parties herein jointly called the "Cities"). WITNESSETH: WHEREAS,the Parties hereto did, by that certain Contract and Agreement, dated April 15, 1968, provide for the construction and operation of the Dallas-Fort Worth International Airport (the "Airport"), and continued, expanded and further defined the powers and duties of the Dallas-Fort Worth International Airport Board (the "Board"); and WHEREAS, the parties have heretofore authorized and executed five amendments to the Contract and Agreement; and WHEREAS, Paragraph 8.F. of the Contract and Agreement, among other powers, authorizes the Board 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 violation of any rule or regulation not exceeding more than a$200 fine; and WHEREAS, State law has been amended to increase the maximum fine for (i) a Class C misdemeanor from $200 to $500, and (ii) an ordinance violation from $200 to $500, except for violation of a fire safety, zoning, or public health and sanitation regulation, for which the maximum fine increased to $2000; and WHEREAS, the Board has requested the Cities to amend Paragraph 8.F. of the Contract and Agreement, relating to the maximum fine amount the Board may set, to permit the Board to prescribe higher fines for violations of its rules and regulations; and WHEREAS, the City of Dallas, by Resolution No. 01-1471, approved May 9, 2001, and the City of Fort Worth, by Resolution No. 2743, approved June 26, 2001, authorized the execution of this Amendment (being the sixth such amendment) to the Contract and Agreement between the Cities, to amend Paragraph 8.F. to permit the Board to prescribe reasonable penalties for violation of the Airport's rules and regulations not exceeding the maximum fines authorized by State law; NOW, THEREFORE,the Cities of Dallas and Fort Worth hereby agree as follows: SECTION 1. Paragraph 8.F. of the Contract and Agreement is hereby amended to read as follows: �n U Uo tli"Up U, m 8. POWERS AND DUTIES 'IF. The 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; to employ and constitute its own security force and peace officers; and any member of such security force and any such peace officer or any county peace officer, shall have the power to make arrests when necessary to prevent or abate the commission of any offence against any rule or regulation of the Board and against the laws of the State of Texas or the United States of America, when any such offense or threatened offense occurs upon any lands or facilities controlled and/or operated by the Board. The Board may prescribe reasonable penalties for the breach of any rule or regulation not exceeding more than the maximum fines authorized by State law. All such rules, regulations or orders shall become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth, and after publication of a substantive statement of the rule or regulation and the penalty for violation thereof, in a newspaper of general circulation in each of the Counties of Dallas and Tarrant. The notice shall state that a breach of the rule or regulation will subject the violator to the infliction of a penalty and shall state that the full text of the rule or regulation sought to be enforced is on file in the principal office of the Board where the same may be read by any interested party. Said rules and regulations properly authorized as herein set out and as provided by law, shall, after the required publication, be judicially recognized by the courts the same as other valid penal ordinances of a city of this State." SECTION 2. All other terms of the Contract and Agreement, as previously amended, shall remain in full force and effect, [THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK.] Aff c"�I-�G1RXPV ENTERED INTO as of the date first above written, and executed in multiple originals by the duly authorized officers of the constituent Cities. ATTEST: CITY OF DALLAS,TEXAS TEODORO J. BENAVIDES City Manager B BY SHIItLE AC M RY S City Sec etary First As istant City Manager APPROVED AS TO FORM: MADELEINE B. JOHNSON City Attorney BY &'-Z '�/Z CHARLES M. BIERFELD Special Assistant City Attorney ATTEST: CITY OF FORT WORTH, TEXAS GARY W. JACKSON City Manager r r BY BY 67 - GLORIOtAkSON 7-//-p / CHARLES R. BOSWELL City Se retary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Contract Authorization BY Date DAVID L. YETT City Attorney 3 (ACKNOWLEDGMENTS) THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on Ju1L I Q , 2001, by Mary K. Suhm, First Assistant City Manager of the City of Dallas,Texas, a municipal corporation, on behalf of said municipal corporation. I co�- G" JESSICA RIGS l Not Public, State of Texas Notary Public ° STATE OF TEXAS J ass 1 ca Commission Expires 02/17/02 (Typed or Printed Name of Notary) My Commission Expires: a— m—Q THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on -TLLl I , 2001, by Charles R. Boswell, Assistant City Manager of the City of Fort Worth,Texas, a municipal corporation, on behalf of said municipal corporation. ROSELLA BARNES NOTARY PUBLIC Notary Public, State of Texas * * ,,lr State of Texas Comm,Exp.03-31-2005 05 e,It A 6A"R/✓c (Typed or Printed Name of Notary) My Commission Expires: 03 ' 31--a o cS D . 4 A Resolution NO. 2-1 k+--Y Approving an Amendment to the Contract and Agreement Between the City of Fort Worth,Texas and the City of Dallas,Texas dated April 15, 1968. WHEREAS, in 1968, the Cities of Fort Worth and Dallas, pursuant to State law, entered into the Contract and Agreement, effective April 15, 1968, authorizing and directing the D-FW International Airport Board.(the 'Board"), acting on behalf of the owner Cities, to proceed with the design, construction, development and operation of D- FW International Airport(the "Airport); and WHEREAS, Paragraph 8.F. of the Contract and Agreement authorizes the Board 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 violation of any rule or regulation not exceeding more than$200 fine; and WHEREAS, subsequently, State law was amended to increase the maximum fine for (i) a Class C misdemeanor from $200 to $500, and (ii) an ordinance violation from $200 to $500, except for violation of a fire safety, zoning, or public health and sanitation regulation, for which the maximum fine increased to $2000; and WHEREAS, on February 1, 2001, the Board approved a Resolution No. 2001- 02-55 requesting that the Cities of Fort Worth and Dallas amend Paragraph S.F. of the Contract and Agreement, relating to the maximum fine amount the Board may set, to permit the Board to prescribe the higher fines for violations of its rules and regulations; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCI� OF FORT WORTH,TEXAS THAT: SECTION 1: Following approval as to form by the'City Attorney, the City Manager is hereby authorized to execute an amendment to the 1968 Contract and Agreement between the Cities of Fort Worth and Dallas, amending Paragraph 8.F. to permit the Board to prescribe reasonable penalties for violation of the Airport's rules and regulations not exceeding the maximum fines authorized by State law. w)P D (Vi CITY OF FORT WORTH SECTION 2: That this resolution shall be effective immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved. ADOPTED this 0 day of June 2001. BY: (t -, Kenneth Barr Mayor, City of Fort Worth ATTEST: Bar ax., Gloria P arson City Secretary APPROVED AS TO FORM: i By. David L. Yett City Attorney ` TEX OFFICIAL ACTION OF THE DALLAS CITY COUNCIL May 9, 2001 01-1471 Item 78: Authorize an amendment to the Contract and Agreement between the Cities of Dallas and Fort Worth relating to the maximum fine amount for violations of the rules and regulations of the Dallas-Fort Worth International Airport Board - Financing: No cost consideration to the City Mayor Pro Tem Poss moved to approve the item. Motion seconded by Deputy Mayor Pro Tem Salazar and unanimously adopted. 5/18/01 914 AM G:X00 M IMCC050901.DOC OFFICE OF THE CITY SECRETARY CITY OF DALLAS,TEXAS 011471 COUNCIL CHAMBER May 9, 2001 WHEREAS, in 1968, the Cities of Dallas and Fort Worth, pursuant to State law, entered into the Contract and Agreement, effective April 15, 1968, authorizing and directing the D-FW International Airport Board (the "Board"), acting on behalf of the owner Cities, to proceed with the design, construction, development and operation of D-FW International Airport (the "Airport"); and WHEREAS, Paragraph 8.F. of the Contract and Agreement authorizes the Board 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 violation of any rule or regulation not exceeding more than a $200 fine; and WHEREAS, subsequently, State law was amended to increase the maximum fine for (i) a Class C misdemeanor from $200 to $500, and (ii) an ordinance violation from $200 to $500, except for violation of a fire safety, zoning, or public health and sanitation regulation, for which the maximum fine increased to $2000; and WHEREAS, the Board has requested the Cities to amend Paragraph 8.F. of the Contract and Agreement, relating to the maximum fine amount the Board may set, to permit the Board to prescribe the higher fines for violations of its rules and regulations; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1: That following approval as to form by the City Attorney, the City Manager is hereby authorized to execute an amendment to the 1968 Contract and Agreement between the Cities of Dallas and Fort Worth, amending Paragraph 8.17. to permit the Board to prescribe reasonable penalties for violation of the Airport's rules and regulations not exceeding the maximum fines authorized by State law. SECTION 2: That this resolution shall be effective immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AMOVED BY CITY COUNCIL MAY 0 9 2001 MQ w !M"Ovw M"Om APPROI;-j�L- � hy entay MLAO Of DLPAA;TMM 0�4& Crry id-