HomeMy WebLinkAboutContract 21334 CITY SECRETARY
THE STATE OF TEXAS CONTRACT NO
COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
AMENDMENT TO CONTRACT AND AGREEMENT
THIS AMENDMENT TO CONTRACT AND AGREEMENT (herein called
"Amendment") is entered into this 3rd day of August, 1995, 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 Regional Airport (the "Airport"), and
continued, expanded and further defined the powers and duties of the
Dallas-Fort Worth Regional Airport Board (the "Board"); and
WHEREAS, sub-paragraph (1)(d)(iii) of paragraph C of Section 17 of
the Contract and Agreement was subsequently deleted under Section 9.7 of
the 1968 Regional Airport Concurrent Bond Ordinance (City of Dallas
Ordinance No. 12352, adopted November 11 , 1968, and City of Fort Worth
Ordinance No. 6021 , adopted November 12, 1968), and therefore such
provision is now null and void; and
WHEREAS, following the Board's recommendation on July 3, 1979
(Board Resolution No. 79-110), the City Council of the City of Dallas, by
Ordinance No. 16296, adopted on July 18,1979, and the City Council of the
City of Fort Worth, by Ordinance No. 10573, adopted on July 24, 1979,
authorized execution of an amendment to the Contract and Agreement
between the Cities, amending paragraph 6. thereof with regard to quorum
requirements for Board meetings so that seven members instead of eight
would constitute a quorum, with the stipulation that at least one of the
1 affil= RON
MY SECRETARY
F.T. WORTH9 'no
seven be from Fort Worth; and
WHEREAS, in accordance with the foregoing authorizations, such
amendment to the Contract and Agreement was executed by the Parties on
July 24, 1979, effective as of July 24, 1979; and
WHEREAS, following the Board's recommendation on September 11 ,
1984 (Board Resolution No. 84-164), the City Council of the City of Dallas,
by Ordinance No. 18532, adopted on December 19,1984, and the City
Council of the City of Fort Worth, by Ordinance No. 9271, adopted on
December 18, 1984, authorized execution of a second amendment to the
Contract and Agreement between the Cities changing the name of the
Airport and the Board, for all purposes, to the Dallas-Fort Worth
International Airport and the Dallas-Fort Worth International Airport
Board; and
WHEREAS, in accordance with the foregoing authorizations, such
amendment to the Contract and Agreement was executed by the Parties on .
March 5, 1985, effective as of January 1, 1985; and
WHEREAS, following the Board's recommendation, the City of
Dallas, by Resolution No. 86-0673, approved February 26, 1986, and the
City of Fort Worth, by Resolution No. 1127, approved February 25, 1986,
authorized the execution of a third amendment to the Contract and
Agreement between the Cities, amending paragraph 8A. thereof so as to
grant the Board the power to employ, fix the compensation and duties, and
have direct supervisory authority over an Internal Audit Manager, such
amended paragraph 8A. to be in the form attached hereto as EXHIBIT A;
and
WHEREAS , following the recommendation of the Board's
Retirement/Finance/Audit Committee on April 5, 1988, the City of Dallas,
by Resolution No. 88-1274, approved April 13, 1988, and the City of Fort
Worth, by Council Communication C-10937, approved April 19, 1988,
authorized the execution of a fourth amendment to the Contract and
Agreement between the Cities, amending paragraph 10. thereof so as to
grant the Board the power to appoint its Treasurer for a maximum term of
office of up to five years, at the discretion of the Board, such amended
paragraph 10. to be in the form attached hereto as EXHIBIT B; and
2
WHEREAS, the City of Dallas, by Resolution No. 94-1459, approved
April 13, 1994, and the City of Fort Worth, by Resolution No. 2078,
approved August 3, 1995, authorized the execution of a fifth amendment
to the Contract and Agreement between the Cities, to provide that either
City may at its option: (1) appoint its Board members for two-year terms
in lieu of four-year terms; (2) appoint its mayor as an automatic
appointment to a place on the Board for a term to run concurrently with
the mayor's term of office, or the mayor pro tern during a vacancy in the
office of the mayor; and (3) authorize the appointment of certain City
councilmembers to serve as first, second, and third alternates to the
mayor's place on the Board in designated order in the event the appointed
mayor or ranking alternate is unavailable to attend a Board meeting, with
each alternate when serving having full authority to exercise all of the
duties, privileges, and powers of a member of the Board, including the
power to vote on all matters before the Board; and
WHEREAS, the Parties now desire to execute this Amendment,
incorporating the third, fourth, and fifth amendments to the Contract and
Agreement, as authorized by their governing bodies;
NOW, THEREFORE, the Cities of Dallas and Fort Worth, Texas
hereby agree as follows:
SECTION 1. The Contract and Agreement is hereby amended by
deleting paragraph 8A. thereof and substituting therefor the revised
paragraph 8A. attached hereto as EXHIBIT A, effective as of February 26,
1986.
SECTION 2. The Contract and Agreement is hereby amended by
deleting paragraph 10. thereof and substituting therefor the revised
paragraph 10. attached hereto as EXHIBIT B, effective as of April 19,
1988.
SECTION 3. The Contract and Agreement is hereby amended by
deleting paragraph 4. thereof and substituting therefor the revised
paragraph 4. attached hereto as EXHIBIT C, effective as of August 3,
1995.
SECTION 4. Except as amended hereinabove, the Contract and
Agreement, as previously amended, shall remain in full force and effect.
3
ENTERED INTO as of the date first above written, effective as to
each amended paragraph of the Contract and Agreement, respectively, as
of the date each such amendment received the approval of both constituent
Cities, as set forth hereinabove, and executed in multiple originals by the
duly authorized officers of the constituent Cities.
ATTEST: CITY OF DALLAS, TEXAS
JOHN L. WARE, City Manager
✓�G/`6Y SY �
ROBERT SLOAN TED BENAVIDES
City Secretary Assistant City Manager
APPROVED AS TO FORM:
SAM A. LINDSAY, City Attorney
BY 100e*06 00*v 94fe
CHARLES M. BIERFELD
First Assistant City Attorney
ATTEST: CITY OF FORT WORTH,TEXAS
BOB TERRELL, City Manager
BY BY
ALICE CHURCH CHARLES BOSWELL
City Secretary Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
WADE ADKINS, City Attorney
.1 1k
BY 6a,
WILLIAM WOOD
First Assistant City Attorney
4
ACKNOWLEDGMENTS
THE STATE OF TEXAS )
COUNTY OF DALLAS )
This instrument was acknowledged before me on
1995, by Ted Benavides, Assistant City Manager of the dity of Dallas,
Texas, a municipal corporation, on behalf of said municipal corporation.
Notary Public, State of Te as
Ale- ( LID Ll Jl�if� nez
(Typed or Printed Name of Notary)
My Commission Expires: /D a
MELANY MARTINEZ
THE STATE OF TEXAS ) or.
c,� NOTARY PUBLIC
1 =N y= STATE OF TEXAS
COUNTY OF TARRANT )/ ,0F COMM. EXP 10(27/98
This instrument was acknowledged before me on &.)a. ���
1995 b Charles Boswell Assistant City Manager of th of Fort
Y � Y 9 Y
Worth, Texas, a municipal corporation, on behalf of said municipal
corporation.
Notary ublic, Sta of Texas
3'&1?A9 "-j-, ndIE
(Typed or Printed Name of Notary)
My CoMmiossioij,®Expires: 1--c2q-9f1
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8.
POWERS AND DUTIES
"A. The Board may contract for such professional services as it may deem
necessary and fix the time, manner and payment therefor, and it shall employ and
fix the compensation and duties of an Executive Director and of an Internal Audit
Manager. Additionally, the Board may create and authorize such other
administrative offices and employee positions as it shall consider appropriate in
the planning, construction and operation of the Airport.
(1) EXECUTIVE DIRECTOR. The Executive Director
shall be the chief administrative and executive officer of
the Board and shall make recommendations to the Board
in connection with the exercise of the powers granted to
the Board under this Agreement. Additionally, a duty and
function of the Executive Director shall be the selection
and appointment of persons to fill such other offices and
positions except those offices and positions specifically
assigned to and reporting to the Internal Audit Manager.
The selections and appointments to such offices and `
positions by the Executive Director shall be based on a
merit system established by the Board.
(2) INTERNAL AUDIT MANAGER. The Internal Audit
Manager shall be supervised and directed in his duties by
the Board and shall report and make recommendations to
the Board in connection with his audit responsibilities.
Additionally, a duty and function of the Internal Audit
Manager shall be the selection and appointment of persons
to fill such other offices and positions created and
authorized by the Board and assigned to his direction and
control. The selections and appointments to such offices
and positions by the Internal Audit Manager shall be based
on a merit system established by the Board.
Except as otherwise stated in this paragraph regarding the creation of offices
and positions and the establishment of a merit system for employees, neither the
Board nor any of its committees or members nor any official of either of the
Cities shall dictate or attempt to dictate the appointment of any person to, or his
removal from, office or employment by the Executive Director or by the Internal
Audit Manager or any of their subordinates, or in any manner interfere in the
appointment of officers and employees in the offices or positions of
administrative service vested in the Executive Director or the Internal Audit
Manager, respectively. Except for the purpose of inquiry, the Board and its
members shall deal with that part of the administrative service for which the
Executive Director or the Internal Audit Manager, respectively, is responsible
solely through such Director or Manager, as the case may be, and neither the
Board nor any member thereof shall give orders to any of the subordinates of the
Executive Director or the Internal Audit Manager, either publicly or privately."
EXHIBIT A
10.
TREASURER
In accordance with the procedures specified in this paragraph 10,
the Board shall select, appoint and contract with a person to be
known as the Treasurer for the Dallas-Fort Worth Regional Airport
Board. Such Treasurer shall have the custody of all of the moneys,
funds, notes, bonds and other securities comprising a part of the
Joint Airport Fund and committed to the control and jurisdiction of
the Board under this Agreement. The contract with the Treasurer
shall be let to the highest and best bidder in accordance with detailed
bidding procedures established by the Board in its discretion. The
Board shall, within ninety (90) days after the execution of this
Agreement, afndd b-iie-im-ni ally therea4t,-r—, advertise for bids for said
contract, stating what said bids shall specify and the detailed bidding
procedures and the terms upon the basis of which such bids shall be
received. The Treasurer may serve for a term, not to exceed five
Mrs, as established by the Board in its discretion. Said Treasurer
shall give such bond and make such security as the Board may
require, conditioned for the faithful discharge of his duties. The
Treasurer shall receive and securely keep all monies committed to
him hereunder and make all disbursements from the same upon
orders signed by such persons as may be authorized by resolution of
the Board; provided that no order shall be paid unless it shows upon
its face that the Board has ordered its issuance. He shall render to
the Executive Director and to the Board a full and correct statement
of his receipts and payments on or before the tenth (10) day of each
month and at such other times as the Executive Director or the
Board may require, such statements to be made in such form as the
Executive Director may prescribe. The Treasurer shall perform such
other acts and duties as the Board may prescribe.
EXHIBIT B
4.
TERMS OF BOARD MEMBERS
A. Each Board member shall be appointed to occupy a designated
place. those initially occupying Places Nos. 1, 3, 5, 7, 9 and 11 shall be
originally appointed for a term to expire on January 31st of the
second year following their appointment, or until their successors
are qualified; those initially occupying Places Nos. 2, 4, 6, 8, and 10
shall be originally appointed for a term to expire on January 31st of
the fourth year following their appointment, or until their
successors are qualified; provided, however, that no person shall
serve for more than two (2) consecutive four-year terms. Each
appointment after the initial appointments shall be for a four-year
term. Places Nos. 2, 3, 7 and 8 shall be filled by appointments from
the City of Fort Worth, and Places Nos. 1, 4, 5, 6, 9, 10 and 11 shall be
filled by appointments from the City of Dallas.
B. Notwithstanding the provisions of paragraph A., next above,
either City, after the initial appointments have been made, may at
its option: (1) appoint its Board members for two - year terms in
lieu of four-year terms; (2) appoint its mayor as an automatic
appointment to a place on the Board for a term to run concurrently
with the mayor's term of office, or the mayor pro tern during a
vacancy in the office of the mayor; and (3) authorize the
appointment of certain city council members to serve as first,
second, and third alternates to the mayor's place on the Board in
designated order in the event the appointed mayor or ranking
alternate is unavailable to attend a Board meeting, with each
alternate when serving having full authority to exercise all of the
duties, privileges, and powers of a member of the Board, including
the power to vote on all matters before the Board.
EXHIBIT C
COUNCIL CHAMBER 941459
April-1 , 1994
WHEREAS, at an election held on April 13, 1976, the voters approved an
amendment to the Dallas City Charter restricting the terms of all City Board and
Commission members to two years; and
WHEREAS, by Resolution 76-1888, passed on July 19, 1976, the City Council reduced
the terms of members appointed to serve on the Dallas-Fort Worth International
Airport Board (the "Airport Board") from four years to two years, in accordance
with the Charter restriction, and designated Place No. 10 on the Airport Board to the
automatically filled by the duly elected Mayor of Dallas or, in the event of a vacancy
in the office of Mayor, by the Mayor Pro Tem; and
WHEREAS, the City Council now wishes to amend the policy set forth in
Resolution 76-1888 so as to continue the Mayor as the automatic appointment to
Place No. 10, and the Mayor Pro Tem in the event of a vacancy in the office of
Mayor, but to also provide by amendment to the Contract and Agreement between
the Cities of Dallas and Fort Worth, establishing the Airport Board and its
composition, that whenever the Mayor is unable to attend a meeting of the Airport
Board, the Mayor Pro Tem, or the Deputy Mayor Pro Tern in the event neither the
Mayor nor the Mayor Pro Tem are available, or the Chair of the City Council
Transportation Committee in the event the Mayor, Mayor Pro Tem, and Deputy
Mayor Pro Tem are all unavailable, shall attend in the Mayor's place as the duly
authorized Dallas appointee to Place No. 10, and shall be authorized to exercise all of
the duties and powers of a member of the Airport Board, including the power to
vote on all matters before the Airport Board; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That whenever the Mayor is unable to attend a meeting of the Airport
Board, the Mayor Pro Tem, or the Deputy Mayor Pro Tern in the event neither the
Mayor nor the Mayor Pro Tem are available, or the Chair of the City Council
Transportation Committee in the event the Mayor, Mayor Pro Tem, and Deputy
Mayor Pro Tem are all unavailable, shall attend in place of the Mayor as the duly
authorized Dallas appointee to Place No. 10, and shall be authorized in such event
to exercise all of the duties and powers of a member of the Airport Board, including
the power to vote on all matters before the Airport Board.
Section 2. That Resolution No. 76-1888 is hereby amended in accordance with
Section 1 hereof, effective upon execution of a formal amendment to that certain
Contract and Agreement between the Cities of Dallas and Fort Worth, dated and
effective as of April 15, 1968, establishing the Airport Board and its composition,
which such amendment the City Manager is hereby authorized to execute following
approval by the City of Fort Worth and approval as to form by the City Attorney.
APPROVED BY
Section 3. That this resolution shall take effect immediately fre'"CMU NC I L
passage in accordance with the provisions of the Charter of the City of Dallas, and it
is accordingly so resolved. APR 13 1994
APPROVED HEAD OF DEPARTMENT APPROVED DIRECTOR OF FINANCE APPROVED- CIT;yII N E ��
S 753-038-008 -City Secretary SUP-00WSA
COUNCIL CMAMBElR
761888
WHEREAS, at an election held on April 3, 1976, the voters approved
an amendment to the Dallas City Charter restricting the terms of all City
Board and Commission members to two years; and
WHEREAS, the members now serving on the Dallas-Fort Worth Regional
Airport Board were appointed for terms of four years; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS;
Section 1 . That subject to the provisions of Section 3, appoint-
ments to the Dallas-Fort Worth Regional Airport Board made by the Dallas
City Council will hereafter be made for terms of two years in compliance
with the 1976 amendments to the Dallas City Charter; providing, that no
+ person shall serve for more than eight (8) consecutive years under any
combination of terms.
Section 2. That the terms of members now serving on the Dallas-
Fort Worth Regional Airport Board in Place Nos. 1 , -5, and 11 shall expire
on .January 31 , 1977, and terms of members in Place .Nos. 4, 6, 9 shall expire
January 31 , 1978; however, members shall serve until their successors are
appointed and qualified.
Section 3. That Place No. 10 on the Dallas-Fort Worth Regional
Airport Board shall at all times be filled by the duly elected Mayor of
the City of Dallas and that upon qualifying as Mayor of the City of Dallas.
such person is automatically appointed to the Dallas-Fort Worth Regional
( � Airport Board as the appointee from the City of Dallas to fill Place No. 10.
Section 4. That in the event of a vacancy in the office of the
Mayor of the City of Dallas, the Mayor Pro Tern is automatically appointed
to Place No. 10 on the Dallas-Fort Worth Regional Airport Board and to fill
the Mayor's position on any other Boards and Committees, pending the election
and qualification of a successor to the office of Mayor. -
Section S. 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 AS TO FOR14: C!i Y% W u 1`�%of
N. ALEX BICKLEY, City Attorney
JUL za 1978
ZIP-
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�;ix S�ecriar�!
RESOLUTION UNANIMOUSLY ADOPTED
AtQAOY[� 8►�RadQS AIPP"
cs M wAIMUSKT env AUMVMM ...- .._...�.-
AUG-10-1995 11:16 FTW CITY ATTORHEY'S OFF. P.02
Resolution
AMMORIS13IG AN ANSND]tSM'1' TO TEE 19661
CONTRACT AM AGREMOM BRTWEEK THE CIT=E8 OF
DALLAS AND FORT WORTH WHICH ESTABLI881M THE
DALLAS°-FORT WORTH INT8RMATIONAL AIRPORT BOARD
WSEREA8, the City Council of the City of Dallas, by Resolution
No. 941459, passed on April 13, 1994, has proposed that the 1968
contact and Agreement between the Cities of Dallas and Fort Worth,
establishing the Dallas-Fort Worth International Airport Board (the
"Airport Board") , be amended to provide. that either City may, at
its option: (1) appoint its Board members for two-year terms. in
lieu of four-year terms; (2) appoint its mayor as an automatic
appointment to a place on the 'Roard for a term to run concurrently
with the mayor's term of office, or the mayor pro teem during a
vacancy in the office of the mayor; and (3) authorize certain city
council members to serve as firist', second, and third alternates to
the mayor's place on the Board in designated order in the event the
appointed mayor or ranking alternate is unavailable to attend a
Board meeting, with each alternate when serving having full
authority to exercise all of the duties, privileges, and powers of
a member of the Beard, including the power to vote on all matters
before: the Board; and
wammB, it would be in the best interest of the Cities of
Dallas and Fart -Worth, Texas, and of the Dallas-Fort worth
international Airport, for the Contract and Agreement to be amended
in the manner proposed by the City of Dallas;
NOW THEREFORE, BE IT RESOLVED BY THE CITY- COUNCIL OF THE CITY
OF FORT WORTHO TEXAS:
SECTION 1.
That the City Manager of the City of Fort Worth is hereby
authorized to execute an amendment to Section 4 (Terms of Heard
Members) of the Contract and Agreement between the Cities of Dallas
and Fort Worth, Texas, dated April 15, 1968 (as amended) , in the
form attached to this Resolution as Exhibit A.
APPROVED
CITY COUNCIL
AUG 3 1995
&;.t.J d1,.iO4"
T1 -pap
CITY OF FORT WORTH W
AUG-10-1995 11:16 FTW CITY ATTORNE`r"'S OFF. P.03
SECTION 2.
That this Resolution shall take effect immediately from and
after its adoption.
,ADOPTED this day of August, 1.995.
LK.4yGranager r
Mayor
ATTEST:
r �J
Alice Chun Ch
city Secretary
APPROVED
CITY COUNCIL
fir..
l�e�a��.+1
City secretary of*a
city of Fort WbrM UM
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MW OF FORT WORM
TOTAL P.03
AUG-10-1995 12:24 FTW CITY ATTORNEY'S OFF. P.02
4.
'f UM OF 80 MEia BMM
A. U&Board member shall be appfttod to aocupy;d ted
Piave. dM W Wry occupying Ptaca Nor. 1,3,S,a,9 Ord it be
originally a for a tam to expire an January Silt of the
seaoatd year their appointeceenk or until Owir sucxzssM
art quaMjd; thorn beiWy occupying Places Ala. 2� 4 i, d,aM 10
sb*U be oflgiruMy appointed toe a term to an January 318t at
the fourth year fallowing tttieir AP frointnter►t, or until their
m xmsors are qualified: Pievided, however, "t no person a�hali
serge for more than two (2) corixectutive four-year terms, Each
appohment afte the initial ap►p►oinbrea $hall be for a lowwmr
tern. Places Nos. 2, 3,p 7 and 3 shall be filled by appointments fr
than City of Port Worft NO Phtces No& 1*4, 5,6, 9, 10 And 11 ill be
filled by appotAtnents from Ow City of DaMaes.
D. Notwithstanding the provisions of paragraph A., next &bM,
either City.. after the initial appointasenis have been made, may at
its • (1) Appoint its MeMIAM for two - you terms in
lieu of kur-year k=A; (2) appoint its mayoa as an autom&tic
appoinbnent to a place on the Board for a tarn to run cotter vWly
with the mayor's tease of office, or the mayor pro terse duting a
V.101a ecy in the office of the mayor,- and (8) authorize the
appointment of twin city council member's to serve as first,
9660f4 and third alternates to than mayor's plea on thg goad in
design sted order in the event the appointed mayor or raking
alternate is unavailable to attend a Board meeft with each
alternate when serving having M authority to ocefdae all of the
duties, privileges, and P wen of a member of the Voaard, Muding
the power to vote on all matters before the
PJMIBIT A
TOTAL P.02