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HomeMy WebLinkAboutResolution 1860A Resolut'iQO/^n_ ~ ARSOLUTiON NO.' ~/~!~f 1" APPROVING AN AMENDMENT TO THE CARSWELL AIR FORCE BASE INTERLOCAL AGREEMENT WHEREAS, the Cities of Fort Worth, White Settlement and Westworth Village have heretofore entered into an interlocal cooperative agreement (on file in the office of the City Secretary of Fort Worth as City Secretary Contract No. 18833) in order to facilitate the coordination of the planning process associated with the closure and redevelopment of Carswell Air Force Base; and WHEREAS, in order to more effectively implement Carswell rede- velopment, it is necessary to provide for the creation of a single local government entity, said entity to be known as the Carswell Redevelopment Authority (the Authority); and WHEREAS, the Authority will be staffed by an executive director and administered by a board of directors composed of appointees by the parties to the interlocal agreement, as amended; and WHEREAS, it is desirable to provide for the addition of Tarrant County as a party to the interlocal agreement and for its representation on the board of directors of the Authority; and WHEREAS, the parties to the interlocal agreement agree that the Carswell reuse plan should be implemented, to the extent possible, so as to result in no cost or expense to the parties to the agreement. However, in the event that a party is requested to provide funds, the amended inter- local agreement sets forth the appropriate level of financial support to be provided by each party, which is in proportion to each party's representation on the board of directors; and WHEREAS, if any party to the agreement fails or refuses to appro- priate funds in the manner provided, the party will lose its representation on the board and shall no longer be a party to the agreement; and WHEREAS, the approval of this agreement by the Fort Worth City ' Council shall be conditioned upon the approval of this proposed amended agreement by Tarrant County, White Settlement and Westworth Village in the form approved by this resolution; CITY OF FORT WORTH ` ~, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City Manager be authorized to execute the First Amended Interlocal Cooperative Agreement between the Cities of Fort Worth, White Settlement and Westworth Village and Tarrant County, a true copy of which is attached hereto as Exhibit ''A" and incorporated as if set out in full herein. ADOPTED this p~!~tlt.aay of /I/(~~ , 1992. APPROVER c~rY couua~ OC7 27 1992 11.E-~J ~--.~.~ City Secretary o[ the City of Fort Wox1h, 3exaa a CITY OF FORT WORTH EXHIBIT A , ~ FIRST AMENDED INTERLOCAL COOPERATIVE AGREEMENT WHEREAS, Chapter 791 of the Government Code and Article 46d-14, V.A.T.S., provide authority for local governments to contract with one another to perform governmental functions and services; and WHEREAS, Section 791.013 of said Chapter and Article 46d-14 provide that the parties to an interlocal agreement may create an administrative agency or designate an existing local government to supervise the performance of the agreement; and WHEREAS, the agency or designated local government may employ personnel to perform the administrative activities and provide administrative services necessary to perform the interlocal agreement; and WHEREAS, the Cities of Fort Worth, White Settlement and Westworth village have heretofore entered into an interlocal cooperative agreement (on file in the office of the City Secretary of Fort Worth as City Secretary Contract No. 18833) in order to coordinate the planning process associated with the closure of Carswell Air Force Hase; WHEREAS, said Contract No. 18833 was intended to provide a framework for the initial glanning for Carswell redevelopment and • for the receipt and administration of the initial Office of Economic Adjustment (OEA) planning grant and the Federal Aviation Administration (FAA) Airport Master Plan Grant; and WHEREAS, said Contract No. 18833 created an oversight board consisting of the Mayor (or designee) of the three cities and further designated the City of Fort Worth as the responsible party for supervision and performance of the Contract, with each city to be responsible for i'ts appropriate share of local matching funds and services; and WHEREAS, significant planning efforts have been undertaken and accomplished, including the preparation and submission of a draft reuse plan and the award of contract and commencement of work on an Airport Master Plan; and WHEREAS, now the Carswell redevelopment process is prepared to enter into a second phase which will be focused upon the preparation of a business plan for redevelopment, the hiring of an executive director (and necessary support staff), and the acquisi- tion of base real and personal property; and • WHEREAS, in order to effectively implement these goals, it is necessary to provide for the addition of Tarrant County as a party to the interlocal agreement and to create an administrative agency pursuant to Chapter 791 of the Government Code and Article 46d-14 and to expand the membership of the board; ~ NOW, THEREFORE, This agreement is made and entered into by and between the Cities of Fort Worth, White Settlement and Westworth Village and the County of Tarrant, said parties acting herein by and through their duly authorized representatives: 1. PURPOSE The purpose of this agreement is to provide for a single local government entity to coordinate the planning efforts asso- ciated with the closure of Carswell Air Force Base and the adapta- tion and reuse of personal and real property at Carswell Air Force Base to other uses. These planning efforts shall include without limitation the right to apply for and receive grants from the federal and state governments for the purpose of funding this planning process. 2. TERM This interlocal agreement shall have a term of one year from the date of execution by all parties. In addition, this inter- . local agreement shall be renewed annually unless written notice of intent not to renew is given by any party to this agreement within thirty (30) days of the end of the primary or any renewal term. Any party paying for the performance of governmental functions or services under this agreement shall make payments therefor from current revenues available to the paying party. 3. CARSWELL REDEVELOPMENT AUTHORITY a. Pursuant to the provisions of Section 791.013 of the'Texas Government Code and Article 46d-14, V.A.T.S., the parties to this interlocal contract hereby create an administrative agency to supervise the performance of this contract to be known as the "Carswell Redevelopment Authority". b. The Authority shall have all of the powers, express or implied, authorized by the Interlocal Cooperation Act (Chapter 791, Tex. Gov't. Code), Article 46d-14, V.A.T.S., and this agreement, including without limitation the power to • take title to real and personal property, contract with governmental and private entities, employ personnel, perform administrative activities and provide administrative services necessary to execute the terms of this agreement. 2 ~' c. The Carswell Redevelopment Authority shall be administered by a board of directors consisting of the following persons: 1) Four (4) members appointed by the Tarrant County Commissioner's Court. 2) Three (3) members appointed by the Fort Worth City • Council. 3) One (1) member appointed by the City Council of White Settlement. 4) One (1) member appointed by the City Council of Westworth Village. r d. The board, by majority vote, shall appoint an executive director to be the chief executive officer of the authority, and said executive director shall serve at the pleasure of the board. e. The Board shall meet at such times as are necessary to ensure the implementation of the provisions of this agreement, and meetings may be called by a quorum of the board for this purpose. f. The Board, by majority vote, may provide for the appointment of advisory directors, who shall serve ex officio and without • voting rights. g. The Carswell Redevelopment Authority shall not be authorized to take any action which is incompatible with the 1968 Regional Airport Concurrent Bond Ordinance between the Cities of Fort Worth and Dallas. 4. DESIGNATION OF LOCAL GOVERNMENT ENTITY In lieu of employing personnel, the Authority, by majority vote of the board, may designate one of the local governments which is a party to this agreement to perform administrative activities and services necessary to perform the provisions of this agreement. Such designation shall require the consent of the designated local government. , • 3 ~. s "` 5. SERVICES AND FINANCIAL SUPPORT a. All parties to this agreement shall be responsible to provide the appropriate level of in-kind services to serve as the local match for any grant funds received from federal and state • ` sources. The parties shall make timely reports to the designated official of the Authority or of the designated political subdivi- sion for the purpose of documenting the nature and amount of services provided which can serve as the local match. No local cash matching funds shall be required of any party without its advance consent. Subject to appropriation, however, it is agreed by the parties that the appropriate level of financial support of Authority activities shall be in proportion to each party's representation on the Board, i.e. Tarrant County shall be respon- sible for four-ninths (419), Fort Worth shall be responsible for three-ninths (3/9), and White Settlement and Westworth Village one-ninth (1/9) each. b. It is agreed that the Carswell reuse plan shall be implemented, to the extent possible, so as to result in no cost or expense to the parties to this agreement. However, in the event that any party is requested to provide funds to implement this agreement in accordance with this Section 5, and said party refuses or fails to appropriate said funds, said party shall lose its representation on the Board and shall no longer be a party to • this agreement, provided, however, that said party -shall continue to be responsible for any valid obligations incurred during the period when it was a party to this agreement. 6. INCORPORATION OF AUTHORITY The Authority, by majority vote of the board herein estab- lished, shall have the power to form and incorporate a nonprofit Texas corporation in accordance with the provisions of Texas law in order to perform this interlocal contract. 7. RULES AND REGULATIONS The board of directors may adopt such rules and regulations as may be necessary or proper for the performance of this inter- local contract not inconsistent with the provisions hereof. • 4 ° ~~ EXECUTED on this, the day of 1992. ATTEST: CITY OF FORT WORTH i By: City Secretary Bob Terrell, City Manager • APPROVED AS TO FORM AND LEGALITY: City Attorney ATTEST: CITY OF WHITE SETTLEMENT 1 City Secretary APPROVED AS TO FORM AND LEGALITY: By: Bob Salinas, City Manager City Attorney for White • Settlement ATTEST: CITY OF WESTWORTH VILLAGE City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney for Westworth Village • By: W. 0. Henker, Mayor 5 ti~ Jr- a ~' APPROVED AS TO FORM AND LEGALITY: Assistant District Attorney for Tarrant County (Civil Division) TARRANT COUNTY By: Tom Vandergriff County Judqe •