HomeMy WebLinkAbout1996-071-06/18/1996-FORT COLLINS-LOVELAND AIRPORT IGA JOINT OWNERSHIP RESOLUTION 96-71
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE JOINT
OWNERSHIP AND OPERATION OF THE FORT COLLINS-LOVELAND
MUNICIPAL AIRPORT
WHEREAS,the Cities of Fort Collins and Loveland jointly own and operate the Fort Collins-
Loveland Municipal Airport (Airport); and
WHEREAS, the Cities believe it to be in their best interests to continue to cooperate in the
operation and ownership of the Airport; and
WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes, the Cities are
authorized to contract with one another to provide for the joint exercise of any function, service or
facility lawfully authorized to each of the cities; and
WHEREAS, in January of 1994, the Fort Collins City Council adopted Resolution 94-9
approving the "Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland
Municipal Airport" dated December 21, 1993 (the "Current IGA"); and
WHEREAS, the term of the Current IGA has expired and it is therefore necessary for the
parties to enter into a new intergovernmental agreement concerning their joint ownership and
operation of the Fort Collins-Loveland Municipal Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Intergovernmental Agreement for the joint ownership and operation of the Fort
Collins-Loveland Municipal Airport, which is attached hereto as Exhibit "A" and incorporated
herein by reference, is hereby approved and the Mayor is hereby authorized to execute said
Agreement on behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the Coun ' the ity of Fort lins thi,18th
day of June, A.D. 1996.
Mayor
ATTEST:
City Clerk
Exhibit A
INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
THIS AGREEMENT is made and entered into this day of
1996, between THE CITY OF LOVELAND, COLORADO, a municipal
corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter collectively referred to as "Cities" .
W I T N E S S E T H :
WHEREAS, in 1963, the Cities agreed to the establishment of a
regional general aviation facility and became the owners and
operators of the Fort Collins-Loveland Municipal Airport
("Airport") more specifically described as follows:
Barnstorm First Addition to the City of Loveland, being
a portion of Sections 20, 21, 28, 29 and 33 , Township 6
North, Range 68 West of the 6th P.M. , County of Larimer,
State of Colorado.
Barnstorm Second Addition to the City of Loveland, being
a portion of Section 28 and Section 33 , Township 6 North,
Range 68 West of the 6th P.M. and a portion of Section 3
and Section 4 , Township 5 North, Range 68 West of the 6th
P.M. , County of Larimer, State of Colorado, and
WHEREAS, the Cities have heretofore entered into agreements
addressing the ownership, operation and maintenance of the Airport
dated July 3 , 1979, September 1, 1981 (amended by Addendum dated
December 19, 1989) , January 9, 1991 and December 21, 1993 ; and
WHEREAS, the Councils of the Cities have determined that the
operation and maintenance of the airport should be continued as a
joint venture between the Cities; 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 the Cities if such
contracts are approved by the City Councils of the Cities; and
WHEREAS, the purpose of this Intergovernmental Agreement is to
set forth fully the purposes, powers, rights, obligations and the
responsibilities, financial and otherwise, of the contracting
Cities.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1. Joint Airport Operation. The operation and maintenance of
the Fort Collins-Loveland Airport ("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. "Policy issues" shall include, but shall not be limited
to, the adoption of strategic and master airport agreements which
require the approval of the City Councils, airport agreements which
require execution by both City Managers, main airport agreements or
activities, the leasing of airport property, adoption of fees and
charges and the adoption or revision of Airport rules and
regulations. An Airport Steering Committee, consisting of the
Mayor of each City, the City Manager of each City, the Airport
Manager, and the Liaison, is hereby established for the purpose of
facilitating communication between the Cities and advising the
Councils of each City concerning Airport issues. Such issues shall
include but not be limited to general policy, budget, capital
improvement projects, and service planning.
2 . Facility Management. Management authority over airport
operation and commercial, industrial or other operations and
activities of any kind located on the Airport is vested jointly in
the City Managers of the two Cities.
3 . Liaison. Appointment and Duties. The City Managers of the
Cities shall appoint an employee of either City to serve as the
Cities ' liaison to oversee the operations of the airport and
supervise the appointed Airport Manager. The amount of staff time
necessary for the performance of these duties by a liaison shall be
estimated by the City Managers annually. The cost shall be shared
equally between the Cities.
4. Provision of Administrative Services. It is agreed that,
in addition to the liaison, the Cities shall provide Administrative
Services to the Airport Operations.
A. Such services shall include but shall not be limited to,
personnel, salary and benefits administration, legal
services, accounting, budget preparation assistance,
engineering, risk management, purchasing and other
similar administrative services;
B. The City providing such services shall be entitled to
recover, out of funds budgeted and appropriated for the
Airport, its reasonable expenses incurred. The
administrative charge shall be calculated in the same
manner as charges made by the providing City to its own
governmental enterprise funds;
C. The City Managers shall maintain Administrative
Guidelines which specify the duties and responsibilities
of each City and any method or methods by which one City
may enter into purchasing, consulting and other contracts
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pertaining to the Airport on behalf of both Cities. The
administrative Guidelines shall also specify, within the
limits as set forth in subparagraph (B) above, the
expenses which each City shall be entitled to recover for
specific services provided. The Administrative
Guidelines which have heretofore been developed are
attached hereto as Exhibit "A" and incorporated herein by
this reference. Modifications may be made to said
Administrative Guidelines by mutual agreement of the City
Managers in order to effect more efficient administration
of the Airport.
5. Airport Manager, Appointment and Duties. The City
Managers shall appoint an Airport Manager who shall serve at their
pleasure. The Airport Manager shall:
A. Subject to the direction of the City liaison, manage the
operations of the Airport in a safe and efficient manner
and maintain the grounds, structures and equipment in a
clean, orderly, safe and operational condition in
conformity with all applicable federal, state and local
laws, rules and regulations and other legal requirements;
B. Manage such operations in a manner which is compatible
with the interests of the Cities and the users of the
Airport;
C. Perform all duties normally associated with sound, safe,
innovative, prudent and efficient Airport management and
provide all services as are customary and usual to such
an operation, including, but not limited to, the
following:
i. Maintenance and Repair Services. Maintain and
repair (structurally and otherwise) in a good and
skillful manner, and enforce the obligations of any
tenant to maintain and repair in such manner:
a. all runways, ramps and taxiways, runway and
taxiway lights, markings and striping,
navigation aides not maintained by the FAA;
b. vehicles, equipment, machinery and tools as
provided by the Cities;
C. Airport grounds including, without limitation,
perimeter fences, parking lots, grass cutting
and removing or topping trees and shrubs where
and when necessary; and
d. all Airport buildings and structures,
including, without limitation, plumbing,
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electrical, sprinkler, heating and air
conditioning systems, apparatus and equipment.
ii. Aviation Support Functions. In a manner consistent
with sound Airport operating and safety practices,
perform or cause to be performed:
a. operation of the fuel farm with due regard for
the operational requirements of the suppliers
of petroleum products at the Airport;
b. operation of the ramp area adjacent to the
terminal for the benefit of the users thereof;
C. expeditious removal of snow and ice from all
runways, taxiways, ramps, parking lots and
access roads;
d. periodic visual checks to locate and remove
all foreign objects from all runways,
taxiways, ramps and aircraft parking areas.
iii. Negotiations with Third Parties.
a. In connection with the solicitation of
proposals and negotiation of such leases,
concessions and other agreements as may be
necessary or desirable for the proper
operation of the Airport in accordance with
federal, state and local laws, rules and
regulations, the Airport Manager shall prepare
specific programs and courses of action and
shall, on behalf of the Cities, implement such
programs and courses of action in conformity
with applicable law.
b. Administer and monitor all agreements with
Airport concessionaires, tenants and
construction contractors, see full and
complete compliance with the terms and
conditions contained in such agreements, and
endeavor to see that such agreements are
carried out in a manner which is consistent
with the proper operation of the Airport,
provide coordination to avoid or minimize
disruption of airport operations and services
and perform or cause to be performed all
obligations imposed on the Cities pursuant to
such agreements.
C. Subject to applicable procurement
requirements, procure such aviation and
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related services, equipment, materials and
supplies as may be necessary for the proper
operation and marketing of the Airport.
D. Prepare the Airport Annual Operating Budget and
five-year capital improvement budget in time to
submit said budgets through both Cities' annual
budget processes. The Annual operating Budget
shall itemize all anticipated revenues and
operating expenses and shall support such items of
revenue and expense with records and documents.
E. In conjunction with the Airport Operating Budget,
prepare an Annual Operating Plan which shall
include, but not be limited to: a maintenance and
repair schedule; a schedule of proposed Airport
fees, a list of all aviation and aviation-related
concessionaires, contractors and tenants; a
schedule of all leases, concessions, contracts and
agreements to be negotiated or renegotiated;
recommendations, if any, for revisions of the
Emergency Contingency Plan, Airport Rules and
Regulations, Noise Reduction Plan, Community
Information Plan and the Airport Security Plan;
recommendations, if any for non-capital equipment;
a five-year projection of anticipated revenues and
expenses based on a comparison with the previous
fiscal year and prepared with reference to other
relevant data; a schedule of proposed staffing
levels of full-time, part-time and seasonal
employees and any factors which may affect Airport
operation and management. Appropriate modification
of the Airport Operating Plan shall be made as
required to conform to the Airport Operating Budget
as adopted or amended.
F. Prepare and submit to the Cities a written five-
year Capital Budget for 1997 and each year
thereafter as may be necessary in accordance with
Paragraph 9 of this Agreement. Such Capital Budget
shall include, but not be limited to, an
appropriate construction schedule for each project;
a projection of the total and annual cost of each
project; evaluation of the availability of federal,
state or private financing options such as
build/own/operate/manage and turnkey, for each such
project on the Airport Master Plan and on Airport
operations, preliminary data to provide order of
magnitude cost estimates for each project; and a
statement of all major actions required to
implement each such project.
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G. Serve as a member of the management team of either
City or both Cities, at the direction of each
City's City Manager.
6. Airport Funding. Each City acknowledges that ongoing
funding for the proper maintenance and capital development of the
Airport will be necessary and each City agrees to review any
request for funds from the Airport Manager during its respective
Annual Budget process.
A. The Cities agree to continue the practice of sharing
equally in the revenues and expenses arising out of the
Airport operations. If financially feasible, each City
shall appropriate necessary funds for capital items,
i.e. , to maintain the facility, build additional
facilities, and match any Grants for AIP Projects funded
by the Federal Aviation Administration.
B. Financial contributions to the Annual Operating Budget
and the Capital Budget shall be shared equally between
the Cities, except that each party reserves the right to
invest additional funds in the Airport as it sees fit.
C. Improvements to the real property as well as any personal
property resulting from such single party investments
shall be and remain an asset of the investor. However,
single party investments shall have no effect of the
percentages of ownership in the Airport as presently
divided between the Cities.
D. Each City's equal share of the Annual Operating Budget
and the Capital Budget shall be appropriated by each City
and transferred or otherwise paid into the designated
account to be used for Airport funding on an annual basis
by the City providing finance and accounting
administrative services for the ensuing budget year.
E. It is understood and agreed that the City providing
finance and accounting administrative services for the
Airport may collect, hold, invest and disburse funds
belonging to the other City (whether such funds are
revenues from the Airport or financial contributions made
by such other City or other funds belonging to such other
City) only as an agent of such other City, and subject to
the general duties and responsibilities of an agency
relationship. Accordingly, the City providing such
services shall, with respect to such funds of the other
City, be under the control of the Financial Officer of
such other City and shall make monthly reports to such
Financial Officer, which reports shall contain a detailed
accounting of all such funds collected, held, invested
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and disbursed by the City providing such services for the
period of time covered by such report.
7 . Effective Date. This Agreement shall become effective
upon its execution by both parties.
8 . Effect Upon Prior Agreements. This Agreement shall:
A. extinguish and replace the intergovernmental agreements
entitled Joint Operating Agreement for the Fort Collins-
Loveland Municipal Airport dated July 3, 1979, and
entitled Intergovernmental Agreement for the Joint
Operation of the Fort Collins-Loveland Municipal Airport
dated January 9, 1991, Intergovernmental Agreement for
the joint operation of the Fort Collins-Loveland
Municipal Airport dated December 21, 1993; and
B. supplement the intergovernmental agreement dated
September 1, 1981, and its Addendum dated December 19,
1989 .
C. not abrogate or otherwise nullify the terms and
conditions of the Intergovernmental Agreement dated June
19, 1992 concerning the Airport fire station, which
agreement shall be considered an amendment to the
provisions of this Agreement should the provisions
conflict.
9 . Term, Modifications, Extensions. This Agreement shall
remain in full force and effect until December 31, 1997, unless
earlier terminated by mutual written agreement of the parties
hereto. This Agreement may be modified only by the written
agreement of the parties hereto. This Agreement may be extended
(a) by written agreement of the parties or (b) automatically for a
one year period by virtue of each City, in its respective annual
budget, having appropriated funds to support the annual operating
budget for the Airport for the ensuing budget year in accordance
with the provisions of Paragraph 6 of this Agreement.
10 . Indemnity. To the extent authorized by law, each party
shall indemnify, save and hold harmless the other party, its
boards, employees, officers and agents, against any and all claims,
damages, liability and court awards, including costs, expenses and
attorney' s fees, incurred as a result of any act or omission by
that party or its officers, agents, employees, subcontractors
pursuant to the terms of this Agreement.
11. Ownership of Land and Facilities. Except for single City
purchases which shall become vested in the purchasing City in
accordance with the provisions of Paragraph 6, ownership of the
real personal property, buildings, structures and facilities
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located on the Airport shall be divided according to the date of
acquisition as follows:
A. Real property, improvements and personal property
acquired prior to July 3 , 1979, as described on Exhibits
"B" and "C" attached hereto and made a part hereof, or as
established by extrinsic evidence shall be deemed to be
vested in both Cities according to the following
proportions:
1. An undivided one-third (1/3) interest to the City
of Loveland; and
2 . An undivided two-thirds (2/3) interest to the City
of Fort Collins.
B. Real property, improvements and personal property
acquired on or after July 3 , 1979 as well as any
appreciation in value accruing to such properties or the
properties described in Paragraph "A" above, shall be
deemed to be vested in both Cities according to the
following proportions:
1. An undivided one-half (1/2) interest to the City of
Loveland; and
2 . An undivided one-half (1/2) interest to the City of
Fort Collins.
C. In the event either party does not pay its one-half (1/2)
share of agreed expenses in any given year, such City
shall relinquish in each such year in which it shall fail
to apply such expenses, all right, title and interest in
and ten percent (10%) of its total ownership interest in
real and personal property at the Airport and shall
convey the same to the other City.
12 . Non-liability of Individuals. No officer, agent or
employee of either party hereto shall be charged personally or held
contractually liable by or to the other party under any term or
provision of this Agreement or of any supplement, modification or
amendment to this Agreement because of any breach thereof, or
because of his, her or their execution or attempted execution of
the same.
13 . Benefits. This Agreement is made for the sole and
exclusive benefit of the Cities, their successors and assigns, and
is not made for the benefit of any third party.
14 . Relationship of Parties. The parties enter into this
Agreement as separate, independent governmental entities and
maintain such status throughout.
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15. No Assignment. The parties covenant and agree that they
will not assign this Agreement, any interest or part thereof or any
right or privilege pertinent thereto, without written consent of
the other party first having been obtained.
16. Entire Agreement/Ambiguities. This Agreement embodies
the entire agreement of the parties. The parties shall not be
bound by or be liable for any statement, representation, promise,
inducement or understanding of any kind or nature not set forth
herein. No changes, amendments or modifications of any of the
terms or conditions of this Agreement shall be valid unless reduced
to writing and executed by both parties. In the event of any
ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such
party did or did not author the same.
17 . Applicable Law, Severability, Arbitration. The laws of
the State of Colorado shall be applied in the interpretation,
execution and enforcement of this Agreement. Any provision
rendered null and void by operation of law shall not invalidate the
remainder of this Agreement to the extent that this Agreement is
capable of execution. The parties agree to submit any dispute over
the interpretation or application of this Agreement to final and
binding arbitration with the Judicial Arbiter Group of Denver,
Colorado. The cost of arbitration shall be borne equally by the
parties unless the arbitrator shall find that a claim or defense is
frivolous and without reasonable justification.
IN WITNESS HEREOF, this Intergovernmental Agreement has been
executed that day and year first above written.
THE CITY OF LOVELAND, COLORADO
A Municipal Corporation
By:
Mayor
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
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Loveland City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Fort Collins City Attorney
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