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HomeMy WebLinkAboutOrdinance 6623 ORDINANCE NO, 2 3 AN ORDINANCE APPROVING THE FORM AND SUBSTANCE OF AN AMENDMENT TO A CONTRACT BETWEEN THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD AND THE TRINITY RIVER AUTHORITY OF TEXAS; PRE- SCRIBING THE FORM OF SAID AMENDMENT; ORDAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF PASSAGE WHEREAS, the Board of Directors of the Dallas-Fort Worth Regional Airport deems it advisable and in the best interest of the Dallas-Fort Worth Regional Airport to enter into an amendatory contract with the Trinity River Authority of Texas for sewage disposal services; and WHEREAS, Article 7621g, Vernon's Texas Civil Statutes, 1925, as amended, requires that the contemplated contract be approved, by ordinance, by this City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That a contract in form and substance as attached hereto and made a part hereof is in all things approved. SECTION 2. That execution of said contract on behalf of the Dallas-Fort Worth Regional Airport Board by its Chairman and Secretary is hereby authorized and approved. SECTION 3. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so enacted. SECTION 4. That it is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Vernon's Ann. Civ. Stat. Article 6252-17. Mayor of the City of Fort Worth, Texas ATTEST: City Secretary of the City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: A � City Attorney of the City of Fort Worth, Texas Airport Board Agreement No. 23512-Hsl SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, Made as of the day of , 1972, by and between the Dallas-Fort Worth Regional Airport Board (hereinafter sometimes called the "Board"), having an office at 604 Avenue H East, Arlington, Texas 76011; and the Trinity River Authority of Texas, an agency of the State of Texas and a water conservation district, created by Chapter 519, Acts of the Regular Session of the 54th Legislature, pursuant to Article XVI, Section 59, of the Constitution of Texas (hereinafter sometimes called the "Authority"), having an office at 2723 Avenue E East, Arlington, Texas 76011; WITNESSETH: WHEREAS, The Board and the Authority entered into that certain Agreement on the 16th day of July, 1971 (hereinafter sometimes called the "Agreement"); and WHEREAS, The Board and the Authority desire to supplement, amend, and modify the Agreement without waiving or abating any of the rights, duties, bene- fits, or obligations contained in the Agreement unless hereinafter expressly set forth; NOW, THEREFORE, The Board and the Authority, for and in consideration of the covenants and conditions contained in the Agreement and those hereinafter set forth, agree as follows: I. That the Agreement shall be and hereby is incorporated herein and made a part hereof by reference. II. Wherein, Page One (1) contains precatory language of the said Agreement, such page should be and hereby is supplemented and amended to contain the following phrase: "WHEREAS, Adequate, well-planned Sanitary Sewer Facilities (hereinafter defined and referred to as a portion of the System) for the 1 conveyance and disposal of sanitary sewerage is a part of the Airport's essential and necessary systems and facilities;" III. Article I, Section 1.1, shall be and hereby is supplemented and amended to read as follows: "Definitions. In and throughout this Agreement, the following words shall have the following meanings, respectively, to-wit: (a) "Airport" means the Dallas-Fort Worth Regional Airport; (b) "Board" means the Dallas-Fort Worth Regional Airport Board; (c) "Bonds" means the Series 1971 Bonds, any Completion Bonds, and any issued to refund any bonds issued hereunder; (d) "Cities" means the Cities of Dallas, Texas, and Fort Worth, Texas; (e) "Completion Bonds" means Bonds issued for the purpose of completing the payment of the costs of the System; (f) "Completion Date" means the date upon which the System is constructed, substantially completed and ready for use, which date shall not be later than the Starting Date; (g) "Original Cost" means the Authority's cost of construction, in- cluding direct and overhead construction costs; . (i) "Premises" means the land upon which the Waste Treatment Plant shall be constructed, said land being more fully described by coordinates and set forth in Exhibit "A" attached hereto; (j) "Sanitary Sewer Facilities" means the network of service pipe- lines for the conveyance and delivery of sanitary sewerage; (k) "System" means the Waste Treatment Plant, the Waste Convey- ance Facilities, and the Sanitary Sewer Facilities, as well as all appurten- ances of each of the above; (1) "Series 1971 Bonds" means the Series of Bonds to be issued in 2 response to this Agreement for the purpose of constructing and equipping a part of or all of the System; (m) "Starting Date" means the date of receipt of written notice by Authority from the Executive Director of the Board that the Federal Aviation Administration (or other federal agency succeeding to its jurisdiction) has officially certified that the Airport is operational; (n) "Waste Conveyance Facilities" means the network of service pipelines for the conveyance of waste water and delivery thereof to the Waste Treatment Plant; and (o) "Waste Treatment Plant" means that structure and its appurtenances which shall receive, treat and dispose of waste water delivered from the Waste Conveyance Facilities. " IV. Article III, Section 3.2 (b) , shall be and hereby is supplemented and amended to read as follows: "The Parties hereto anticipate that the System shall be financed in part with Federal and State Grants and funds derived from the Authority as a signatory to the State of Texas Water Pollution Control Compact (hereinafter called the "Compact") and/or other funds lawfully available for such purposes; however, And notwithstanding the foregoing, the Authority shall finance, construct and own the System; provided the Board shall have the exclusive right to operate and maintain the System except for the Waste Treatment Plant which shall be operated and main- tained by the Authority in accordance with the provisions of this Agreement." V. Article V, Section 5.1 (a), shall be and hereby is supplemented and amended to read as follows: "Amounts Payable. (a) The Board hereby agrees to pay to the Authority for waste disposal services throughout the period during 3 which the Bonds are outstanding an amount equal to the principal, interest, any redemption premium, costs necessarily incurred in exercising any option of prior redemption, and any special reserve requirements contained in the System Bond Resolutions, together with an amount equal to the reasonable cost and charges of any paying agent or paying agents thereunder and any trustee or trustees therefor, the payments to be payable at the times and in the amounts specified and provided in the System Bond Resolutions. " VI. That this Supplemental Agreement constitutes all of the supplements and amendments of the Agreement; and that except for the portions of the Agreement so supplemented or amended, the Agreement shall remain in effect in its entirety; and that the supplements and amendments as mutually agreed upon and set forth herein shall be considered as if originally set forth in the Agreement; and that in the event of any ambiguity or conflict created hereby between this Supplemental Agreement and the Agreement, the language of the Agreement shall prevail. IN WITNESS WHEREOF, The parties hereto have executed these presents at Arlington, Tarrant County, Texas, as of the day and year first above-written. DALLAS-FORT WORTH REGIONAL AIRPORT BOARD By Chairman ATTEST: Secretary to the Board TRINITY RIVER AUTHORITY OF TEXAS By General Manager ATTEST: Secretary 4 1 THE STATE OF TEXAS COUNTY OF TARRANT I, Roy A. Bateman, City Secretary of the ar City of Fort Worth, Texas, do hereby certify that 'the above and foregoing is a true and correct copy of Ordinance No. duly presented and passed by the City Council of the City o,f Fort Worth, Texas, at a regular session held on the day of 1972, as same appears of record in the Office of the City Secretary. WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the day of , 1972. City Secretary of the City of Fort Worth, Texas (CITY SEAL) unE City of Fort Worth, Texas MATSON Mayor and Council Communication .naBas r'AY�S ,DATE REFERENCE SUBJECT: Amendment-to`Contract between PAGE NUMBER the Dallas/Fort Worth Regional Airport 1 Roe 2/7/72 C-2161 Board and Trinity River Authorityfor 1of Sewage Disposal Services On July 16, 1971, the Dallas/Fort Worth Regional Airport Board and the Trinity River Authority entered into a contract under which the Authority would treat and dispose of certain waste of the Regional Airport, which waste did not include sanitary sewage. The Dallas/Fort Worth-Regional Airport-Board-has determined and recommends to the- City Council that-it-would be-advantageous Oto the operation of the Regional Airport` if-arrangements were made-with-the Trinity- River Authority to also treat-and dispose-of- sewage: -By- the adoption - of an amendment to-such contract, proceeds- from"the~sale--of~general revenue bonds will be available for other necessary-projects at-the-Airport and the cost of treating and disposing of sanitary sewage would become an operat- ing expense of the Airport, which will be passed on-to- the- airlines. The Dallas/Fort Worth Regional- Airport-Board recommends-an, amendment to its ° contract with the Trinity River Authority, finding that well-planned sanitary sewer facilities are an essential and necessary part of the operation and maintenance of the Regional Airport. The contract will also be amended so that- the- sanitary sewer facilities and system may be financed in part with Federal- and-State grants and funds derived from the Authority as a signatory to the- State of~Texas-Water Pollution- Control Compact, The Regional-Waste-Disposal Act requires that such amendment to the contract be approved by the adoption of ordinances by the City Councils of Fort Worth and Dallas. Recommendation It is- recommended that the City Council- approve-an-amendment to the contract between the Dallas/Fort-Worth Regional Airport Board and the Trinity River Authority to provide for sewage treatment services to the Regional Airport by the Trinity River Authority. RNL:ms SUBMITTED BY: DISPOSITIQN_13Y COUNCIL: PROCESSED BY PPROVED ❑ OTHER (DESCRIBE) N w , CITY SECRETARY DATE CITY MANAGER - 2