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HomeMy WebLinkAbout11-68 RESOLUTIONRESOLUTION NO. II- (O WHEREAS, the Cities of Fayetteville, Springdale, Rogers, Siloam Springs and Bentonville, and the Counties of Benton and Washing- ton have heretofore entered into an Agreement dated -Match .12 , 1968, providing for the creation and establishment of the Northwest Arkansas Regional Airport Authority, and WHEREAS, said Agreement as initially conceived was drafted under the provisions of Act 430 of 1967, the Interlocal Cooperation Act, and thereafter several of the signatory parties approved and executed said Agreement; however, prior to the time that the remaining signa- tory parties approved the Agreement on March 12 ,, 1968, the General Assembly enacted in the 1968 First Session, Act 17, The Regional Airport Act, and WHEREAS, it is the desire of the signatory parties of said Agreement to assure that the Northwest Arkansas Regional Airport Autho- rity, a public body, corporate, is created and operating under and by virtue of the provisions of the Regional Airport Act, so as to enjoy the benefits conferred by said Act, as well as the provisions of Act 430 of 1967 and the other acts and laws referred to in said Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the Agreement of March :12 , 1968, creating the Northwest Arkansas Regional Airport Authority be and the same is hereby amended in accordance with the provisions of the "First Amend- ment to Northwest Arkansas Regional Airport Ai Bement" (a copy of which is attached hereto), and the Mayor and City°5dhereby authorized and directed to execute said amendment in behalf of the City of Fayetteville, Arkansas. SECTION 2. That all other terms of the Agreement shall re- main the same. PASSED AND APPROVED THIS f day of ATTEST: GEORGE / D 'IIS , CITY CLERK APPROVED: , 1968. DON TRUMBO, MAYOR • • • GRE EMENT 03E04- wa The parties signatory hereto do hereby create the , NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY and constitute4. it a body corporate for the purposes and under the terms here- in stated, by authority of Act 430 of the Arkansas General Assembly of 1967. ARTICLE I. AUTHORIZATION The parties to this agreement are the cities of .Fayetteville, Springdale, Rogers, Siloam Springs, and Bentonville and the counties of.Benton and Washington, and they agree to join cooperatively in establishing and providing for the opera- tion of the Northwest Arkansas Regional Airport Authority (here- in called "the Authority"). ARTICLE II. DURATION The duration of the Authority shall be perpetual. ARTICLE III.' .ORGANIZATION CONSTITUTION. The Authority shall consist of twelve members appointed by tbe governing bodies of the several parties follows: City'of Fayetteville 3 members City,of Springdale 2 members Benton County . 2 members Washington County 2 tembers City of Bentonville 1 member • City of Rogers • • 1 member City of Siloam Springs" 1 member .. At ,. to • • • t u1.,a II_ • • provided, TERMS. The terms however, that the 1ti.$)`:vprokrAi of the members shall be six \6) years initial members of the Authority shall draw lots to provide for staggered terms as follows: • TERM 6 Years 5 Years 4 Years 3 Years 2 Years 1 Year • MEMBERS 2" 2 ,2 2 2 2 • REMOVAL. A memberof the Authority once qualified shal not be removed during his appointment except for cause and after a hearing before the governing body by which he was appointed. AND QotoriE QUALIFICATIONS. An appointee shall be a resident of the A jurisdiction whose governing body appointed him. PAY AND EXPENSES The members of the Authority shall receive no salary as members or officers, but shall be entitl- ed to reimbursement of travel and other out-of-pocket expenses incurred on behalf of the Authority and authorized by the,Authorit ARTICLE. IV. • OFFICERS, MEETINGS AND RULES OFFICERS. At its organizational meeting and at the, first regular meeting of each fiscal year, the Authority shall. elect one of its members as Chairman, one as Vice -Chairman, one as Secretary, and one as Treasurer. The offices of Secretary and Treasurer may be held by one person at the discretion of the Authority. These officers shall compose the Executive Committee of the Authority. MEETINGS. The Authority shall meet not less than ELFt?ot quarterly at dates, times, and places to.be established by the Authority. All meetings shall be open to the public as provided. by State .law. Meetings may be called by the Secretary at the . direction of the Chairman,. or at. the direction of a majority of the Authority. #RULES. Seven (7) members shall constitute a quorum` and no vacancy in the membership of the Authority shall restrict • • r k r :-1 • • �•a J}�• • tr J., the rights of a quorum to exercise all then, rights and privileges` or the duties of the Authority. The Authority may create such committees as it deems necessary for the proper exercise of I its functions.The Authority shall adopt rules for the transac- tion of business, and shall keep a complete record of its activities and business, which shall be a public record. No member of the Authority or any officer, employee or agent of the Authority shall have a personal interest in any business of the Authority or in any contract With the Authority, or in any property or other assets in which the Authority is interested. No person shall be employed by the'•Authority who • is related to(a member or officer of the Authority by blood or marriage,within the fourth degree.. For purposes of this provision, any corporation or other business in which a person has a substantial interest shall be prohibited from doing business with the Authority if the owner of the substantial interest would have been so prohibited. ARTICLE V. ; PURPOSES, POWERS AND DUTIES A. The purposes of the Authority shall be to construct, sown, maintain, and operate a regional airport,'and-such auxiliary services and facilities as may be deemed desirable from time to time by the Board of Directors of the Authority. "Auxiliary 'services and facilities".shall mean,any service or facility necessary or desirable for the take -off, landing, parking, and storing of aircraft; the transportation by airof persons and things; the repair and maintenance of aircraft;'the loading, un- • loading, handling and storing of goods, commodities, cargo, and other property; the ground transportation to, on and from the • airport or airports of the Authority;' the promotion of air 'safety; the developmentiof the industrial potential and services to the -3- • • • r V • • • • r • ti 1 • • • i • 4 f • • • • • • • • • economic interests of the trade area to be served by the Authority; -and to insure participation of this Authority in national programs of air transportation. Such services and facilities may be located on the property of the Authority or by arrangement'at any other location. B. .The Board of Directors oftheAuthority shall prepare annually and submit to the governing bodies of the signatory parties, for their approval, a budget showing the estimated revenues which the Authority may reasonably expect to receive for such year, and-its•estimated expenses for all, purposes for such period; After approval of such budget by • • the signatories to this agreement, the Authority shall be limit- ed in its expenditures for such year to the estimated expenses shown therein,' and shall not commit the participating sig- natories beyond appropriations actually made. .If the estimated. expenditures exceed the estimated revenue from the operation of• the Authority for such year, the governing bodies of the sig- natories shall' appropriate in the proportions in which they . are financially interested in the operations of the Authority the funds necessary to supply the deficiency. If the actual revenue received shall be less than the estimated revenue as approved in the budget; the governing bodies of the participat-7 ing signatories may appropriate in the same manner the funds necessary to supply the deficiency. If the Authority does not, • seek any appropriations from the signatories for calendar year, then the Authority shall not be required to submit a budget for such year to the signatory parties for their approval, butt shall make an annual financial report in lieu thereof. The. ' Authority may expend any and all funds received from the sig - •4 *I: '111:,.,1'*-4St to .r N..' • • • 1. ▪ t • • • • • 4 f 1 P:)py . 1- • • 4 , • • J • ,; a 4 • 'i. er • natory parties and ,any and -all revenues derived from the•air:• port or derived from revenue producing operations of the Authoritywithout obtaining approval of the signatory parties beyond appropriations actually made by the governing bodies n0 of said signatories.' In any year in which la budget is required to be submitted to the governing bodies of the signatories, the. Authority shall submit such.budget at such time as will allow ' • the normal budgeting processes of the signatory parties to in- clude appropriation to the budget of the Authority. ' C: The Authority, acting through its duly constituted Board of Directors; in addition to other powers and duties elsewhere conferred and imposed, shall have the following. powers and duties, to -wit: • • • • •1. .To sue and be sued; to adopt a seal and ' V.4 alter the same at will; to have perpetual succession;' and to make and execute contracts.and other instruments and documents necessary or convenient to the exercise of its powers. • k2. To employ an airport manager and such other • employees, agents, and technical experts as the Board may deem necessary and to•fix compensation, duties and f qualifications of same. • 3. To,plan, establish:, develop, construct, en- large, improve; maintain, equip, .operate and regulate its, airport or airports and auxiliary services and facilities, and to•establish minimum building codes and regulations,; • me and to protect and police the airport or airports of the Authority. 4: To accept gifts and grants from any individual(s),group(s),' the State *Of Arkansas, or any; • politicallsubdivision thereof, or from the:United States or any of its agencies. • • • • • • • • • • ,, • sob • • 5. l'. To purchase, lease property, supplies,, goods, and and • 4.. and sell real or personal .1 materials, and to furnish • supply services and utilities as an incident to the operation of its•properties. 6. To construct, install, maintain and operate, facilities for air navigation, air safety, servicing of aircraft,, and for the accommodation of cargo, freight, mail and other property, and to purchase and to the operation of and for'the comfort of air travelers, sell equipment and supplies'incidental its airport facilities. 7. .To 'determine rates -and charges for the use of its airports and other: facilities.': 8. To enforce all rules, regulations and statutes relating Ito its airports, including airport zoning regulations, and in this connection the Authority is here- by empowered and authorized to exercise the powers and • privileges of the signatory parties under Act 116 of 19+1, and the Board of. Directors of,the Authority is here- by.designated by the signatory parties as the zoning board for the purposes and powers under said Act. 9, To exercise within its air trade area such powers and authority with respect to airports and air navigation facilities as may be conferred by law now or hereafter, from time to time upon the governing bodies of the signatories of this agreement, and in this connection' to have the power to exercise on behalf of the signatories the right of eminent domain under Act 39 of 191+5 and Act'"{. • 188 of 1963. • • 10'. To engage directly or through its agents or eth- ployees, in the operation for. profit, of concessions in • • •. 6 • • • • • • connection with' the airport,or•other facilities, including . the sale of airplanes and aircraft.fuel, orto,grant such privileges and concessions to others. 11. To comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal money in connection with airports, landing fields, and air navigatiofl facilities, and to accept, receive, and receipt for federal • money granted the Authority or. granted any of the parties signatoryto this agreement for airport purposes.. 12. To enter into.contracts, leases and other arrangements with any persons granting the privilege of using the airport or any portion thereof or space therein for commercial purposes; conferring the privileges of supply- ing goods, commodities, things, services or facilities at such airport or making available services to be furnished .by the Authority or its agents at such airport. 13.f To borrow money arid to issue bonds, notes, hoee certificates or other evidence Authority. and to contract with of indebtedness of the any person, firm, or corporation for the planning supervision, financing and construction of all structures•or improvements which in the judgment of the Board of Directors are useful, desirable or convenient inefficiently operating the airport and auxiliary services thereto..- 14s. hereto. 14s. To constitute the Board or any committee,thereof improvement district commissioners. 15. To promulgate,adopt and enforce appropriate height ,regulations based upon FAA requirements to prevent' as • • • • • • • • • hazards and obstructions which may interfere with the landing or take, -off of aircraft within the'authority, and contiguous areas within the jurisdiction of the signatories. • 16.,To receive from any parties signatory any airport,. landing field, or other facilities, and there- after to operate and maintain same, upon such terms, conditions, and consideration as may be mutually agreed' upon between such parties signatory andthe Authority, and in. connection therewith to assume obligations of such parties signatory in Connection with such airport, landing field or other facility togthird parties as may be mutually— agreed utuallyagreed upon by the parties. signatory and the Authority; 17.• To exercise all other powers or duties not a, 4 ,expressly provided herein, but. permitted, by the laws of the State of Arkansas, and necessary or desirable to accomplish '.the purposes of the Authority.'. 18. �To"employ an attorney to represent the Authority. • ARTICLE VI." FINANCING' The cost of planning and acquiring, establishing, 'developing, Constructing, enlarging, improving, or equipping an airport or airports or facilitiesron the site thereof, including. • buildings and other facilities incidental to the operation L. thereof, and the acquisition or elimination of airport hazards, may be funded in any manner not inconsistent with the Arkansas'. Constitution and in adcordance:with laws enacted thereunder, including but not limited to the issuance of bonds, borrowing money, allocations of other available funds from the municipal-' sties and counties signatory hereto, formation of a two -county 4 • • • • • " 9 r. • Ijk • • • • • • • 4 • improvement district, revenue derivedfrom the operation of revenue from leases and.'contrabts. of the airport and facilities,. conferring: the privilege of supply- airport(s) and facilities, granting privileges of use revenue from the contracts • ting goods, commodities, services or facilities at the airports,, • revenues from aviation' gasoline -taxes, gifts and grants. Financing of•operations and maintenance shall be from revenues 'from any and all.bf,the foregoing sources except bond.issues., • ARTICLE VII. AMENDMENT This agreement may be modified or amended in the same manner as' this agreement was adopted. a • • -ARTICLE VIII. TERMINATION • • • This agreement shall continue.in full force and effect J and may not be'terminated by any party hereto during the period 'of any financial commitment of the Authority for construction of the airport: Any party desiring to terminate this agree- ment after aforesaid period may withdraw, providing that said party shall continue to be obligated to pay its proportionate . share. of any long-term debt incurred by the Authority prior' • thereto. If the Authority shall be dissolved or for any reason, - the Authority shall 'cease to function, the properties and assets of the Authority shall be liquidated' and distributed in an equitable manner to the municipalities and counties. remaining parties hereto at that time. ,IN WITNESS WHEREOF, the parties hereto have caused' • • • • • • • • •