Loading...
HomeMy WebLinkAbout067 - 06/07/2016 - APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINTORDINANCE NO. 067, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, TO BE KNOWN HENCEFORTH AS THE NORTHERN COLORADO REGIONAL AIRPORT, AND RATIFICATION OF PREVIOUS ACTIONS WHEREAS, in 1963, the cities of Fort Collins and Loveland (the "Cities") established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the "Airport"); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article Il, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado Regional Airport Commission (the "Commission") as the Airport governance structure; and WHEREAS, by adoption of Resolution 2015-003 on January 6, 2015, the City Council approved the IGA; and WHEREAS, the Commission, at its April 27, 2016 meeting, approved and recommended adoption by the Cities of certain proposed amendments to IGA expanding the powers delegated to the Commission as set forth in the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport attached hereto as Exhibit "A" (the "First Amendment'); and WHEREAS, at the April 27, 2016 meeting, the Commission also voted to change the name of the Airport to the Northern Colorado Regional Airport; and WHEREAS, in accordance with the provisions of Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions, the City Council desires by adoption of this Ordinance to ratify and reaffirm the approval of the IGA and creation of the Commission as set forth therein; and WHEREAS, the City Council has determined that amendment of the IGA is necessary to reflect its desire to expand the powers delegated to the Commission as set forth in the First Amendment in order to provide more effective and efficient Airport management and operation; and 1- WHEREAS, the Council, on behalf of the City in its role as an owner and operator of the Airport under the IGA, concurs with the Commission's action changing the name of the Airport and declares that henceforth the Airport shall be known as the Northern Colorado Regional Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That, by adoption of this Ordinance City Council hereby ratifies and reaffirms the approval of the IGA and creation of the Commission as set forth therein and all actions heretofore taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Section 3. That the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport attached hereto as Exhibit "A" and incorporated herein by reference is hereby approved. Section 4. That the Mayor is authorized to execute the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport together with such changes to the form of said Agreement as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City provided such changes are materially consistent with the terms of this Ordinance and the intended purpose of said Agreement. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the o une, A.D. 2016. tORT Co` Mayor r ATTEST:CoioaV:9 J V City Clerk 2- Passed and adopted on final reading on this 7th day of June, A.D. 2016. FORr.co i Mn SE kL : May Pro Tem ATTEST: oCUIURPA City Clerk t L 3- EXHIBIT A FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE, FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT THIS First Amendment is made and entered into this day of 2016, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to individually as a"City" and collectively as the "Cities." WITNESSETH : WHEREAS, in 1963, the Cities established a regional general aviation facility and became the joint owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the "Airport"); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado Regional Airport Commission(the "Commission") as the Airport governance structure; and WHEREAS, in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be operated and maintained as the Cities'joint venture; and WHEREAS, the Cities have further determined that amendment of the IGA is necessary to reflect their desire to clarify the authorized powers of the Commission and delegate additional Airport duties and responsibilities to the Commission in order to provide more effective and efficient Airport management and operation. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. That Section 1. of the IGA is hereby amended to read in full as follows: 1. Joint Airport Operation. The operation and maintenance of the Airport is a joint venture between the City of Fort Collins and the City of Loveland, with full management and policy-making authority vested equally in both Cities. The following management and policy making issues ("Policy Issues".) are reserved to and shall require approval of the City Councils: A. adoption of the Airport Master Plan; B. approval of and participation,in federal and state grant agreements except those that the Commission is authorized to approve under section 4 below; C. approval and execution of federal and state grant assurances, the approval of which is hereby delegated to the City Managers of each City as to their City; D. purchases and sales of real property or structures; E. construction of capital projects except to the extent of the authority granted to the Commission in section 4 below; F. approval of the annual Airport budget, which shall include a capital reserve fund ("Capital Reserve") and an operating reserve fund ("Operating Reserve"); and G. approval of each Cities' annual contributions to and appropriation of the Airport budget (the "Approved Airport Budget"). 2. That Section 4. of the IGA is hereby amended to read in full as follows: 4. Commission Powers and Scope of Authority. The Cities do hereby delegate to the Commission, to the extent consistent with and subject to any Airport plans or policies jointly adopted by the City Council, applicable federal and state law, the Cities' charters, ordinances and regulations, as they exist or as amended, the terms and conditions of Federal Aviation Administration ("FAA") regulations or other grant agreements, including without limitation any grant assurances set forth therein, and any other limitations set forth herein,the following power and authority to: A. Enter into Airport agreements, including Airport property leases and contracts for goods and services, provided that such agreements are: i. in a form generally approved by the City Manager and City Attorneys for each City; ii: as to leases of Airport property and improvements, are for an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use, are for a use permitted by any land use or zoning codes or regulations applicable to the Airport property, and are for a total term not to exceed fifty years; iii. within the Approved Airport Budget and appropriations, and iv. entered into in accordance with City of Loveland Purchasing policies. B. Authorize Airport activities; C. Adopt or revise Airport rules and regulations, including `minimum standards; D. Develop budgets, establish capital and operations reserve policies and propose capital projects consistent with Approved Airport Budget; E. Expend appropriated funds consistent with the Approved Airport Budget, provided that any expenditures from Capital Reserves and Operating Reserves included in the Approved Airport Budget do not exceed the lesser of: i. Twenty-five percent (25%) of the annual Budget approved by the Councils, or 2. ii. Fifty percent (50%) of the unassigned balances of the Airport Fund including Operating Reserves, and the Airport Capital Fund. Notwithstanding the foregoing, the expenditure of Capital Reserves and Operating Reserves permitted under this Section 4.E shall be permitted only to the extent that such amounts have been appropriated by the Cities, and do not result in reduction of the Reserves below any minimum amount required by policy approved by the Cities; F. Establish Airport rates, fees and charges on an annual basis; G. Establish Airport service levels; H. Develop an Airport operating plan, including security and emergency plans; and I.Direct the Airport Manager in the provision of Airport services, including the establishment of goals and objectives for each year and annual evaluations of the Airport Manager's performance in relation thereto in order to make recommendation to the Loveland City Manager regarding employment matters involving the Airport Manager; J.Sign grant agreements to the extent permitted by grantors, so long as such grant agreements: . i) do not include commitment of Airport revenues and funds for grant matches of more than $300,000 from appropriated funds included in the Approved Airport Budget; ii) do not involve capital construction projects unless such projects are included in the Approved Airport Budget; and iii) are approved by the City Managers, to the extent the City Managers are authorized by their respective City Councils to do so; K. Provide recommendations to the Cities regarding Airport policy issues. 3. That the name of the Airport throughout the IGA shall be Northern Colorado Regional Airport. 4. That except as amended by this First Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this First Amendment has been executed the day and year first above written. THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: Mayor 3 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney FIRST AMENDMENT TO TITE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT 4