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HomeMy WebLinkAbout068 - 06/07/2016 - AMENDING VARIOUS SECTIONS OF CITY CODE RELATING TO THE DELEGATION OF AUTHORITY TO THE NORTHERN COLOR (2)ORDINANCE NO. 068, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS SECTIONS OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE DELEGATION OF AUTHORITY TO THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION AND CHANGE OF THE NAME OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT TO THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the cities of Fort Collins and Loveland ("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 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, 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 1 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 (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, with its adoption of Ordinance 067, 2016, the City Council approved the First Amendment to the IGA 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 WHEREAS, with the adoption of Ordinance 067, 2016, the City Council also ratified and affirmed approval of the IGA and creation of the Commission as set forth therein pursuant to the provisions of Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions; and 4- 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; and WHEREAS, the Council desires to amend the City Code to enable the delegation of powers to the Commission as set forth in the First Amendment and to make other conforming changes. 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 the definition of"Airport" contained in Section 7.5-90 of the Code of the City of Fort Collins is hereby amended to read as follows: Airport shall mean the area of the Northern Colorado Regional Airport. Section 3. That Subsection Section 7.5-91(a) of the Code of the City of Fort Collins is hereby amended to read as follows: 1) The City, together with the City of Loveland, owns and controls that certain Airport and air navigation facility located in Larimer County, State of Colorado, and known as the Northern Colorado Regional Airport (the "Airport"). Section 4. That Subsection 23-113(b) of the Code of the City of Fort Collins is hereby amended to read as follows: b) Interests in other real property owned in the name of the City may be leased subject to the following provisions: 1) The City Council may lease any and all interests in real property owned in the name of the City if the City Council first finds that the lease -is in the best interests of the City. Such leases may be approved by the City Council by resolution unless the proposed term of the lease exceeds twenty (20) years, in which event the lease must be approved by the City Council by ordinance. 2) The City Manager may lease, for a definite term of five (5) years or less, any interests in real property owned in the name of the City. This five-year limitation shall not apply to the lease of real property located at the Northern Colorado Regional Airport. 2 3) The Northern Colorado Regional Airport Commission may, on behalf of and is the name of the City and the City of Loveland, as co-owners and operators of the Northern Colorado Regional Airport, lease an interest in real property Airport subject to the following requirements: a) All leases of Airport property shall be in a form generally approved by the City Manager and the City Attorney; b) The use to which the real property is to be put under the lease is an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use; c) The use to which the real property is to be put is permitted by any land use or zoning codes or regulations applicable to the real property; and d) The lease and the use to which the real property is to be put are in compliance with all Federal Aviation Administration and state laws, regulations and agreements applicable to the property to be leased; e) The total term of the lease, including all options to extend, shall not exceed fifty years; and f) Any direct monetary obligations created by the lease are within the approved Airport budget and appropriations. 4) The City Manager shall promptly notify the City Council of the execution of any lease agreement entered into by the City pursuant to Paragraph (2) above. 5) The Northern Colorado Regional Airport Commission shall notify the City Council of the execution of any lease agreement entered into by the Commission on behalf of the Cities pursuant to Subsection (3) above. 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 7th day of June, A.D. 2016. Ln AL Mayor ATTEST: CoioRiao° City Clerk 3- l Passed and adopted on final reading on this 7th day of June, A.D. 2016. 0FfoRrca y Mayor P TernTe SEAL : N ATTEST: c•.......•o City Clerk r 4-