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Home My WebLink AboutOrdinance 23673-05-2019MINUTES AND CERTIFICATION FOR DALLAS FORT WORTH INTERNATIONAL AIRPORT FIFTY-THIRD SUPPLEMENTAL CONCURRENT BOND ORDINANCE THE STATE OF TEXAS § COUNTIES OF TARRANT AND DENTON § CITY OF FORT WORTH § I, the undersigned officer of the City of Fort Worth, hereby certify as follows: I. That said City Council convened in REGULAR MEETING ON THE 21st DAY OF MAY, 2019, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Betsy Price Carlos E . Flores Brian Byrd Cary Moon Gyna M. Bivens Jungus Jordan Dennis Shingleton Kelly Allen Gray Ann Zadeh David Cooke Sarah Fullenwider Kevin Gunn Ronald Gonzales Kevin Gunn Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Chief Financial Officer Assistant City Secretary City Treasurer and all of said persons were present, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written FIFTY-THIRD SUPPLEMENT AL CONCURRENT BOND ORDINANCE AMENDING IN-PART THE MASTER BOND ORDINANCE RELATING TO DALLAS FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said Ordinance, prevailed and carried by the following vote: AYES: 9 NOES: 0 ABSTENTIONS: 0 2. That a true, full , and correct copy of the aforesaid Ordinance adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Ordinance ; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally , in advance , of the time , place, and purpose of the aforesaid Meeting , and that said Ordinance would be introduced and considered for adoption at said Meeting , and each of said officers and members consented, in advance , to the holding of said Meeting for such purpose; and that said Meeting was open to the public , and public notice of the time, place, and pw-pose of said Meeting was given, a s required by Chapter 551, Texas Government Code, as amended. SIGNED (SEAL Signatur e Page to Minutes and Certification MINUTES AND CERTIFICATION FOR DALLAS FORT WORTH INTERNATIONAL AIRPORT FIFTY-THIRD SUPPLEMENTAL CONCURRENT BOND ORDINANCE THE STA TE OF TEXAS COUNTIES OF DALLAS CITY OF DALLAS § § § I, the undersigned officer of the City of Dallas , hereby certify as follows: 1. That said City Council convened in REGULAR MEETING ON THE 22ND DAY OF MAY, 2019 , at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Michael S. Rawlings Casey Thomas, II Adam Medrano Scott Griggs Carolyn King Arnold Rickey D. Callahan Omar Narvaez Kevin Felder Tennell Atkins Mark Clayton Adam McGough Lee Kleinman Sandy Greyson Jennifer Staubach Gates Philip T. Kingston T.C. Broadnax Christopher J. Caso Mark Swann Bilierae Johnson Mary Elizabeth Reich Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmember Councilmember Councilmember Councilmember Councilmember Council member Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Auditor City Secretary Chief Financial Officer and all of said persons were present, thus constituting a quorum. Whereupon, among other business , the following was transacted at said Meeting: a written FIFTY-THIRD SUPPLEMENTAL CONCURRENT BOND ORDINANCE AMENDING IN-PART THE MASTER BOND ORDINANCE RELATING TO DALLAS FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be adopted; and, after due discussion , said motion , carrying with it the adoption of said Ordinance, prevailed and carried by the following vote : AYES: 0 NOES: 0 ABSTENTIONS : 0 2 . That a true , full, and correct copy of the aforesaid Ordinance adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council 's minutes of said Meeting pertaining to the adoption of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance , of the time , place , and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for adoption at said Meeting , and each of said officers and members consented , in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Chapter 551 , Texas Go v ernment Code, as amend---~ SIGN City Secretary , City of D a ll as [SEAL] Sig nature Page to Minutes and Certification DALLAS/FORT WORTH INTERNATIONAL AIRPORT FIFTY-THIRD SUPPLEMENT AL CONCURRENT BOND ORDINANCE Passed concurrently by the City Councils of the Cities of Dallas and Fort Worth, Texas Passed by the City Council of the City of Dallas May 22, 2019 Passed by the City Council of the City of Fort Worth May 21, 2019 Effective May 22, 2019 CITY OF DALLAS ORDINANCE NO. CITY OF FORT WORTH ORDINANCE N0.~13-0'5 -QO\C, FIFI'Y-THIRD SUPPLEMENTAL CONCURRENT BOND ORDINANCE AMENDING IN-PART THE MASTER BOND ORDINANCE RELATING TO DALLAS FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE BONDS WHEREAS, the Cities of Dallas and Fort Worth, Texas (the "Cities") are each a "Home Rule City," acting as such under the Constitution and laws of the State of Texas, and each has a population in excess of 90,000; and WHEREAS, the Cities jointly own and operate the Dallas/Fort Worth International Airport (the "Airport") and have created a ''.joint board" pursuant to Section 22.074, Transportation Code, as amended, known as the Dallas Fort Worth International Airport Board (the "Board"), to operate and to set and establish policies for the Airport; and WHEREAS, the Cities, pursuant to the Master Bond Ordinance, effective September 22, 20 IO (the "Master Bond Ordinance"), determined, among other things, that the Cities should issue and should authorize the Board to sell and deliver joint revenue bonds in order to provide financing for various costs relating to the Airport; and WHEREAS, the Cities have from time to time amended the predecessor ordinances to the Master Bond Ordinance; and WHEREAS, the Cities have determined to adopt this Ordinance to amend the Master Bond Ordinance by modifying certain provisions to conform such covenants to contemporary financial practices; and WHEREAS, pursuant to Sections 8.3 and 8.4 of the Master Bond Ordinance, the Master Bond Ordinance may be amended with the consent of the Holders of not Jess than a majority of Outstanding Obligations at the time of the effective date of amendments and each Credit Provider, if applicable, or, pursuant to Section 8.4(b) of the Master Bond Ordinance, if the amendments are approved by Insurers and such other Credit Providers, as applicable; and WHEREAS, upon the satisfaction of Sections 8.3 and 8.4 of the Master Bond Ordinance, the proposed amendments shall become effective; and WHEREAS, the respective City Councils for the Cities have determined and found that there is a public need and necessity that this Ordinance be passed concurrently, and that this Ordinance shall be effective immediately upon its passage by each of the Cities; and WHEREAS, each City Council finds and determines that the meeting at which this Ordinance is adopted is open to the public, and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by Applicable Law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.1. Titles and Headings. The titles and headings of the Articles and Sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.2. Interpretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) Article and Section references shall mean references to Articles and Sections of this Ordinance unless designated otherwise. ( c) If any one or more of the provisions contained herein should be contrary to Applicable Law, then such provision shall be deemed separable from the remaining provisions hereof, and shall in no way affect the validity of the remaining provisions contained in this Ordinance. ARTICLE II AMENDMENT TO MASTER BOND ORDINANCE Section 2.1. Amendment to Section 1.4(f). The phrase "(which shall not be beyond the Stated Maturity Date of the Interim Obligations)" is hereby deleted. Section 2.2. Amendment to Section 3.3(a)(iii)(A). After the term "written report" there shall be inserted the term "or certificate of an Authorized Officer" and after the term "such Airport Consultant" there shall be inserted "or certificate of an Authorized Officer." ARTICLE III MISCELLANEOUS Section 3 .1. Further Action. The Authorized Officers and each of them are authorized, empowered and directed to execute such other documents in addition to those enumerated herein and to take such other actions as they deem necessary or advisable in order to carry out and perform the purposes of this Ordinance. Section 3 .2 . Effective Date . This Ordinance shall be in full force and effect on and after the date on which it is duly passed by the City Council of each of the Cities. 41 ~,,t-1 Ill d!A PASSED BY THE FORT WORTH CITY COUNCIL THIS ~ '-DAY OF/~' 2019. ATTEST : APPROVED AS TO FORM AND LEGALITY: City Attorne City of For Worth, Texas THE STATE OF TEXAS § COUNTY OF TARRANT § CITY OF FORT WORTH § I, Mary J. Kayser, City Secretary of the City of Fo1i Wotih, Texas, do hereby ce1iify: 1. That the above and foregoing is a true and correct copy of an Ordinance, duly presented and passed by the City Council of the City of F 01i W 01ih, Texas, at a regular meeting held on ~( , 2019, as same appears of record in the Office of the City Secretary. 2. That said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 , Texas Government Code, as amended. itJI WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas , thi~ 0 ~41-"'= '20 19 . (SEAL APPROVED AND ADOPTED BY THE DALLAS CITY COUNCIL THIS MAY 22, 2019. CITY OF DALLAS: APPROVED AS TO FORM: T. C . Broadnax, Christopher J. Caso , City Manager :~,elm~-~ Assistant City Attorney 32 THE ST A TE OF TEXAS COUNTY OF DALLAS CITY OF DALLAS § § § I, Bilierae Johnson, City Secretary of the City of Dallas, Texas, do hereby certify: 1. That the above and foregoing is a true and correct copy of an excerpt from the minutes of the City Council of the City of Dallas , had in regular meeting, May 22, 2019, confirming the passage of Dallas/Fort Wo11h International Airport Fifty-Third Supplemental Concurrent Bond Ordinance is duly of record in the minutes of said City Council. 2. That said meeting was open to the public, and public notice of the time, place and purpose of sai d meeting was given, all as required by Chapter 551, Texas Government Code , as amended. WITNESS MY HAND and seal of the City of Dallas, Texas, this ~~ day of "3"2JL \\ , 2019 . ~