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HomeMy WebLinkAboutContract 5387 CITY SE__C E T 0I Y THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THIS CONTRACT AND AGREEMENT entered into on this the 27th day of September 1965, by and between the City of Dallas, a municipal corporation, acting by and through Elgin E. Crull, its duly authorized City Manager, a municipal corporation, acting and the City of Fort Worth, by and through Willard Barr, its duly authorized Mayor, ; W I T N E S S E T Ht • The parties hereto do covenant and agree as follows: 1. ESTABLISHMENT There is hereby established a Joint Regional Airport Board to be known as the Dallas-Fort Worth Joint Regional Airport Board, which hereinafter shall be referred to as the "Board." 2. FUNCTIONS POWERS AND DUTIES The functions, powers and duties of such Board shall be:ao p1an,' acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police.a regional airport or air navigation facility or any airport hazard to be jointly acquired, controlled and operated, as hereinafter set out: Such Board herein created shall be authorized to exercise, on behalf of the City.o£ Dallas and the City of Fort Worth, all of the powers of each with respect to a regional airport to be acquired and such othor faailitioa a3 may bo asaignod to the Board for admin- istration hereunder by the respective City Councils, sub- ject only to the limitations as hereinafter set out in Paragraph 6. 3. ORGANIZATION Within thirty (30) days after the execution of this contract and agreement, the City Council of the City of Dallas and the City Council of the City of Fort Worth shall each appoint three (3) persons as members of. the Board. Such members shall serve for a term of one (1) year from the date of the execution of this contract unless sooner re- lieved by a two-thirds majority vote of the Council appoint- . ing the member to be relieved. Said members shall receive no compensation for their services. The meetings of such Board shall be presided over by a Chairman or Vice Chairman, as the case may be, who shall be selected by the members thereof. Such Board shall adopt and may amend from time to time rules for its own procedures. 4. THE DALL7aS-FORT WORTH JOINT REGIONAL AIRPORT BOARD FUND For -the purpose of providing sufficient funds for the necessary expenditures in carrying out the functions and duties and exercising the powers hereinabove set out, the parties hereto do hereby create a joint fund into which shall be deposited the sum of Twenty Thousand and no/100 Dollars ($20,000.00) and such other sums as may be budgeted by the Board and appropriated by the respective City Coun- cils thereafter. Disbursements from such fund shall be made by order of the Board, subject to the limitations provided in Article 46d-14(d) of the Revised Civil Statutes of the State of Texas, as amended. 5. AUTHORITY TO RECEIVE FEDERAL OR STATE ' .,CONTRIBUTIONS OR LOANS The Board hereby created shall be authorized to make application for, receive and disburse any Federal, State or other contributions or loans and to use and employ the ,revenues obtained for the joint ownership, control and operation of a regional airport or any air navigation fa- cility under its jurisdiction. 6. LIMITATIONS (a) The total expenditures to be made by the Board for any purpose in any calendar year shall be determined by a budget approved by the City Council of the City of Dallas and the City Council of the City of Fort Worth. (b) No airport, air navigation facility, airport hazard or real or personal property, the cost of which is in ex- cess of sums I allotted in the annual budget, may be acquired by the Board without the approval of-the respective City Councils of the parties hereto. (c) The Board herein created and established shall be authorized to recommend to the respective City Councils of the parties hereto the exercise of the power of eminent domain, either within. or without the territorial boundaries of the parties hereto, for the purpose of acquiring lands or interest therein for regional airport purposes. If so authorized, such eminent domain proceedings shall be'insti- tuted in the names of the parties hereto, and the property so acquired shall be held by the respective parties as tenants in common until conveyed by them to the Board, or its successors or assigns. (d) The Board shall not dispose of any airport, air navigation facility or real property under its jurisdiction -except with the consent and approval of the City Councils of the respective parties hereto. (e) The Board hereby created shall be authorized to adopt and repeal such rules, regulations and orders as it may deem necessary for the management, government and use of the airport or air navigation facilities under its con- trol, whether situated within or without the territorial limits of the parties hereto; however, such rules, regula- tions and orders shall not become effective until approval of the City Councils of the respective parties hereto, and, after approval thereby, such rules, regulations and orders of the Board shall have' the same force and effect with respect to the property owned or operated under the juris- diction of the Board as the ordinances, resolutions, rules, regulations or orders of the City Council of the City of Dallas and the City Council of the City of Fort Worth have in their own respective territories or jurisdictions. 7. TERM The term of this contract and agreement shall be for a period of three (3) years from the date of the execution hereof and at the will of the respective City Councils of citiobi it being the intont horeof tnAt, i upon the authorization by the Legislature and the electorate of the right to form a Regional Airport Authority and the creation of that body, such. steps shall be taken as may be necessary to transfer and assign to the Regional Airport Authority the ownership and operation of the facilities ad- ministered by this Board, at which time any and all expendi- tures made by the respective cities shall be reimbursed to it by the Regional Airport Authority, and any and all as- signments, transfers, conveyances or documents necessary for the orderly transfer of the administration and ownership of the facilities shall be executed by the Board, subject to the approval of, and with the concurrence of, the City Councils of the respective cities. 8. EXPEi�'SES OF THE SAID BOARD The powers vested in the parties hereto by the Munici- pal Airports Act, Article 46d of the Revised Civil statutes of the State of Texas, for the planning, establishment, de- velopment, construction, enlargement, improvement, mainte- nance, equipment, operation, regulation, protection and policing of a regional airport through which service to the area is to be provided by certificated air carriers shall be vested in the Board hereby created, provided, however, that the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equip- ment, operation, regulation, protection and policing shall be the responsibility of the respective parties hereto until such time as a Regional Airport Authority is created by the Legislature of the St«6e of Texas and the regional airports or other navigation facilities estab.li_shed, owned or con- trolled or to be established, owned or controlled by the parties hereto are conveyed to such Regional Airport Au- thority, same to be performed in all events in accordance with the provisions of said Municipal Airports Act: 9. BOARD TENURE It is the intent of the constituent cities to create this Board with the powers provided under the Municipal Airports Act as an interim board pending the establish- ment of a Regional Airport Authority when authorized by the Legislature and the electorate of the respective cities and/or counties. 10. ATTORNEYS FOR BOARD During the existence of this Board, the city Attorneys for the respective cities shall jointly serve as attorneys for and in behalf of the Board hereby created. EXECUTED in duplicate originals this the 27th day of September 1965, by the respective officers of the constituent cities as thereunto authorized. I CITY OF DALLAS BY city'manager OF �TT City Secretary City Auditor I APPROVED AS' TO FORM AND•LPGA ITY: C1ty Attorne CITY OF FORT WORTH BY Mayor ATTEST, r ity Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney