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CONTRACT NO. _n
V
THE STATE OF TEXAS )
COUNTY OF DALLAS ) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT )
AMENDMENT TO CONTRACT AND AGREEMENT
(Paragraph 8.J.,regarding Budget Approval)
THIS AMENDMENT TO THE CONTRACT AND AGREEMENT ("Amendment")
is entered into and effective August 22, 2007, 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(jointly, "the Cities").
W ITNESSETH:
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 ("DFW 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 previously authorized and executed six amendments to the
Contract and Agreement; and
WHEREAS, Paragraph 8.J. of the Contract and Agreement provides for a Board fiscal
year commencing October 1 and ending midnight September 30 and further requires that the
Board's annual budget be submitted to the Cities by July 15 for their approval on or before
September l; and
WHEREAS, the July 15 deadline was established to allow the Cities sufficient time to
enact a maintenance tax, as provided in the 1968 Regional Airport Concurrent Bond Ordinance,
if and to the extent necessary in any fiscal year to assure the payment of DFW Airport operation
and maintenance expenses; and
WHEREAS, the maintenance tax provision in the 1968 Regional Airport Concurrent
Bond Ordinance was eliminated in 2000 by the DFW Airport Thirtieth Supplemental Concurrent
Bond Ordinance; and
WHEREAS, the Board has requested that the above-described budget submission and
approval deadlines be changed to August 15 and September 30, respectively; and
02-22-08 A 0:
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02-01 -0 8 A 1 0: 1 3 IN 11
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WHEREAS, such a change will provide the Board additional time for the preparation of
a more accurate budget, without changing the period of time that the Cities will have to review
and consider the budget once it is submitted; and
WHEREAS, the City of Dallas, by Resolution No. 07-2390, approved August 22, 2007,
and the City of Fort Worth, by Resolution No. 3518-08-2007, approved August 21, 2007,
authorized the execution of this Amendment (being the seventh such amendment) to the
Contract and Agreement, to amend Paragraph 8.J. to require the Board to submit its annual
budget to the Cities by August 15 and the governing bodies of the Cities to approve the budget
on or before September 30;
NOW, THEREFORE, the Cities of Dallas and Fort Worth hereby agree as follows:
SECTION 1. Paragraph 8.J. of the Contract and Agreement is hereby amended to read
as follows:
8.
POWERS AND DUTIES
"J. The fiscal year of the Board shall commence October 1st and end
midnight September 30th. Except for sums fixed by this Agreement, as
specified in paragraph numbered 17 hereof, the total expenditures to be
made in any fiscal year shall be determined by a budget submitted on a
single standard form to the City Managers of the Cities of Dallas and Fort
Worth on or before August 15 Ady 15 and approved by the governing
bodies of such Cities on or before September 30th 4-A. The Board shall
prepare and submit such a form to the Cities for approval as to form prior
to the preparation of the initial budget."
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]
2
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
MARY K. SUHM
City Manager
BY BY
DEBORAH 'ATKINS RYXN S. EVANS
City Secretary First Assistant City Manager
APPROVED AS TO FORM:
THOMAS P. PERKINS, JR.
City Attorney
BY
CHARLES M. BIERFFZD
Special Assistant City _ttornev
ATTEST: CITY OF FORT WORTH, TEXAS
DALE A. FISSELER, P. E.
City Manager
BY a tit BY `� or�,a•
MARTY HE DRIX THOMAS M. HIGGIN
City Secretary Acting Assistant City Manager
contract huthorizatioa APPROVED AS TO FORM AND LEGALITY:
Date! BY
DAVID L. YETT
City Attorney
01" Ell ll �rl �o
(ACKNOWLEDGMENTS)
THE STATE OF TEXAS §
COUNTY OF DALLAS §
I)
This instrument was acknowledged before me on 2008, by Ryan S.
Evans, First Assistant City Manager of the City of Dallas, Texas,fnunicipal corporation, on
behalf of said municipal corporation.
otary P ic, State Texas
SPY r�A DEDR'-.A KFARNEY
T ed P id N f Notary)
Coirmi Lxpiws 09-16-2009 ( yp or nte e o
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 3/ , 2008, by Thomas
M. Higgins, Acting Assistant City Manager of the City f Fort orth, Texas, a municipal
corporation, on behalf of said municipal corporation.
. K.
No Public, State of Te as
' Y JONI R.MAY
MY COMMISSION EXPIRES a
' " May 27,2011 _j
(Typed or Printed Namd of Notary)
My Commission Expires: 7 �
4
DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD
OFFICIAL BOARD ACTION/RESOLUTION
Date Committee Subject Resolution #
06/22/2007 Full Board Approval of FY 2008 Operating Revenue and Expense Fund 2007-06-165
Budget and Dates of Submission and Approval of Future
Budgets
Action
That the Airport Board approve the FY 2008 Operating Revenue and Expense Fund Budget (Fund 102) and
request Cities of Dallas and Fort Worth to extend the due date of submission and approval of future budgets
by one month.
Description
•Approve the Fiscal Year 2008 Operating Revenue and Expense Fund (102 Fund) Budget, which will
commence on October 1, 2007 and end on September 30, 2008.
•Approval to request the Cities of Dallas and Fort Worth to extend the due date of submission and
approval of future Fund 102 Budgets by one month.
Justification
•Section 8J of the Contract and Agreement between the Cities of Dallas and Fort Worth requires the
Airport Board to approve the annual expenditures of the Airport (as included in the Operating
Revenue and Expense Fund) and forward the approved budget to the Owner Cities by July 15 of
each year for their approval by September 1.
Additional Information:
•The FY 2008 Budget is$640.2 million, a$21.6 million (3.5%) increase from the FY 2007 Budget of
$618.7 million.
•The Budget is categorized into the following categories for reporting purposes:
102 Fund Budget(in Millions) FY2007 FY 2008 Inc
Operating Expenditures $322.0 $335.8 $13.8
Operating Reserve -.0.3 3.4 3.8
Net Debt Service& Coverage 297.0 301.0 4.0
Total 102 Budget $618.7 $640.2 $21.6
Contract# Agreement# Purchase Order# Action Amount Revised Amount
$0 $0
For Information contact Fund Project# External Funding Source Amount
Max Underwood $0
3-5460
Resolution #2007-06-165
Additional Information Continued:
•The Board received a Budget book explaining variances from the FY 2007 Budget and Outlook and
the components of the FY 2008 Budget; was provided an overview of the Budget on June 7, 2007;
and was briefed in detail at a special Board review session on June 22, 2007.
•The Contract and Agreement currently requires DFW Airport to submit its Budget to the Cities on July
15 and obtain approval by September 1. DFW"s original bond ordinance included a maintenance tax
provision that would be levied on the citizens of Dallas and Fort Worth if DFW was unable to fund all
of its operating expenses. In order for the Cities to incorporate this potential tax provision in their
annual budgets, a July 15th submission deadline was established for DFW.s annual operating
budget. In 2000, the maintenance tax provision was eliminated in the 30th Supplemental Bond
Ordinance. It is recommended that the submission dates be changed to August 15 and the
approval date be changed to September 30 to provide more time to compile a more accurate budget.
Additional Attachments: N
BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
SECTION I: That the Fiscal Year 2008 Operating Revenue and Expense 102 Fund Budget commencing on
October 1, 2007 is hereby approved in the total amount not to exceed of $608,224,330 and the Chief
Executive Officer or his Designee is hereby directed to obtain further approvals thereof from the City
Councils of Dallas and Fort Worth in accordance with the 1968 Contract and Agreement.
SECTION II:The Chief Executive Officer or his Designee has the authority to transfer funds between the
Operating Budget and net Debt Service and Coverage categories as required by Bond Documents and
Agreement with the Airlines.
SECTION III:The Chief Executive Officer or his Designee has the authority to request a modification to the
Contract and Agreement that would change the date of budget submission to the Cities from July 15 to
August 15, and the date of Cities approval from September 1 to September 30.
Approved as to Form by Approved as to Funding by Approved as to M/WBE by
Gary Keane Max Underwood Don O'Bannon
General Counsel Vice President Vice President
June 21, 2007 4:14 pm Finance Small & Emerging Business
June 21, 2007 4:21 pm June 21, 2007 4:10 pm
SIGNATURE REQUIRED FOR APPROVAL
Approved by
Department Head
Finance
June 21, 2007 4:06 pm X<i 9rVecu 14e Officer v' f = Date jp
-------------------------------
A Resolution
NO. 3518-08-2007
RESOLUTION AMENDING PARAGRAPH 8, POWERS AND
DUTIES, OF THE 1968 CONTRACT AND AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE CITY OF
DALLAS CREATING THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD, CHANGING THE BUDGET
SUBNIISSION AND APPROVAL DATES
WHEREAS, the Dallas-Fort Worth International Airport (DFW Airport) serves the aviation needs of
the cities of Dallas and Fort Worth;and
WHEREAS, the Contract and Agreement between the Cities of Dallas and Fort Worth, dated April 15,
1968, by which the Dallas-Fort Worth International Airport Board (the `Board") was
established as the operating Board of Directors of the Airport, requires that the Board's
annual budget be submitted to the owner cities by July 15 for the owner cities' approval
by September 1;and
WHEREAS, the Board has requested that the above-described budget submission and approval
deadlines be changed to August 15 and September 30,respectively;and
WHEREAS, such a change will provide the Board additional time for the preparation of a more
accurate budget, without changing the period of time that the owner cities will have to
review and consider the budget once it is submitted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
1.
That the City Manager be and is hereby authorized to execute an amendment to paragraph 8 of
the Contract and Agreement between the cities of Dallas and Fort Worth, dated April 15, 1968, as
amended, in the form attached as Exhibit A, changing the submission and approval deadlines for the
DFW Airport Board's annual budget to August 15 and September 30,respectively.
R, .ri 'iL'U89 YLGIo
2. I
That this resolution take effect 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 21st day of August ,2C07.
w
Marty Hendrix
City Secretary
APPROVED
CITY COUNCIL
APPROVED AS TO FORM AND LEGALITY:
AUG 2 1 2007
Marcia Wise,Deputy City Attorney. City secretary of the
City of Fort Worlh,Texas
c>>wv or rE'olaew V111Fou rm
E)aIIBIT A
8.
POWERS AND DUTIES
"The fiscal year of the Board shall commence October 1" and end midnight September 3&.
Except for sums fixed by this Agreement,as specified in paragraph numbered 17 hereof,the total
expenditures to be made in any fiscal year shall be determined by a budget submitted on a single
standard form to the City Managers of the Cities of Dallas and Fort Worth on or before August
Ti —15 and approved by the governing bodies of such Cities on or before September UP e.
Board shall prepare and submit such a form to the Cites for approval as to form prior to the
preparation of the initial budget."
IZ
OFFICIAL ACTION OF THE DALLAS CITY COUNCIL
AUGUST 22,2007
07-2390
Item 58: Authorize an amendment to paragraph 8J of the 1968 Contract and Agreement
between the cities of Dallas and Fort Worth to move back by one month the
respective dates by which the Dallas-Fort Worth International Airport Board's
annual budget must be submitted to and approved by the owner cities,
changing the submission and approval deadlines to August l5th and
September 30th of each year-Financing: No cost consideration to the City
Approved as part of the consent agenda.
GA2007MRJ1cc082207.doc 827/2007 1044:00 AM
OFFICE OF THE CITY SECRETARY CITY OF DALLAS,TEXAS
COUNCIL CHAMBER
O '72390
Aulaust 22, 2007
WHEREAS, the Dallas-Fort Worth International Airport ("DFW Airport") serves the
aviation needs of the cities of Dallas and Fort Worth; and
WHEREAS, the Contract and Agreement between the Cities of Dallas and Fort Worth,
dated April 15, 1968, by which the Dallas-Fort Worth International Airport Board (the
"Board") was established as the operating Board of Directors of the Airport, requires
that the Board's annual budget be submitted to the owner cities by July 15th for the
owner cities'approval by September 1 st; and
WHEREAS, the Board has requested that the above-described budget submission and
approval deadlines be changed to August 15th and September 30th, respectively; and
WHEREAS, such a change will provide the Board additional time for the preparation of
a more accurate budget, without changing the period of time that the owner cities will
have to review and consider the budget once it is submitted;
Now,Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to execute an amendment to
paragraph 8.1 of the Contract and Agreement between the cities of Dallas and Fort
Worth, dated April 15, 1968, as amended, in the form attached as EXHIBIT A, changing
the submission and approval deadlines for the DFW Airport Board's annual budget to
August 15 and September 30th, respectively.
SECTION 2. That this resolution shall take effect 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.
APPROVED BY
CITY COUNCIL
AUG 2 2 2007
City Secretary
0"72390
EXHIBIT A
S.
POWERS AND DUTIES
"J. The fiscal year of the Board shall commence October 1st and end midnight
September 30th.Except for sums fixed by this Agreement,as specified in paragraph
numbered 17 hereof, the total expenditures to be made in any fiscal year shall be
determined by a budget submitted on a single standard form to the City Managers
of the Cities of Dallas and Fort Worth on or before August 1S july 16 and approved
by the governing bodies of such Cities on or before September 30th 49L The Board
shall prepare and submit such a form to the Cities for approval as to form prior to
the preparation of the initial budget:'
072390
AGENDA ITEM#58
KEY FOCUS AREA: Economic Development
AGENDA DATE: August 22,2007
COUNCIL DISTRICT(S): Outside City Limits
DEPARTMENT: Intergovernmental Services
CMO: Mary K.Suhm,670-5306
MAPSCO: N/A
SUBJECT
Authorize an amendment to paragraph 8J of the 1968 Contract and Agreement between
the cities of Dallas and Fort Worth to move back by one month the respective dates by
which the Dallas-Fort Worth International Airport Board's annual budget must be
submitted to and approved by the owner cities, changing the submission and approval
deadlines to August 15th and September 30th of each year - Financing: No cost
consideration to the City
BACKGROUND
Under the 1968 Contract and Agreement, the D-FW International Airport Board (the
"Board")is required to submit its annual budget to the owner cities by July 15th for their
approval by September 1 st.
The 1968 Regional Airport Concurrent Bond Ordinance, adopted by the cities of Dallas
and Fort Worth, originally provided for the owner cities to assess and collect a
maintenance tax, if and to the extent necessary in any fiscal year, to assure the
payment of D-FW Airport operation and maintenance expenses. In order to give the
owner cities time to enact this tax provision in connection with their own annual budgets,
a July 15th deadline was established by the 1968 Contract and Agreement for D-FW
Airport's annual budget submission. This tax provision was never necessary and in
2000, the maintenance tax provision in the 1968 Regional Airport Concurrent Bond
Ordinance was eliminated under the Thirtieth Supplemental Concurrent Bond
Ordinance, adopted by the cities of Dallas and Fort Worth. As a result, the Board has
requested that its annual budget submission deadline be changed from July 15th to
August 15th,for the owner cities'approval by September 30th instead of September 1st.
According to D-FW Airport-staff,this change will allow time for the preparation,of a more
accurate budget.
PRIOR ACTIONIREVIEW(COUNCIL.BOARDS.COMMISSIONS)
The Dallas City Council was briefed on August 15,2007.
Aoenda Date o&,22rw7.nnnw?
O '72390
FISCAL INFORMATION
No cost consideration to the City
Agenda Date 08/22/2007-page 2