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Home My WebLink About671 - City Council - Resolution■ � '?' ;', `^y � I� �.....�.r... <..._...,�.,.._._...__..__.�._..�..,...___._ � ��A.)'�a..i��.+�.t�•�.,�r%� ��J,lstj l�s�.s.. � / /__'..._ - . .'LGLa�I��:�..�-� - � �� go..._. .�_ �,...�. WHEREAS, pursuant to agreements between the Board and various air carrier., serving the Da11as�Fort Worth Regional Airport ( DFW Ai.rport ), including its agreements entitled �� "Letter Agreement," dated February 9, "1970, and the agreements entitled "Dal}.as-Fort Worth Airport Use Agreement" between the Board and various air carriers serving DFW Airport, dated at various times, and other agreements between the Board and such air carriers (all of such agreements called "Agreements"), the Board �ay request th� Cities to authorize and issue and the Cities may issue "Additional Bonds" for the purposes of DFW Airport in accordance with the Cities' 1968 Regional Airport Concurrent Bond Ordinance (the "1968 Ordinance") without the necessity of seeking or obtaining the consent and approval of any one or more af such air carriers if the Board and the Cities, in their respective individual and governmental capacities, determine that such action is necessary in the public interest, is in the interest of public safety at DFW Airport, or is required as a matter of overriding public necessity and if they further find in their sole judgment that such actions are in furtherance of their responsibili- ties under law and are consistent with the prudent operations of DFW Airport; and WHEREAS, the Dal.las-Fort Worth Regional Airport Baard and the City Couneilf �!b�/i� of the Cit��of �� F�t Worth, have each found and determined and eac finds he�eby, as�,t�ie owners and operato�s of DFW Airport, that they have the specific duties under law to provide and maintain adequate, safe and efficient facilities for the use and accommodation of the public and a11 commercial air carriers serving or seeking to serve the public at DrW Airport, and to honor, fulfill and carry out the terms and provisions of contracts pertaining to DFW Airport; and WHEREAS, heretofore, with the full consent and apprQval of not less than a majority-in-interest of the air carriers serving DFW Airport (as that term is defined in the Agreements) the Board and the Cities authorized and issued in excess of $50,000,000 in Additiona�. Bonds under the 1968 Ordinance for the purpose of commencing the engineering and development phases of various terminal expansions and additions at DFW Airport, and such funds , have been committed to and are being expended for such purposes in the terminal areas thereof, consisting of preliminary grading, drainage, water and sewer facilities, associated ramp expansions, and related facilities preliminary to the actual construction of additional terminal structures, increased vehicle parking facili- ties, roadway and public access and use facilities; and WHEREAS, as permitted 0 CtTY OF FORT �OAZ'8 � Agreements, Braniff Airways, Incorporated ("BI") and Texas International Airlines, Inc. ("TI"), have each requested that the Board and the Cities proceed �o issue Additional Bonds under the 1968 Ordinance for the purpose of constructing and equipping expansion and extensions to their respective terminal facilities at DFW Airport for the accommodation of increased existing and projected demands of the public in thos� areas o� DFW Airport, a11 for the safe, convenient and efficient handling of the public need, and have each, with respect to the tacilities respectively •requested, agreed to occupy the same when com- pleted and to pay the same when completed and to pay rentals for the use thereof in accordance with the Agreements or in accordance with modifications thereof approved by a11 a€fected airlines and the Board, or in such amounts as may be determined to be payable by a court of competent jurisdiction if such question should be litigated; and WHEREAS, the issuance of such bonds has not been approved by a majority-in-interest of the affected airlines under the Agreements, and, accordingly, the Board and the Cities have independently and separately convened in public meetings for the purpose of making a determination as to whether they should proceed with the issuance of such bonds for such purposes with- out the approval of a majority-in-�nterest of the airlines, pursuant to the authority to do so reserved in the Agreements and in the exercise of their non-delegable governmental powers as the governmental otirners of a public airport; and WHEREAS, in making such determination, the Board and the Cities have each considered, among other Chings, (i) the matters recited, found and determined in the above preambles to this Resolution, (ii) relevant and various studies and reports hereto- fore made with resp�ct to the future needs of the public and air �arriers serving the needs of the public at DFW Airport, including its "Terminal Needs Study" completed in 1978, (iii) the impact of federal "deregulation" of the airline industry on DFW Airport as the Nation's newest major-hub airport, including substantial increases in passenger needs earlier than projected by the above study and others, (_iv) specific airline needs for the future at DFW Airport, as projected by them, (v) matters of public conven- ience, safety and e�ficiency, including, but not li.mited to automotive parking needs and roadway requirements, the need for � elimination of inconvenient ramp-loading requirements for commuter aircraft, baggage handling needs, and increased ramp facilities for aircraft, (vi) oral presentations irom interested and affected airlines serving DFW Airport and from representatives of DFW Airport, (vii) preliminary reports pertaining to the design of the specific facilities requested by BI and TI, (viii) general G'1TY OF FdRT N10R� ❑ economic and financial conditions which affect DFW Airport, including the effect of existing general inflationary conditions on construction contracts pertaining to the requested facilities bid on terms considered favorable and the loss thereof should financing not proceed, and the continued deterioration of the market conditions for municipal bonds generally and bonds similar to bonds issued under the 1968 Ordinance, and (ix) other matters considered relevant to the Board and the C�ty Councils of the Cities; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCZL OF THE CITY OF FORT WORTH: (1) �hat the recitals, findings, statements and determina- tions contained in the preambles of this Resolution are hereby restated, recited, found and determined as a part of the operative provisions of this Resolution;�• (2) That it is hereby further found and determined that the issuance of bonds under the 1968 Ordinance for the purposes stated and the facilities to be constructed and acquired thereby, as recited aforesaid, are necessary in the puhlic interest, are in the interest oi DFW Airport safety, overriding public necessity and failure to provide such facilities would otherwise constitute a failure to discharge specific diities, responsibilities and obligations imposed by law; and (3) That the request of BI and TI are hereby approved and it is hereby directed that all such actions shall be taken to proceed with the issuance of additional bonds for such purposes and the construction and equipment of such facilities as may be nEcessary and required by applicable contracts and agreements ;between the Cities of Dallas and i',�rt Worth, the 1968 Ordin�nce and applicable law. (4) That this RESOLUTION shall be effective from and after its adoption this 26th day of February, 1980. ATTEST: City Secretary Mayor, City of Fort Worth, Texas AP�ROV AS TO F J^\ A. / " \ _ �ity tto�ney � • ❑ (SEAL) � C1TY OF FORT WOATH