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HomeMy WebLinkAboutOrdinance 7357 ORDINANCE NO. 73c7 7 AN ORDINANCE APPROPRIATING REVENUE OF THE CITY IN EXCESS OF ITS TOTAL ESTIMATED IN- COME AS SET FORTH IN THE ANNUAL BUDGET FOR THE PURPOSE OF HIRING AN AVIATION CONSULT- ANT IN THE MATTER OF THE APPLICATION OF SOUTHWEST AIRLINES CO. , DOCKET 76-10, BE- FORE THE TEXAS AERONAUTICS COMMISSION; PRO- VIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR APPROPRIATION ORDINANCES; REPEALING ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the City Manager of the City of Fort Worth shall be provided with such revenue as may be secured from the various sources included in Ordinance No. 7206 and in the Budget of the City Manager; and, in addition thereto there is hereby approp- riated the initial sum of Twenty Five Thousand and No/100 Dollars ($25, 000.00) of excess revenue and/or unappropriated surplus to select, engage and pay for the services of aviation consultants to assist in the preparation and presentation of exhibits and testimony in the matter of the Application of Southwest Airlines Co. , Docket 76-10, before the Texas Aeronautics Commission in which Southwest Airlines Co. seeks authority to expand its operations to and from Love Field-Dallas to El Paso, Lubbock, Midland-Odessa, Corpus Christi and Austin in addition to its present service to and from Love-Field to Houston, San Antonio and Harlingen. The City Manager shall also be authorized to pay court and other administrative costs from such special appropriation. SECTION 2. Should any part, portion, section or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining protions, parts, sections or parts of sections of this ordinance, which provisions shall be, remain and con- tinue to be in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 7206, but all other ordinances and appropriations for which provision has been heretofore made are hereby expressly repealed if in conflict with the provisions of this ordinance. SECTION 4. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: .. ;19677 ritik--0,41141.1°.4•1014,1/1".1 S . G. Johndroe, Jr. City Attorney ADOPTED: Jr - Q - 7 6 EFFECTIVE: NEM _A City of Fort Worth, '1 exas UNE Mayor and Council Communication BAILIPR GRAHAM DATE REFERENCE SUBJECT: Consultation, Southwest PAGE NUMBER 'oHNOnea 5/24/76 C-3415 Airlines 1 of 1 The City Attorney has requested assistance in the matter of the application of Southwest Airlines Company for a Texas Air Carrier Certificate of Public Convenience and Necessity, Docket 76-10. R. Dixon Speas Associates are recognized as outstanding aviation consultants and they have agreed to assist in this matter with costs based on the standard rate of charges for personnel involved and direct expenses at cost. While the total cost is not known at this time, it is requested $25,000 be appropriated. Sufficient funds are available in the Airports Fund Reserves. An ordinance has been prepared appropriating these reserves for this purpose. Recommendation It is recommended the City Council: 1) Approve increasing the Airports budget by $25,000 by trans- ferring from Reserves, and 2) Authorize a contract with R. Dixon Speas Associates for services as authorized above. WBG:ms Attachment SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY L APPROVED ❑ OTHER (D CRIBS) ' `'�_� GC /i7� ,7GL ���.`yr� � Z 35-7 ITY SECRETARY DATE CITY MANAGER 7�f�� ■ r _ .111 CITY OF FORT WORTH, TEXAS ■■�� May 14, 1976 DEPA CITY HALL LAW FORT WORTH, TEXAS 76102 335-7211 / AREA CODE 817 Mr. Rodger N. Line City Manager Building Re: In the Matter of the Application of Southwest Airlines, Co. For a Texas Air Carrier Certificate of Public Convenience and Necessity Docket 76-10 Dear Rodger: Southwest Airlines is seeking authority in such cause to provide scheduled air service for passengers and cargo to and from Austin, Corpus Christi, El Paso, Lubbock, Midland-Odessa, Houston, San Antonio, Harlingen and Love Field-Dallas. Southwest Airlines presently has an existing route system between Love Field-Dallas, San Antonio, Houston and Harlingen. The City of Fort Worth and the Fort Worth Area Chamber of Commerce filed a Petition for Leave to Intervene in such cause which Petition was granted by Order of the Examiner dated May 7, 1976. I sincerely believe that it is a matter of grave concern to the City of Fort Worth, the Fort Worth Area Chamber of Commerce, the air traveling public of the City of Fort Worth and its tax payers that such application of Southwest Airlines be vigorously opposed. Notices of Protest have been filed by Braniff Airways, Inc. , Texas International Airlines, Inc. and the Cities and Chambers of Commerce of Midland and Odessa. The Midland-Odessa parties ' Notice of Protest was treated at the prehearing conference as a petition for leave to intervene. I Mr. Rodger N. Line Page 2 By reason of the very serious economic effect and impact the granting of additional service to Love Field-Dallas will have upon the interest of the City of Fort Worth in the Dallas- Fort Worth Regional Airport and in the market areas west of Love Field, in my opinion it is necessary that we hire a competent consulting firm to aid us in the preparation and presentation of our case. I have contacted R. Dixon Speas Associates who are recognized as the most outstanding aviation consultants in the country. I worked with Mr. Speas and one of his assistants, Mr. Cliff Walton, this morning. Mr. Speas has agreed to contract with us and his charges will be based upon the standard rate of charges for personnel involved and direct expenses at cost. Invoicing would be on a monthly basis. It is my recommendation that we should request the City Council to make an appropriation in the initial amount of $25, 000.00 for the preparation of exhibits and testimony and the presentation of evidence in the hearing. This is a very rough estimate as the total cost may exceed such amount. I would suggest that we present this to the City Council as soon as possible for the reason that the Hearing is set to commence in Austin, Texas, on July 19, 1976. Prior to that time the following procedural dates have been established: May 14, 1976 Southwest will provide to all parties a list of its witnesses. Names of additional public witnesses, if any, will be provided to the parties as they become known. May 27, 1976 Southwest will give to all other parties its information responses, its direct exhibits and its prepared written direct testimony. June 18, 1976 All parties but Southwest will provide to all other parties, including Southwest, a list of their witnesses. Names of additional public 'a Mr. Rodger N. Line Page 3 witnesses, if any, will be provided to the parties as they become known. July 9, 1976 All parties but Southwest will give to all other parties, including Southwest, their direct exhibits and prepared written direct testimony. July 19, 1976 Hearing The order of presentation and cross-examination will be as follows: (1) Applicant - Southwest Airlines (2) Carrier parties (alphabetically) (a) Braniff Airways (b) Mid-Continent Airlines (c) Texas International Airlines (3) Civic Parties (alphabetically) (a) Fort Worth Parties (b) Midland-Odessa Parties (c) San Antonio Chamber of Commerce I am attaching hereto a Chronology of Significant Events in the "Southwest Airlines/Love Field/DFW Regional Airport" controversy. Very truly yours, 6.*400...8;44#41444114 S. G. Johndroe, Jr. City Attorney SGJ/mem Encl. CIIRONOLOGY OF SIGNIFICANT EVENTS IN "SOUTHWEST AIRLINES/LOVE FIELD/DFW REGIONAL AIRPORT" CONTROVERSY June 6 , 1972 Suit for declaratory judgment filed in USDC, ND Texas , Dallas Division, by Cities of Dallas and Fort Worth, and the DFW Regional Airport Board, Plaintiffs, v. Southwest Airlines , Inc. , Defendant. March 26, 1973 Trial commenced in U. S. District Judge William M. Taylor, Jr. 's Court in City of Dallas, et al v. Southwest Pir.lines , Inc. , et al, with Mr. I.enry L. Newman, Director, Southwest Region, FAA, testifying as the Plaintiffs' leadoff witness . April 28 , 1973 U. S. District Judge Taylor rules in favor of Defendant Southwest Airlines (Dallas based intrastate air carrier) , the principal points leing: (1) that the proposed exclusion of Southwest Airlines from Love Field by the • Cities constituted an unjust discrimination and the grant of an exclusive right; (2) that the City of Dallas is not obligated to provide Love Field as an airport for Southwest Airlines, but so long as Love Field remains operational as an airport, it is not legally permissible for the Cities to exclude Southwest; and ( 3) that permitting Plaintiffs (Cities/Board) to ban Southwest Airlines from Love Field would he an assumption by Plaintiffs of the power to amend Southwest Airlines ' certificate of public convenience and necessity contrary to the exclusive delegation of jurisdiction over such certificates and the amendment thereof to the Texas Aeronautics Commission (TAC) over appli- cable statutes of the State of Texas. August 1, 1973 Cities of Dallas and Fort Worth and the DFW Regional Airport Board filed Appeal Briefs with U. S. Circuit Court of Appeals , appealing from Judge Taylor's decision. January 13, 1974 DFW Regional Airport officially opens for business , with the eight CABcertificated air carriers moving to DFW and Southwest Airlines remaining at Love Field to continue providing 2 commuter service from Dallas to Houston (Hobby Airport) and San Antonio. March 18, 1974 Oral arguments presented before U. S. Court of Appeals, Fifth Circuit. March 26 , !974 Cities of Dallas and Fort Worth and the DFW Regional Airport Board, Plaintiffs , file suit against Braniff Airways , Inc. , and Texas International Airlines , Inc. , Defendants, DSDC, ND Texas , Fort Worth Division, the pur- pose of which was to enforce compliance with the 1968 Regional Airport Concurrent Bond Ordinance Agreement between the Cities and the eight CABcertificated air carriers (in- cluding Braniff and Texas International) , i.e. , that all commuter service was to be transferred from Love Field to the DFW Regional Airport. March 26, 1974 American Airlines , Inc. and Delta Airlines, Inc. , Plaintiffs, file suit against Braniff Airways , Inc. , Cities of Dallas and Fort Worth, Defendants, for failure to comply with the terms of the said 1968 Concurrent Bond Ordi- nance/Agreement in view of the fact that commuter service at Love Field was still continuing. March 27 , 1974 City of Dallas , et al v. Braniff Airways , et al was cismissed for lack of jurisdiction. April 12 , 1974 City CounC1s of Cities of Dallas and Fort Worth pass ordinances prohibiting scheduled air carrier service from Love Field, Redbird Airport, and Meacham Field after May 1, 1974 . April 17, 1974 U.S . District Judge Taylor issues a Temporary Restraining Order (TRO) enjoining the City of Dallas from enforcing its Ordinance against Southwest Airlines. April 19 , 1974 Judge Taylor ' s TRO expanded to include Braniff Airlines within scope of protection previously afforded to Southwest Airlines . April 26, 1974 Judge Taylor issues an Order of Consolidation, removing American Airlines , Inc. , et al. v. Braniff Airways, Inc. , et al from USDC, ND • 3 Texas , Fort Worth Division, and consolidating it with Southwest Airlines , Inc. v. City of Dallas , USDC, ND, Texas , Dallas Division. May 17, 1974 First meeting of all interested parties in • Judge Taylor' s Court for purpose of exploring ways and means of settling outstanding differ- ences . Parties agree to disagree, and to meet again. May 31, 1974 U. S. Court of Appeals, Fifth Circuit, rules in favor of Southwest Airlines and the Texas Aeronautics Commission (TAC) , affirming the April 23, 1973 , decision of U. S. District Judge Taylor, i.e. , that so long as Love Field remains open as an airport, Southwest Airlines can not be prevented from using it. June 13, 1974 Second meeting of all interested parties in Judge Taylor ' s Court with same result as at first meeting. August 1, 1974 Third meeting of all interested parties in Judge Taylor ' s Court with same result as before. August 9 , 1974 Fourth and final meeting of all interested parties in Judge Taylor ' s Court, with result that no useful purpose would be served by further meetings. September 23, 1974 Cities of Dallas and Fort Worth and the DFW Regional Airport Board file Petition for Writ of Certiorari with U. S. Supreme Court, argu- ing that the Fifth Circuit' s decision (1) voided a part of the National Airport System Plan (NAS) , (2) ignored fact that fields of air safety, airport control and air commerce had been preempted by federal law, and (3) exceeded its proper scope of judicial review by unnecessarily deciding questions of state law. December 10 , 1974 Texas International Airlines , Inc. files suit against the Texas Aeronautics Commission (TAC) , the Cities of Dallas and Fort Worth, the DFW Regional Airport Board, and the seven other CAB- . 4 certificated air carriers alleging the need for resolving certain unsettled Questions of state law. The Cities and the seven other Carriers basically agreed with this view. On the other hand, the TAC and Southwest Airlines opposed the view. December 11, 1974 The U.S . Supreme Court deny Appellants ' Petition for Certiorari, allowing the May 31, 1974 decision of the U.S. Court of Appeals, Fifth Circuit, to stand, which decision had affirmed the April 28, 1973 decision of U.S. District Judge William M. Taylor, Jr. January 27, 1975 The U.S. Supreme Court deny Appellants ' Petition for Rehearing thereby making its decision in City of Dallas , et al v. South- west Airlines, Inc. , final. February 18, 1975 U.S . District Judge Taylor issues an Order permitting voluntary dismissal without prejudice of all litigation then pending before his court. March 21, 1975 Southwest Airlines and the TAC file a new suit in USDC, ND Texas , Dallas Division, alleging that the parties in Texas International v. TAC are relitigating in Judge fathewrid 200th District Court issues which are "res judicata" . Judge Taylor issues a T110, the effect of which prevents the parties from proceeding further in Judge Mathews ' 200th District Court. May 15, 1975 Judge Taylor advises all parties that he is extending the TRO to August 11, 1975, at which time he intends to hold a full hearing on the merits to determine whether the injunction should be made permanent. May 21, 1975 Continental Airlines , Inc. , gives Notice of Appeal of Judge Taylor' s ruling to the U.S. Court of Appeals , Fifth Circuit. June 5, 1975 Judge Taylor issues a series of orders, the effect of which extend the existing TRO into a preliminary injunction which prevents the eight CAB-certificated airlines , the Cities of Dallas and Fort Worth and the DFW Regional Airport Board from "relitigating in a state court issues which have previously 7. 5 been litigated, determined and adjudicated by Judge Taylor' s Court affecting the right of Southwest Airlines to use Love Field. " July 23, 1975 Briefs filed with Fifth Circuit by the various Appellant airlines and Appellant C4-t-i-e-s- a-s,a1R.d Fort Worth, and the BPW August 13, 1975 Briefs filed with Fifth Circuit by Appellee Southwest Airlines and TAC. August 20 , 1975 Reply briefs filed with Fifth Circuit by Appellant Airlines and Appellant Cit ©(FZai The matter is now ready to be decided by the Fifth Circuit on its summary docket (without oral rgument) , or to be set for oral argument // /117 September 23 , 1975 District Judge Charles D. Mathews suspends indefinitely further action in Texas Inter- national Airlines , Inc. , et al v. TAC, et al. , stating that "he would be spinning his wheels in this case (since he) has no ideas what the Fifth Circuit will do. " al /924 '..' 1 �AA 1/44 /61,s1-44 geo,AL4f1441eAF: AeoliAti+Y •: sem C 1ti , 2 wALIA / ,rem ,-4-e. 4/00.4-4e% -erewot