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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:
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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.
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(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
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