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HomeMy WebLinkAboutOrdinance 15066CITY OF DALLAS ORDINANCE NO. CITY OF FORT WORTH ORDINANCE NO. ~ ~(p AN ORDINANCE AMENDING IN PART THE THIRTY-SECOND SUPPLEMENTAL CONCURRENT BOND ORDINANCE RELATING TO DALLAS/FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE COMMERCIAL PAPER NOTES; AND PROVIDING OTHER TERMS, PROVISIONS AND COVENANTS WITH RESPECT THERETO 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 Boazd (the "Boazd"), to operate and to set and establish policies for the Airport; and WHEREAS, the Cities, pursuant to the Thirty-Second Supplemental Concurrent Bond Ordinance adopted by the City Councils of the Cities on October 24, 2000 and October 25, 2000, respectively (the "Thirty-Second Ordinance"), determined that the Cities should issue and should authorize the Board to sell and deliver commercial paper notes in order to provide interim financing for Eligible Projects; and WHEREAS, the Cities have determined to amend the Thirty-Second Ordinance by modifying the definition of Eligible Project; and WHEREAS, this Ordinance ("Ordinance") is adopted for the purpose of amending the Thirty-Second Ordinance as set forth herein, in accordance with Section 1.5(b) of the Thirty- Second Ordinance and Article VIII of the Thirtieth Supplemental Concurrent Bond Ordinance adopted by the City Councils of the Cities on February 22, 2000 and February 23, 2000, respectively (the "'Thirtieth Ordinance"); 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: 562588 4.DOC ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1 1 Definitions. The capitalized terms used herein, including the capitalized terms used in the preambles hereto, that are not otherwise defined herein, shall have the same meanings and definitions as are applied to such terms, respectively, in, or incorporated into, the Thirty-Second Ordinance. Section 1.2. Titles and Headinss. 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 1.3 Interpretation. (a) Unless the context requares 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 THIRTY-SECOND ORDINANCE; DESIGNATION OF ELIGIBLE PROJECT Section 2.1 Amendment to Thirty-Second Ordinance. 'The definition of "Eligible Project" contained in Section 1.2 of the Thirty-Second Ordinance is amended by deleting such definition in its entirety and replacing it with the following: "Eligible Project -means those improvements, enlazgements, properties and equipment included as a part of the Airport capital improvement program, as originally approved by the Board on November 8, 1999, by the City of Fort Worth on December 15, 1999 and by the City of Dallas on December 16, 1999, and as subsequently amended and revised by the Boazd and the Cities, together with any other project or program that the Board and the Cities by official action approve and designate as an "Eligible Project" for the purposes of this Thirty-Second Ordinance." Section 2.2. Desiariation of Eligible Project. The Cities hereby designate and include as part of the "Eligible Project" for the purposes of the Thirty-Second Ordinance the following: 562588_4 2 (1) Additions, improvements, facilities and equipment to enhance passenger and aircraft safety and security, including those required by the Aviation and Transportation Security Act; (2) Improvements and facilities necessary to meet environmental requirements; and (3) Capital improvements, repairs and maintenance of existing Airport properties and facilities. ARTICLE. III MISCELLANEOUS Section 3 1 TEFRA Approval. The Authorized Officers and each of them are authorized. to take all actions. necessary and/or appropriate for the purpose of satisfying Section 147 of the Code, including; but not limited to, conducting a public hearing relating to the Notes to be issued for any Eligible Project, and the Mayors of the Cities are hereby authorized to approve the- issuance of such Notes and the use of the proceeds thereof for the purpose of satisfying the requirements of Section 147 of the Code. Section 3.2. 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 3.3 Notification and Reporting. Prior to the initial issuance of Notes for an Eligible Project, the Board's Chief Financial Officer shall notify members of the Board of the intent to issue Notes and the purposes therefor Additionally, while any Notes are outstanding the Board's Chief Financial Officer will report monthly to the Board the amount of Notes outstanding. Section 3 4 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 and upon satisfaction of the requirements set forth in the Thirtieth Ordinance and the Thirty-Second Ordinance. (Verification Pages Follow) 562588 4.DOC 3 PASSED BY THE FORT WORTH CITY COUNCIL THIS 2002. ~ c~~ Mayor,. City of Fort Worth, Texas (Seal) 4 _ ~ . - ~ :, ... ATT~T: ~Y of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Fort orth, Texas 562588 4.DOC CITY OF DALLAS ORDINANCE NO. CITY OF FORT WORTH ORDINANCE NO. AN ORDINANCE AMENDING IN PART THE THIItTY-SECOND SUPPLEMENTAL CONCURRENT BOND ORDINANCE RELATING TO DALLASJFORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE COMMERCIAL PAPER NOTES, AND PROVIDING OTHER TERMS, PROVISIONS AND COVENANTS WITH RESPECT THERETO 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 Thirty-Second Supplemental Concurrent Bond Ordinance adopted by the City Councils of the Cities on October 24,2000 and October 25, 2000, respectively (the "Thirty-Second Ordinance"), determined that the Cities should issue and should authorize the Board to sell and deliver commercial paper notes in order to provide interim financing for Eligible Projects; and WHEREAS, the Cities have determined to amend the Thirty-Second Ordinance by modifying the definition of Eligible Project; and WHEREAS, this Ordinance ("Ordinance") is adopted for the purpose of amending the Thirty-Second Ordinance as set forth herein, in accordance with Section 1.5(b) of the Thirty- Second Ordinance and Article VIII of the Thirtieth Supplemental Concurrent Bond Ordinance adopted by the City Councils of the Cities on February 22, 2000 and February 23, 2000, respectively (the "Thirtieth Ordinance"), 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, ~w p~~11(,n _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~~~~~^~C'T:I~IE' CITY OF FORT WORTH: ~~~~~~~~" ~~~~~,~e`~ ;~ eS'1`17 ill ~~ 562588_A.DOC ARTICLE I DEFINITIONS AND OTHER PRELIA~TARY MATTERS Section 1 1 Definitions. The capitalized terms used herein, including the capitalized terms used in the preambles hereto, that are not otherwise defined herein, shall have the same meanings and definitions as are applied to such terms, respectively, in, or incorporated into, the Thirty-Second Ordinance. Section 1.2 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 1.3 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 THIltTY-SECOND ORDINANCE, DESIGNATION OF ELIGIBLE PROJECT Section 2.1 Amendment to Thirty-Second Ordinance. The definition of "Eligible Project" contained in Section 1.2 of the Thirty-Second Ordinance is amended by deleting such definition in its entirety and replacing rt with the following: "Eligible Project -means those improvements, enlargements, properties and equipment included as a part of the Airport capital improvement program, as originally approved by the Board on November 8, 1999, by the City of Fort Worth on December 15; 1999 and by the City of Dallas on December 16, 1999, and as subsequently amended and revised, together with any other project or program that the Board and the Cities by official action approve and designate as an "Eligible Project" for the purposes of this Thirty-Second Ordinance." Section 2.2. Desitmation of Eligible Project. The Cities hereby de ' as part of the "Eligible Project" for the purposes of the Thirty-Second Ordinan ~~ ~ r o ~`' ° `~~)~,i~ ;. . , u U e~ v!!..~ , r i q~illC '~,~5?1 + ~arn',, ~~A~ ~~~~~~!~;~ ~SG~~a s62ssa_a.DOC 2 (1) Additions, improvements, facilities and equipment to enhance passenger and aircraft safety and security, including those required by the Aviation and Transportation Security Act; (2) Improvements and facilities necessary to meet environmental requirements; and (3) Capital improvements, repairs and maintenance of existing Airport properties and facilities. ARTICLE III MISCELLANEOUS Section 3 1 TEFRA Approval. The Authorized Officers and each of them are authorized to take all actions necessary and/or appropriate for the purpose of satisfying Section 147 of the Code, including, but not limited to, conducting a public hearing relating to the Notes to be issued for any Eligible Project, and the Mayors of the Cities are hereby authorized to approve the issuance of such Notes and the use of the proceeds thereof for the purpose of satisfying the requirements of Section 147 of the Code. Section 3.2 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 3.3 Notification and Reporting. Prior to the initial issuance of Notes for an Eligible Project, the Board's Chief Financial Officer shall notify members of the Board of the intent to issue Notes and the purposes therefor Additionally, while any Notes are outstanding the Board's Chief Financial Officer will report monthly to the Board the amount of Notes outstanding. Section 3 4 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 and upon satisfaction of the requirements set forth in the Thirtieth Ordinance and the Thirty-Second Ordinance. (Verification Pages Follow) ~ ~•, J,i ~`~1i('' ~~ ice, i i~l ~:! f i ~ ~: q' ~t. ;a ~ f.,l.,t ~~l:~t.. ,, iie ~ y~',1o :.~~ a:~,,.~.. 562588_4.DOC APPROVED AND PASSED BY THE DALLAS CITY COUNCIL THIS , 2002. APPROVED AS TO FORM. City Attorney, City of Dallas, Texas u " ~:'l.ili'V~i:r ~D~;~~ S~,ar1y~nnl~ ~ ~,~L.,:,~:,t~, ~G.o~ co U4~ ~; ~ ii !~ tf iiU tt iiirl o 562588_4.DOC PASSED BY THE FORT WORTH CITY COUNCIL THIS , 2002. Mayor, City of Fort Worth, Texas (Seal) ATTEST: City Secretary, City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY. City Attorney, City of Fort Worth, Texas 562588 4.DOC U ~~ ~~. ~ ~a(~. } ~ ~ 1 5:-%1 ~~;,. ~.,~ .~~ ~;~t°•t~ ~ . ~ ~ ~/ ' hit ~'i,rr1P,;~ ~o l' ~~ ~:'.' ~' ii 1~n i~ hu~~eo THE STATE OF TEXAS § COUNTY OF DALLAS § CITY OF DALLAS I, Shirley Acy, 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 Ordinance that was duly presented and passed by the City Council of the City of Dallas, at a regular meeting held on 2002, which ordinance is duly of record in the minutes of said City Council and 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, Government Code, as amended. WITNESS MY HAND and seal of the City of Dallas, Texas, this day of 2002. City Secretary, City of Dallas, Texas (SEAL) 5625$8_4.DOC ~.~~'~~t( filly` ~ I3~ C~: ~) `-' (1 C ~I Yi~`c ~`' ~t~ rri~~M ~_ ~~~ F~ ~ ~~ -.q ~"~ ~''~}}7:'~ ~~ a ~: ~ , 44r.rw.w.a.aS THE STATE OF TEXAS § COUNTY OF TARRANT § CITY OF FORT WORTH § I, Gloria Pearson, Crty Secretary of the City of Fort Worth, Texas, do hereby certify 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 Fort Worth, Texas, at a regular meeting held on , 2002, 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, Government Code, as amended. WITNESS 1VIY HAND and the Official Seal of the City of Fort Worth, Texas, this _ day of , 2002. City Secretary, City of Fort Worth, Texas (SEAL) p ,1~~ l~°I r rii'' ~t ~,~ ,~ Yi u''e bti1~''ii.J~;~a J~=r,'~.o 562588_4.DOC