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HomeMy WebLinkAboutOrdinance 9565~; ORDINANCE NO. ~~(~~ ~~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION NO. 85-219 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, WHICH AMENDS "THE CODE OF RULES AND REGULATIONS OF THE DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD," BY ADDING CHAPTER 6, ENTITLED "CONTRACT FUNDING RULES AND REGULA- TIONS," TO ESTABLISH RULES AND REGULATIONS CONCERNING THE BASIS UPON WHICH THE BOARD WILL LET CONTRACTS AND PERMIT CONSTRUCTION AT DFW AIRPORT BY CONTRACTORS NOT UNDER CON- TRACT DIRECTLY WITH THE BOARD AND TO PROVIDE PROCEDURES BY WHICH CONTRACTS FUNDED BY SOURCES OUTSIDE THE BOARD'S CONTROL WILL BE PERMITTED; CONTAINING A DECLARATION OF PURPOSE; PROVIDING REGULATIONS CONCERNING THE DURATION, SCOPE AND ADMINISTRATION OF SUCH RULES AND REGULATIONS; PROVIDING A PENALTY, A SEVERABILITY AND A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 8.F of the Contract and agreement between the City of Fort Worth, Texas, and the City of Dallas, 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 regulations not exceeding more than Two Hundred Dollars ($200.00) fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F. of the Contract and Agreement provide that such orders by said Airport Board shall become effective only upon approval of the governing bodies of the Cities of Fort Worth and Dallas and pub- lication as therein provided; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board, on October 5, 1971, passed, approved and ordered Resolution No. 71-172, which adopts The Code of Rules and Regulations of the Dallas-Fort Worth International Airport, and thereby defines certain terms; regulates traffic and travel within the Dallas-Fort Worth International Airport; prohibits or otherwise regulates certain personal conduct relating to restricted areas, animals, soliciting, signs, destruction of property, throwing of objects, litter, refusal to pay for services, weapons and explo- sives, fire fighting equipment, kites, organizations, impersonating an officer, camping, swimming, picnicking and photography., produc- tions and polls; establishes certain procedures for the adoption of additional rules, regulations and orders, and the issuance of parking and traffic citations; provides for a fine of not to exceed Two Hundred Dollars ($200.00) for any violation thereof; provides a severability clause; and provides an effective date; and WHEREAS, in accordance with Section Three of Chapter Five of The Code of Rules and Regulations of the Dallas-Fort Worth International Airport, the Airport .Board has adopted Resolution No. 85-219 and has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 85-219 in order that it may become effective as stated by law and in said Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all of the declarations and findings contained in the pre- amble of this ordinance are made a part hereof and shall be fully -2- effective as a part of_ the ordained subject matter of this ordi- nance. SECTION 2. That Resolution No. 85-219 of the Dallas-Fort Worth International Airport Board, a duly certified copy of which is attached hereto and made a part of this ordinance by reference, is hereby approved. SECTION 3. That after publication of a substantive statement relative to the contents of such Board Resolution No. 85-219 of the Dallas-Fort Worth International Airport, and the penalty for the violation thereof, in a newspaper of general circulation in each of the Counties of Tarrant and Dallas, stating that a breach of any provi- sion of said Resolution No. 85-219 of the Dallas-Fort Worth International Airport Board will subject the violator to the inflic- tion of~ a penalty and stating that the full text of said Resolution No. 85-219 and any attachments thereto are on file in the principal office of the Board where the same may be read by any interested party, the said Resolution No. 85-219 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 Fort Worth would have in the City of Fort Worth, and said penalty shall be enforced in the same manner in which penalties pre- scribed by other ordinances of the City of Fort Worth are enforced. -3- r SECTION 4. m,f That the sections, paragraphs, sentences, clauses and phrases of this ordinance and of Resolution No. 85-219 are severable, and, if any phrase, clause, sentence, paragraph or section of this ordi- nance or of Resolution No. 85-219 shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdic- tion, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordi- nance or of Resolution No. 85-219, since the same would have been enacted without the incorporation in this ordinance on in Resolution No. 85-219 of any such unconstitutional phrase, clause, sentence, paragraph or section; further, the passage of this ordinance or of Resolution No. 85-219 shall in no manner affect any other provisions of the Code of Rules and Regulations of the Dallas-Fort Worth inter- national Airport Board, and all such other provisions shall remain in full force and effect. SECTION 5. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Revised Civil Statutes, Article 1176b-1. That the City Secretary of the City of Fort Worth, Texas, is hereby further directed to publish the substance of the proposed rules and regulations in the official newspaper of the City of Fort Worth, Texas, a newspaper of general circulation in Tarrant -4- County, as required by the aforesaid contract and agreement between the City of Fort Worth and the City of Dallas. SECTION 6. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause in the minutes of the City Council and by filing this ordinance in the ordinance records of said City. SECTION 7. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: -5- RESOLUTION NO. 85-219 WHEREAS, under the provisions of Section !03(nX7) of the Internal Revenue Code of 1954, as amended (the "Code"), and Section 1.103(n)-2T of the Temporary Regulations (the "Temporary Regulations"), it is possible that the Joint Revenue Bonds of DFW Airport may be required to be included within the State Private Activity Bond Volume Limitations provided by the Code, as interpreted by the Temporary Regulations; and WHEREAS, such determination is or may be influenced by the source and use of funding of construction contracts at DFW Airport, some of which funding is provided by the tenants of DFW Airport, and some of which is provided by DFW Airport Board through the issuance of Joint Revenue Bonds or Special Facility Revenue Bonds; and WHEREAS, while the Board can and intends to continue to control the purposes for which it issues Joint Revenue Bonds and Special Facility Bonds and to control the expenditures of funds from those sources, it has no control over the funding of a tenant's share of any contract payments obtained from other sources; and WHEREAS, it is the purpose of these Rules and Regulations to establish rules upon the basis of which the Board will let contracts and will permit construction at DFW Airport by contractors not under contract directly with the Board, and to provide procedures by which contracts, funded by sources outside the Board's control, will be permitted, all for the purpose of making certain that the Board's Joint Revenue -Bonds remain outside the State Private Activity Bond Limitations provided by the Code and the Temporary Regulations; NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD: SECTION 1. That the Code of Rules and Regulations of the Dallas- Fort Worth International Airport Board be amended by adding Chapter 6, entitled "Contract Funding Rules and Regulations", in the form attached. SECTION 2. That the Code of Rules and Regulations of the Dallas- Fort Worth International Airport Board, as amended, shall remain in full force and effect, save and except as amended by this Resolution. SECTION 3. That the provisions of this Resolution are severable, and if any segment of this Resolution shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining segments of this Resolution, since the same would have been enacted without the incorporation in this Resolution of any such unconstitutional segment. SECTION 4. That the Executive Director is authorized and directed to request the City Councils of Dallas and Fort Worth to approve this Resolution by the enactment of appropriate ordinances and to thereafter publish the substance of the rules and regulations thus approved in a paper of general circulation in Dallas and Tarrant Counties, respectively, as required by the Contract and Agreement between the two. ATTEST: taff Secretary to Airport Board AS TO FORM: sel to AICDOCt Ba / ~ ;~ ~. hairman _ Dallas-Fort Worth International Airport Board 85-290 Dallas-Fort Worth International Airport Contract Funding Rules and Regulations Section 1 - Pur o Under the provisions of Section 103(nX7) of the Internal Revenue Code of 1954, as amended (the "Code"), and Section 1.103(n)-2T of the Temporary Regulations (the "Temporary Regulations"), it is possible that the Joint Revenue Bonds of DFW Airport may be required to be included within the State Private Activity Bond Volume Limitations provided by the Code, as interpreted by the Temporary Regulations. Such determination is or may be influenced by the source and use of funding of construction contracts at DFW Airport, some of which funding is provided by DFW Airport Board through the issuance of Joint Revenue Bonds or Special Facility Revenue Bonds. While the Board can and intends to continue to control the purposes for which it issues Joint Revenue Bonds and Special Facility Bonds and to control the expenditures of funds from those sources, it has no control over the funding of a tenant's share of any contract payments obtained from other sources. It is the purpose of these Rules and Regulations to establish rules upon the basis of which the Board will permit construction at DFW Airport by contractors not under contract directly with the Board, and to provide procedures by which contracts, funded by sources outside the Board's control, will be permitted, all for the .purpose of making certain that the Board's Joint Revenue Bonds remain outside the State Private Activity Bond Limitations provided by the Code and the Temporary Regulations. Section 2 -Duration The Board expresses its intent to modify or rescind these Rules and Regulations at such time as it has determined that relevant provisions of Section 103(nX7) of the Code, as interpreted by the Temporary Regulations, has been changed, altered, interpreted or applied in a manner that will permit the use of funds obtained by tenants from tax exempt sources in the payment of contracts for DFW Airport improvements without causing the Joint Revenue Bonds of DFW Airport to be included within the Private Activity Bond Volume Limitations provided by Section 103(nX7) of the Code. Section 3 -Scope These Rules and Regulations are in addition to and not in lieu of any other rule, regulation, policy, law or contract provision relating to procurement activities of DFW Airport. Section 4 -Administration of Rules and Regulations These Rules and Regulations shall be administered, under the duection of the Executive Director, by all employees of DFW Airport. The Executive Director, with the advice of the Board's Legal Counsel and the Board's Bond Counsel for Joint Revenue Bond financing, is authorized to develop policies, procedures and practices consistent herewith. Such policies, procedures and practices shall be binding upon all employees, tenants and contractors doing business at or on the Airport. Section S -Definition PERSON as used herein means an individual, corporation, government or governmental subdivision or an agency, trust, partnership or two or more persons having a joint or common economic interest. Section 6 -Tenant Contractors (a) Before authorizing or directing a person to commence work on the Airport (other than planning and design) on any improvement or addition to the Airport not covered by an Airport Board construction contract, an Airport tenant shall: (i) provide the Executive Director an affidavit, in form and substance satisfactory to him containing and warranting the precise source from which the tenant obtained or expects to obtain the funds to pay for the work, such as, tenant's operating revenues, bank loans, stock offerings, sale of debt securities or other sources and a listing of all issues of tax exempt private activity bonds to which it is a party and the proceeds of which are subject to its direction or influence, and the location where the proceeds, if any, are on deposit, along with the name and principal offices of the custodian or trustee holding such funds; and (ii) if requested, third-party verification, such as by a trustee or custodian holding funds derived from tax-exempt financing, or a bank or banker or other party ,pr source providing the tenant's funding, which confirms that, as appropriate, the funds designated for use in paying for the tenant's work are derived from the source stated, or that the third party will not permit the withdrawal of funds held in its custody for the purpose of making improvements at DFW Airport either through payments directly to the Board or through reimbursement of the tenant; and -2- (iii) if requested, an election not to take an investment tax • credit or depreciation with respect to the improvements. The verification and/or election contained in (ii) and (iii) above may be required of the tenant hereunder if the Executive Director, upon advice of the Board's Bond Counsel, deems it necessary in order to protect the tax- free status of Airport Bonds. An Airport tenant may not authorize or direct another to commence work on the Airport (other than planning and design) on an improvement or addition to the Airport unless and until it has received a written acknowledgment from the Executive Director that the information and, where appropriate, the verification and/or election requirements of this paragraph have been satisfied. (b) No Airport tenant and no agent or contractor of an Airport tenant may commence work on the Airport (other than planning and design) on any improvement or addition to the Airport without first obtaining a permit from the Airport Executive Director. (c) The permit required in paragraph (b) shall be issued only if the tenant performing, contracting for or authorizing the on-Airport work has given the Executive Director the information and, if appropriate, the verification and/or election required in paragraph (a). Section 7 -Penal (a) A person commits an offense if he violates or attempts to violate a provision of the rules and regulations applicable to him. A culpable mental state is not required for the commission of an offense under the rules and regulations unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is commited each time an offense occurs. An offense committed under the rules and regulations is punishable by a fine not to exceed $200. (b) Prosecution of an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. ~, 229-85a -3- i M~ F~T:,r:~ ._. ~,~ AccouNTlNa~lz I~< a ? J12ANSPORTATiO?I~PUBLIC W t~ /pl ~,~ n®~ ~1~TER ADMINISTRATION 4 ~~/~ II~JJ/ AVIATION•'1' 1AW41' ~it~ of F®rt worth, ~"ex~cs DATE REFERENCE SUBJECT Rules and Regulations for PAGE NUMBER Contract Funding at Dal 1 as-Fort 1 2-4-86 ** _ 1 r 1 of RECOMMENDATION It is recommended that the City Council adopt the attached ordinance establish- ing certain contract funding rules and regulations at D/FW International Airport. BACKGROUND On December 3, 1985, the Dallas-Fort Worth International Airport Board adopted a resolution amending the Airport Board Code of Rules and Regulations to pro- vide new rules and regulations concerning (1) The basis upon which the Board will let 'contracts and will permit construction at D/FW Airport by contractors not under contract directly with the Board, and (2) The procedures by which contracts, funded by sources outside the Board's control, will be permitted. These changes are for the purpose of making certain that the Board's Joint Revenue Bonds remain outside the State Private Activity Bond Limitations pro- vided by Section 103(n)(7) of the Internal Revenue Code of 1954, as amended, and Section 1.103(n)-2T of the Temporary Regulations. Under the contract and agreement between the City of Fort Worth and the City of Dallas, the new regulations will not be effective until the City Councils of Fort Worth and Dallas adopt them by ordinance. The D/FW Airport Board has requested that the City Councils adopt such ordinances. WA 1 mm Attachment APPRQV~p BY CBTY COUNGlL, F E B ~ 1986 ~Z., ~~~~~~~ City Secaetany of the City of Fort 3ih~,~Li}~,~2GB8 SUBMITTED FOR THE CITY MANAGER'S ~ ., ~ DISPOSITION BY COUNCIL. PROCESSED BY t7FFICE BY r~ ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Wade Adki nS CITY SECRETARY FOR ADDIf10NAL IN FOR-illATlOrI, Adkins 7606 CONTACT W Adopted Ordinance No. i DATE