HomeMy WebLinkAboutContract 23743 CIS' SFn`ft"0"
CONTI
VVTE,RL 0 CAL AGREEMENT
S'K'ATE OF S
CONS OFDALLASAND TARRANT
S, the Dallas/Fort Worth International Airport B oard, a joint board of the Cities
of Dallas, 'texas and Fort Worth, 'texas (hereinafter `9 oaa , the City of Dallas, Texas
(herem* after "Dallas's), the City of Fort Worth, Texas (hereinafter 9Fort Worth") and the City of
Euless, Texas (hereinafter '`finless") desire to enter into this interlocal agreement for the sharing
of Increased Revenues and Additional Revenues as defined herein; and
S, Euless desires to increase economic development and job creation
opportunities for that portion of Euless located within the geographical boundaries of the D FW
International Airport as it exists to date and/or as it may be expanded as permitted by law (the
Property); and
SRS, in exchange for the Board, Dallas and Fort Forth encouraging and giving
consideration to the development of future economic development projects to be located on the
Property, Euless is willing to share revenues with Dallas and Fort Worth equivalent to a portion
of the Increased Revenues and Additional Revenues generated from the Property; and
VVIEEREAS, the Board, Dallas, Fort worth, and Euless mutually desire to enter into an
arrangement to share an mount equal to the Increased Revenues and Additional Revenues
received and/or collected by Euless within the Property;
NOW, THEREFORE, for and in consideration of the mutual consideration, terms, and
provisions contained herein, Dallas, Fort Worth, Euless and the Board hereby enter into this
Interloc l Agreement (hereinafter "A reemenf').
L
For purposes of this Agreement, the following shall have the meanings set forth below:
A. 'Tropert " shall mean that portion of Euless located within the geographical
boundaries of the D F v International Airport as it exists to slate and/or as it may
be changed as permitted by law.
B. "base Year" shall mean the 1996 calendar year ending on December 31, 1996.
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C. '`Base Year Revenues" shall be $778,133, rhich i
Except as provided i
VIL
This Agreement is designed to benefit all Parties including Euless, Dallas, Fort Worth,
and the Board. More specifically, the Agreement is designed to more equitably distribute
portion of Revenues amongst the three Cities, while encouraging the further development and
growth of DFW International Airport. The Cities of Dallas and Fort Forth and the Board agree
that as a result of this Agreement, development opportunities within the Property which are
consistent wi
X,
The amount of Increased Revenues and Additional Revenues generated in subsequent
years shall be verified by the independent auditor of the City of Euless with the cost of such
verification being apportioned based on the percentages speci
XVL
This Agreement contains all commitments and agreements of all the Parties, and oral or
written commitments not contained herein shall have no force or effect to alter any term or
condition of this Agreement.
This Agreement shall be executed by the duly authorized official(s) of the Party as
expressed in the approving resolution or order of the governing body of such Warty, a copy of
each which is attached hereto.
XVIR
In the event that the Board, falls and Fort Worth enter into a future agreement with
another jurisdiction located within the geographical boundaries of the DFW International Airport
as it now exists and/or it may be changed for the sharing of Increased Revenues and/or
Additional Revenues, and that agreement provides that such jurisdiction shall retain a larger
percentage of Increased Revenues and/or Additional Revenues than that retained by Euless
pursuant to this Agreement, then in such event this Agreement shall be amended effective as of
date of such future agreement to provide for Euless' retention of the same percentage of future
Increased Revenues and/or Additional. Revenues hereunder.
xix.
This Agreement shall become null and void and of no further effect or consequences, if
the currently proposed Consolidated Rent- -Car Facility, the ' clli y" (designed and to
operated such as to provide transfer of possession of the rent-a-car within the Property, as
provided by Chapters 334 and 335 of the Local Government Code) is not constructed and
operating by March 1st, 2001. Provided, however, that in the event that construction and
operation of the Facility is prevented or delayed by "force majeure", as defined herein, this
Agreement shall not terminate and shall remain in full force and effect. "Force ajeure" shall
paean any contingency or cause beyond the reasonable control of the parties to this Agreement
including, without limitation, acts of Cod or the public enemy, war, riot, civil commotion,
insurrection, governmental or de facto governmental action unless directly caused by acts or
omissions of the parties), fires, explosions or floods and strifes.
EXECUTED on this, the �� day of , 1998.
THE Cfr ' OF EULESS, TEXAS TBE CrrY OF DA S. TEXAS
y i ■
lk� w4ZF�L. B .-
Y -
1 T Hart ✓✓✓
Title: City Manager Title: A o5i S f Mo vac
Date: �142 'e'et Date: J
AP o s RM. , PPR D AS TO F
City Attorney, Bob l ei arl nd ssi tantdity4Gomey
DALLASIFORT WORTH T CITY of FORT WORM TEXAS
INTERNATIONAL
AIRPORT BOARD
By: By �.
J an
Title: Executive Director Title: *11114,4el
Date: Date:
APPR D AS TO FORM: App OVED AS TO FORM:
DFW A' ort Legal Counsel Assistant City Att 4oy
ATTESTED BY
7
x
MINUTES OF A SPECIAL CALLED MEETING
{i
OF THE
E LESS CITY COUNCIL
February 3, 1998
CALL To ORDER
A Special Called Meeting of the Euless City Council was called to order by Mayor Mary
Lib Saleh at 5:25 p.m. on Tuesday, February 3, 1998, in the down tairs conference room
of the Administration Building. Those present Included Mayor Mary Lib Saleh, Mayor Pro
Tem Charlie hiller} Council Members Carl Tyson: Leon Hogg: Bobby Baker, Glenn
Walker and Katie Edwards, City Manager Tern Hart, Deputy City Manager Joe Hennigx
Cit y Attorney Bob McFarland, Director of Economic Development David Witcher and City
Secretary Susan Grim.
CLOSED SESSION REGARDING REAL PROPERTY EXCHANGE WITH CITIES of
DALLAS AND FORT WORTH, AS AUTH0RI ED BY SECTION 551*072 of THE TEXAS
GOVERNMENT CODE
Mayor Saleh recessed the meeting into closed session for the discussion of real property
exchange Frith the Cities of Dallas and Fort Worth, as authorized by Section 551.072 of
the Texas Government Code.
The meeting was reconvened into open session at 6:10 p.m.
APPROVAL of INTERLOCAL AGREEMENT REGARDING THE SHARING of
REVENUES WITH THE CITIES OF DALLAS AND FORT WORTH
Mayor Pro Tem Miller motioned to approve an in erloeal greernent with the City of
Dallas, the City of Fort North and the Dallas/Fort Worth International Airport Board for the
sharing of Increased Revenues and Additional Revenues received and/or collected by
Euless within that portion of Euless located within the geographical boundaries of the
D FW International Airport as it exists to date and/or as it may be expanded as permitted
by lair.
Council Member Edwards seconded the motion.
AYES: Mayor Saleh, Mayor Pro Tenn Miller, Council Members Tyson,
Hogg, Baker, Walker and Edgard
MAYS: None
Mayor Saleh declared the motion carried.
}--, CITY COUNCIL MINUTES FEBRUARY 31, 1998 PAGE 2.
Mayor Saleh stated that this interl eaf agreement is one of the biggest things the City of
Euless has accomplished in many years, and it indicates cooperation among the cities
involved and the FW Airport Board.
City Manager er Hart thanked Deputy City Manager Joe Hennig and City Attorney Bob
McFarland for their negotiations on the agreement and said they did a great job.
ADJOURN
The meeting was adjourned at :15 p.m.
APPROVED:
Y � %.
Mary Lid S41eh
Mayor
ATTEST:
m, C CI AAE
Cry Secretary t
DALLAS FORT WORTH E41TRNATIONAL Al"ORT BOARD
0 ' IC AL BOARD ACTION/RESOLUTION
Date. i Subject: Interlocal Agreement with the City of Euless, the City of Resolution loo.
02-05--98 I allas and the City of Fort worth --02-48
Recommended Action: That the Executive ]director be authorized to enter into an Interlocal Agreement with the City
of Euless, the Ci of Dallas, and the City of Tort worth regarding tax-sharin arrangement.
Description:
City of Euless would agree to share an arnount equal to the increased tax revenues over the base year revenues pins
any additional tax revenues with Dallas and Fort worth in exchange for the encouragement of further development
and growth of the airport property that falls within the geographical boundaries 'of the City of Euless.
JuLsiication:
This agreement is designed to benefit all parties including Euless, Dallas, Fort worth, and the Airport Board. This
agreement is designed to more equitably distribute revenues amongst the three cities, while encouraging the further
development and growth of Dallas/Fort worth International Airport.
Additional formation:
* See attached
M/VVBE Information:
• Not applicable
Schedule/Term:
The agreement shall be perpetual in nature and may only be terminated by the mutual written agreement of all the
parties. The agreement shall become effective between the parties on the day of Its approval by all the City Councils
of Dallas, Fort Worth, and Euless and by the Board and shall remain in effect until it has been terminated consistent
with the terms of the agreement.
Funding Sources /Operating and Maintenance Impacts:
•
Not applicable
Committee; Contract Nos .: Action Amount:
'Pinanrf*/A1-1djt N/A
Purchase Orden 1os .:
Remised Amount:
For information contact. Agreement Nos ..
Kevin Cox -505$
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27.50
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RESOLUTION No.■ - •_--
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BE IT RESOLVED BY THIE DALLAS-FORT WORTH INTERNATIONAL AIE FORT BOARD.
That the Executive Director is hereby authorized to execute an Interlocal Agreement on behalf of the Airport
Board with the City of Dallas, 'Texas, the City of Fort Worth, 'Texas, and the City of Euless, 'Texas, for the
sharing of an amount equal to the increased tax revenues (over the base year tax revenues) plus any additional
tax revenues generated on airport property within the City of Euless.
This Resolution shall take effect fi ediately upon its passage.
Approved as o Form: Approved as to hiding (as Approved as to MWB :
required):
General n l ector of Finance Director of Aiinorlty
and Economic Affairs
2 ;2 - - Z
Date Signed Date Signed Date Signed
SIGNATURES REQUIRED FOR APPROVAL:
Department Director tive ireetor
-2
or
Date Si eci Date Signed
i
A Resoluti0on
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RESOLUTION CIO, �
SOLUTION A.UTH RIZING AN MERLO CAL AGREEMENT
IEI T
WITH THE CITES of EUL SS AND DALLAS
FOR THE SHARING of REVENUES
GENERATED 1 'IHN THE BOUNDARIES of D FW INTERNATIONAL AIRPORT
WHEREAS, a portion of the City of Euless Euless is located within the geographical
boundaries of the Dallas/Fort Forth International Airport(the Airport);and
WHEREAS,S, Euless desires to increase economic development and job creation
opportunities for that portion of Euless located within. Airport boundaries as those boundaries
currently exist or as they may he changed in the fature(the Property); and
VVIREAS, in exchange for the City of Fort Worth (Fort Worth), the City of Dallas
(Dallas), and the Airport's Board (the Board) encouraging and giving- consideration to the
development of future economic development projects on.the Property, Euless is willing to share
revenues with Fort Worth and Dallas equivalent to certain tax and other revenues generated from
the property; and
AREAS, a proposed fnterlocal Agreement (attached hereto) between Fort Worth,
: Dallas, the Board and Euless has been negotiated which provides for the sharing of arnounts equal
to Increased Revenues and Additional Revenues,as deed therein, generated from the Property;
STOW, THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT NORTH,TEXAS:
I. That the City Manager is authorized to execute the attached fnterlocal Agreement.
2, That the City Manager and City Attorney shall be authorized to make any nonsuhstantive
revisions to the Interlocal.Agreement that may be necessary prior to its execution.
3. That the City//Manager is authorized to execute such other documents and instr rents as may
be necessary to effectuate this transaction.
4. That the City Attorney shall approve as to form and legality any legal instruments or documents
. prior to their execution by the City Manager.
5. That this resolution shall take effect from and aver its adoption by the City Council and the
approval of th Interlocal,Agreement by Dallas,Euless and the Board.
C1 of FORT WORTH,
s
ADOPTED this day of
1998.
4
Mayor,,.City of Fort Worth
City Secretary
APPRO D AS TO FORM AND LEGALITY:
Assistant City Attomey
Date:
f :
CITY OF FORT WORTH
980518
CATEGORY: ITEMS FOR INDIVIDUAL CONSIDERATION
AGENDA DATE: February 11, 1998
CITY SERVICE AREA (S): N/A
COUNCIL DISTRICT (S): Outside City Limits
DEPARTMENT: Inter ovemmental Services
c I o• „
Mary K. Suhm, -
1 APsco: NIA
SUBJECT
Authorize the City of Dallas to enter into an Interlocal Agreement with the Dallas/ Fort
Worth International Airport Board and the cities of Euless and Fort Worth for a revenue
sharing arrangement wherein Euless agrees to share certain revenue amounts with
Dallas and Fort Worth in exchange for the encouragement of further development and
growth of the airport property that falls within the geographical boundaries of the City of
Euless - Estimated First Year Revenue: $23,082
BACKGROUND
D FW Airport incurs expenditures for the benefit of the Cities of Grapevine, Euless,
Irving and Coppell. These expenses include maintenance of infrastructure and public
safety. In an effort to offset these expenditures, the D FW International Airport Board
became interested In exploring revenue sharing between the owner cities and
communities surrounding the Airport. In' the Fall of 1996, the Airport Board's Policy
Committee recommended the staffs of the Cities of Dallas and Fort Worth and the 4
D F W Airport Board explore the possibility of a joint agreement io share certain tax
revenues.
All of the cities that have property within the boundaries of the Airport were
approached. The city of Euless has agreed to share to-thirds of the increased-
revenues, attributable to property within the D/FW Airport boundaries, with the Cities of
Dallas and Fort Worth. Increased revenues represent an amount equal to certain ad
valorem taxes, sales and use takes, utility franchise fees, municipal court revenues:
mixed beverages taxes and all other general revenue tax levies (except hose
dedicated for specific purposes) attributable to Euless property within D F J Airport
boundaries which are in excess of the revenues collected on that same property in
base year 1996. The Cities of Dallas and Fort Worth will apportion the two--thirds of the
increased revenues according to proportional o wnership in the Airport 11 the to
Dallas, 411 1 the to Fort Mort . In addition, any revenue from new takes enacted under
Chapters 334 and 335 of the Local Government code by Euless, on property within
the D FW boundaries, will be evenly split between Dallas, Euless and Font Worth 1/3,
1/311/3.
980518
ITEM: Au h. i nterloca I aq reernent with Euless, Fort Worth, anti DIF !rp2rt Board for„r v ue sharing;
BACKGROUND (cont'dj
Additionally, the agreement requires that, if necessary, all the parties Will Work together
In the next Teas Legislative session to seek legislative validation of this interlocal
agreement and any other legislative modifications which may be required to ensure that
all increased revenues and additional revenues received or collected by Euless within
the boundaries of the Airport, whether existing or new, shall be shared as set out in the
agreement.
This agreement will be perpetual in nature and would only be terminated by the mutual
Written agreement of all the parties.
PRIOR ACTION/REVIEW COUNCILS BOARDS CoMMISS1ol s
Euless city Council approved agreement - February 3, '1 998
Dallas City Council briefed on agreement ent - February 4, 1998
F V International Airport Board approved agreement - February 5, 1998
FISCAL INFORMATION
Estimated flat year revenue - $23,082
980518
COUNCIL CHAMBER
Febra 1 1998
WHEREAS, the City of Euless receives benefits from having a portion of its city limits
located within the Dallas/Fort Worth International Airport boundaries; and
WHEREAS, the Dallas Fort Worth International Airport Board and the Cities of Dallas
and Fort Worth became interested in exploring revenue sharing between the owner
cities and the City of Euless; and
WHEREAS, the Dallas Fort Worth h International Airport Board, a joint board of the
Cities of Dallas, Texas and Fort Worth, Texas, the City of Dallas, Texas, the City of
Fort Worth, Texas and the city of Euless, Texas desire to enter into an interlocal
agreement for the sharing of Increased Revenues and Additional Revenues:
NOW, THEREFORE,E, EE IT RESOLVED E BY THE CITY COUNCIL of THE CITY of
DALLAS:
Section 1. That the City of Dallas hereby authorizes the City Manager, or his
designee, upon approval as to form by the City Attorney, to execute the Interlocal
Agreement with the Dallas Fort Worth International Airport Board, the City of Fort
Worth, Texas and the City of Euless, Teas, in substantially the form as attached
hereto as Exhibit A.
Section 2. That the City Controller be authorized to receive and deposit revenues
from this agreement in the General Fund 001, Agency B 1IS, Org 1 995, Revenue
Source 8478,
Section 3. That this resolution shall tale effect immediately after its passage in
accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
APPROVED Y
CITY COUNCIL.
FEB 1 1998
V�9* 4; V,
City Secretary
• r
r 12 APPROVED APPROVED APPROVED '
HEAD OF DEPARTMENT C 'CO LE C ANAGI
` r1
980 ,518
f
ENTERLOCAL AGREEMENT
STATE OF TEXAS
COUNTEES OF DALLAS AND T
WBEREAS, the Dallas/Fort worth International Airport B oard, a Joint board o f the Cities
of Dallas, Texas and Fort worth, Texas (hereafter "Board"), the City of Dallas, Texas
(hereinafter "Dallas"), the City of Fort worth, Texas (hereinafter "Fort worth) and the City of
Euless, Texas (hereinafter `Euless") desire to enter into this interlocal agreement for the sharing
of Increased Revenues and Additional Revenues as defined herein- and
VVBEREAS, Euless desires to increase economic development and ,fob creation
opportunities for that portion of Euless located within the geographical boundaries of the /Fw
International Airport as it exists to date and/or as it may be expanded as permitted by law (the
Property); and
WBEREAS, i
980518
C. "Base Year Revenues'� shall be $778,133, which is the sum of the following
amounts.
r
(1) $531,000, which amount has been determined by the parti
980518
11L
Except as provided in Section VIH hereof, Euless fturther agrees that, i
980518
Vs
This Agreement is designed to benefit all Parties including Euless, Dallas, Fort Worth,
and the Board. More specifically, the Agreement is designed to more equitably distribute
portion of Revenues amongst the three Cities, while encouraging the further development and
growth of DFW International Airport. The Cities of Dallas and Fort Worth and the Board agree
that as result of this Agreement, development opportunities within the Property which are
consistent with the development policies of the Board, shall be encouraged. an effort to
encourage the growth and development of DFW International Airport and because of the close
proximity of Euless' utilities to DFW Airport property, Euless shall permit tie-in and use of
utilities by Airport tenants for hose developments that fall within the Property under similar
terms and conditions as permitted for other properties within the City of Euless.
vim
A. At the next scheduled Legislative Session of the Texas Legislature, and as may be
required thereafter, Euless, Dallas, Fort Worth and the Board shall diligently seek a legislative
validation of this Agreement from the Texas Legislature, the enactment of legislation amending
the Texas 1 unicipal'Airp its Act, Article 46d-14 (no v Texas 'Transportation Code, §22.151 et
seq to fully implement this Agreement by statute, if necessary, and/or any other legislature
modifications which might be required to ensure that all Increased Revenues and Additional
Revenues received or collected by Euless within the boundaries of DFW International Airport,
whether existing or new, shall be shared as described in the Agreement.
B. In the event that legislative action necessary to fully implement the sharing of
Additional Revenues pursuant to this Agreement is not secured by the end of the second
Legislative Session after the execution of this Agreement, Euless may thereafter take action to
collect such Additi
980518
Xi
The amount of Increased Revenues and Additional Revenues generated in subsequent
years shall be verified by the independent auditor of the City of Euless with the cost of such
verification being apportioned based on the percentages specified in Section H hereof with respect
to Increased Revenues, and Section III hereof, with respect to Additional Revenues. Dallas
and
Fort worth, or their designated representatives, shall be entitled, no more frequently• � , . � �
annually, to audit Euless records o Increased Revenues and Additional Revenues.
X1
This Agreement shall be governed by the laws of the State of Texas and the applicable
laws of the United States of America, and venue on any snit brow hereunder shall lie
e
exclusively in Dallas or Tarrant County, Texas.
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invidi ale ali
Y1 g ty
or unenforceability shall not affect any other provision thereof, and in lieu of each provision of
this Agreement that is illegal, invalid, or unenforceable, here shall be added a new provision to
this Agreement as shnilar in terms to such illegal, invalid, or unenforceable provision as may e
possible and yet be legal, valid and enforceable, by means of good faith negotiation h the
g y
Parties to this Agreement.
This Agreement shall be perpetual and may only be terminated by the mutual written
agreement of all the Parties hereto,
3ay.
This Agreement shall become effective between the Parties hereto on the day of its
approval by all of the City Councils of Pallas, Fort Worth and Euless and by the Board and shall
continue in effect until it has been terminated according to this Agreement.
XV.
This Agreement may be amended or modified by the mutual agreement of all the Parties
hereto, ire vriting, to be attached to and incorporated into this Agreement.
XVIL
This Agreement contains all commitments and agreements of all the Parties, and oral or
Witten commitments not contained herein' shah have no force or effect to alter any term or
condition of this Agreement.
980518
XrNU
This Agreement shall be executed by the duly authorized official(s) of the Party as
expressed In the approving resolution or order of the governing body of such Party, a copy of
each which is attached hereto.
XVM
In the event that the Board, Dallas and Fort Worth enter into a future agreement with
another jurisdiction located within the geographical boundafies boundaries of the DFW International Airport
t as it now exists and/or it may be changed for the sharing of Increased Revenues and/or
Additional Revenues, and that agreement provides that such jurisdiction shall retain a larger
percentage of Increased Revenues and/or Additional Revenues than that retained by Euless
pursuant to this Agreement, then in such event this Agreement shall be amended effective as of
slate of such future agreement to provide for Euless' retention of the same percentage of fugue
Increased Revenues and/or Additional Revenues hereunder.
�i
This Agreement shall become null and void and of no further effect or consequences, if
the currently proposed Consolidated Rent-a-Car Facility, the "Facility" designed and to be
operated such as to provide transfer of possession of the rent-a-car within the Property, as
provided by Chapters 334 and 335 of the Local Government Code) is not constructed and
operating by March i st, 2001. Provided, however, that in the event that construction and
operation of the Facility is prevented or delayed by "force majeure", as defined herein, this
Agreement shall not terminate and shah remain in Ul force and effect. 'Force majeure" shall
mean any contingency or cause beyond the reasonable control of the parties to this Agreement
including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, governmental or de facto governmental action (unless directly caused by ants or
omissions of the parties), fires, explosions or floods and strikes.
EXECUTED on this, the � day of 19980
TBE CITY OF EULESS, TEXAS
By:
--non
Tom Bart
Title: City Manager
Date:
APPROVED AS TO FORD
City Attorney, Bob McFarland
6
980518
4
DALLAS/FORT WORTH INTERNATIONAL
AIRPORT BOARD
y. '
Jeffrey P. Fa
Executive Director
Date:
APPROVED AS TO FORM
DFW Airport Legal Counsel
r
TE CITY OF DALLAS, TEXAS
By:
Title:
Date:
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY of FORT WORTH, TEXAS
By:
Title:
Date;
APPROVED AS TO FORM:
Assistant City Attorney
T H E ,n.... 'C I T Y 0 F
EULESS
Office--9f Ci�y Manager
March 19, 1 998
Mr. Bob Terrell
City Manager
City of Fort Worth
1000 Th rokro rto n
Fort Worth, TX 76102
Dear Mr. Terrell:
Enclosed is the executed copy of the Interloo l Agreement for the sharing
of Increased Revenues rid Additional Revenues on D FW property within
the City of Euless.
We thank you for helping to expedite the execution of this joint agreement.
This agreement will benefit all the parties involved, and the City of Euless
is proud to have a part in the economic gro wth of our area. Obviously, the
signing of this agreement is not the end of the work involved. We look
forward to working with you to accomplish all of the opportunities available
from the agreement.
Si ne rely,
140
Tom Hart
City Manager
THdor
a-lmy documentslth\mver Itr rsa,doc
201 N. Etor Drive, Euless,Texas 76039-3595
817/685-1420 • Metro 817/267-4403 • FAX 817/685-1416