HomeMy WebLinkAbout179-90 RESOLUTIONlnm]AFS ARMNSAS REGICN L AlRPCi 1 AIITHORPIY AcRuMarr
The counties and cities signatory hereto herewith create the Northwest Arkansas
Regional Airport Authority and constitute it a body corporate for the purposes
and under the terms herein stated pursuant to the authority of Act 17 of 1968
.(1st Ec. Sess.) ; Act 63 of 1970 (Ex. Sess.) ; Act 426 of 1973; Act 225 of 1975;
and Act 425 of 1981, all as codified in Ark. rode Ann. Section 14, Chapter 362.
ARITCLE 1 - Am EIRIZ ION
The parties to this agreement are the Cities of, Bentonville, Fayetteville,
Rogers, Siloam Springs, and Springdale, Arkansas, and the counties of Benton and
Washington. They agree to join cooperatively in establishing and providing for
the operation of the Northwest Arkansas Regional Airport Authority (the
Authority)..
ARTICLE 2 - DURATION
The Authority shall have a perpetual existence
ARTICLE 3 - ORGANIZATION
A. CONSTITUTION. The Authority shall be governed by a Board of Directors
consisting of 14 members appointed by the g6verning bodies of each of the
several parties upon nomination by the chief elected official of the
governing body and ratified by a majority vote of the legislative branch of
each such governing body, as follows:
City of Fayetteville
City:of Springdale
City of Bentonville
City of Rogers
2 Members
2 Members
2 Members
2 Members
City of Siloam Springs
Benton County
Washington County
2 Members
2 Members
2 Members
B. TERMS. The terms of the members shall be six (6) years; provided,
however, that the initial members of the Authority shall draw lots to provide
for staggered terms as follows:
TERM MEMBERS
6 Years 5
4 Years 5
2 Years 4
C. REMOVAL. A member of the Authority Board of Directors, once qualified,,
shall not be removed during his term except for cause by the governing body
which appointed said member and after a hearing before said governing body as
required by law.
D. QUALIFICATIONS. A member of the Board of Directors shall be a resident
and qualified elector of the jurisdiction whose governing body appointed the
member. An appointee shall be eligible for reappointment to succeed himself.
E. PAY •AND EXPENSES The members of the Board of Directors of the
Authority shall receive no salary or per -diem, but shall be entitled to
reimbursement of actual travel and out-of-pocket expenses incurred on behalf
of the Authority as authorized by the Board.
- 2
AKPICLE 4 - OFFICERS, MERMEN, AND RULES
A. 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.
B. MEETINGS. The Authority Board of Directors shall meet not less than
quarterly at dates, times and places to be established by the Board. All
meetings shall be open to the public as provided by Arkansas law. A meeting
may be called by the Secretary at the direction of the Chairman or upon the
directionof a majority of the members of the Board of the Authority.
C. RULES. Eight members shall constitute a quorum and no vacancy in the
membership of the Authority shall restrict the rights of a quorum to exercise
all the rights and privileges or the duties of the Authority. The Board of
the Authority may create such committees as it deems necessary for the proper
exercise of its functions. The Board of the Authority shall adopt rules for
the transaction of business, and shall keep a complete record of its
activities and business, which shall be a public record.
No member of the Board 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 5 - PURPOSES, E S MD DUTIES
A. PURPOSES. The purpose of the Authority shall be to construct, maintain,
and operate a regional airport or airports, 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
include, but not be limited to, any service or facility necessary or
desirable for the take -off, landing, parking, and storing of aircraft; the
transportation by air of persons or things; the repair and maintenance of
aircraft; the loading, unloading, or 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 afety;
the development of the industrial potential and service to the economic
interest of the trade area to be served by the Authority; and to ensure
participation of the Authority in 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. POWERS AND DUTIES. In addition to other pacers and duties elsewhere
conferred and imposed and acting through its duly constituted Board of
Directors, the Authority shall have all powers and duties conferred and
unposed by Act 17 of 1968 (1st. Ex. Sess.); Act 63 of 1970 (Ex. Sess.); Act
426 of 1973; Act 225 of 1975; Act 425 of 1981 and any future powers and
- 4 -
duties authorized or imposed by the Arkansas General Assembly applicable to
Regional Airport Authorities. In addition to the foregoing, the Authority
shall specifically have the following powers and duties:
1. TO make and adopt all necessary by-laws, rules, and
regulations for its organization and operations not inconsistent
with law;
2. To elect its own officers, to appoint connnittPes, and to
employ and fix the compensation for personnel necessary for its
operation;
3. To enter into contracts with any person, governmental
department, firm, or corporation, including both public and private
corporations, and generally to do any and all things necessary or
convenient for the purpocc of acquiring, equipping, constructing,
maintaining, improving, extending, financing, and operating a
public airport to best serve the region of Northwest Arkansas;
4. To delegate any authority given to it by law to any of its
officers, conmiittPPs, agents, or employees;
5. To apply for, receive, and use grants-in-aid, donations, and
contributions from any source, including but not limited to, the
federal government, or any agency thereof, and the State of
Arkansas, or any agency thereof, and to accept and use bequests,
devvians, gifts, and donations from any person, firm, or
corporation;
6. To acquire lands and hold title thereto in its own name;
7. To acquire, own, hold, lease as lessor or as 1pg, sell,
encumber, dispose of, or otherwise deal in and with any facilities
or real, personal, or mixed property, wherever located;
8. To borrow money .and execute and deliver negotiable notes,
mortgage bonds, other bonds, debentures, and other evidences of
indebtedness therefore, and give such security therefore as shall
be requisite, including giving a mortgage or deed of trust on its
airport properties and facilities in connection with the issuance
of mortgage bonds;
9. To "raise funds by the issuance and sale of revenue bonds in
the manner and according to the terms set forth in Arkansas law;
10. To expend its funds in the execution of the pacers and
authorities given herein or by law and to invest and reinvest any
of its funds pending need therefore;
11. To apply for, receive, and use loans, grants, donations,
technical aG.sistance, and contributions from any regional or area
commissions that may be established and any agency of the federal
government or the State of Arkansas;
12. To constitute the authority, or a committee thereof, as
improvement district commissioners, and to create and operate an
improvement district composed of the area encompassed within the
jurisdictions of the participating governing bodies, upon the
petition of persons claiming to be two-thirds (2/3) in value of the
•
•
owners of real property in the area, as shown by the last county
assessment. The improvement district shall be for the purpon of
financing the construction, reconstruction, or repair of the
regional airport and its facilities. The creation and operation of
an improvement district shall, to the extent consistent with this
chapter, be in accordance with the procedures established by the
laws of Arkansas for .the creation and operation of municipal
improvement districts;
13. TO enforce all rules, regulations, and statutes relating to
its airports, including airport zoning regulations. In this
connection, the Authority is empowered and authorized to exercise
the powers and privileges of the signatory parties under Ark. Code
::Ann....Section.14-363=201; et seq...and the Board of..Directors of the
:Authority_::isTdesignated by..;the: signatory parties as the zoning
board` for.tie.purposes andpowers undersuch provisions;
14. To levy and collect a tax on aviation fuel ;sold at an airport
or airports of the Authority as is provided for in Ark. Code Ann.
Section 14-364-101 and 14-364-102;
15. To plan, establish, develop; construct, enlarge, improve,
maintain, equip, operate, and regulate its airports and auxiliary
servires and facilities, and to establish minimum building codes
and .regulations and to protect and police the airports of the
Authority, in cooperation with the law enforcement agencies and
officers having jurisdiction in the area where the facilities of
the Authority are located;
•
16. To levy and collect a tax, in an amount not to exceed one
dollar ($1.00) per passenger, on the boarding or disembarking of
aircraft at the airport or airports of the Authority; provided,
however, in the event Arkansas law is amended subsequent to the
execution of this agreement to permit the levying and collection of
such a tax in an amount greater than $1.00 per passenger, the
Authority shall have the power to levy the full amount permitted by
Arkansas law then in effect. The tax shall be levied upon and
collected from the passengers boarding or disembarking from the
aircraft or the airlines operating the aircraft, and the authority
is empowered to make reasonable classifications of passengers for
such purpose; and
17. To take such other action, not inconsistent with law, as may
be necessary or desirable to carry out the powers and authorities
conferred by Arkansas law and the intent and purposes of it.
ARTICLE 6 - FTh NCING
The cost of planning and acquiring, establishing, developing,
constructing, enlarging, improving, or equipping an airport or airports or
facilities on the site thereof, including tuildings and other facilities may be
funded in any manner not inconsistent with the Arkansas Constitution or Arkansas
law, including but not limited to: The issuance of bonds, borrowing money,
allocation of other available funds from whatever source; formation of a two -
county improvement district, one or more municipal improvement districts within
the two -county area, or such other improvement district or districts as may now
r
or hereafter be authorized by law; revenues derived from the operation of the
airport or facilities; revenue from leases and contracts granting privileges for
the use .of the airport or facilities; revenue from contracts conferring the
privilege of supplying goods, commodities, services, or facilities at the
airport(s); revenue from aviation fuel taxes; and gifts and grants Financing of
operations and maintenance shall be from revenue from any and all of the
foregoing sources.
The final plan for financing and construction of the new improvements
contemplated by this agreement shall be in the form of a supplemental agreement
which shall be presented to the parties signatory hereto for approval and when
the same shall have been approved by all parties hereto shall become an addendum
to this agreement.
None of the signatories to this agreement has herewith obligated itself to expend
any funds nor has it authorized the uce of its bonding capacity.
ARTICLE VII - A NT
This agreement may be modified or amended in the same manner as this
agreement was adopted.
ARFICLE VIII - TERMINATION
This agreement shall continue in full force and effect subsequent to its
adoption by all signatory parties. After the initial financial commitment of the
Authority for construction of the airport, this agreement may not be terminated
by any party until the expiration of the period of any such financial commitment.
Any party desiring to terminate this 'agreement after the aforesaid period may
•
withdraw, providing that said party shall continue to be obligated to pay its
proportionate share of any long-term debt specifically authorized by the
signatory parties to this agreement and incurred by the Authority prior thereto,
if any.
In the event the Authority shall be dissolved or for any reason the Authority
shall rpace to function, the properties and assets of the Authority shall be
liquidated and distributed to the parties signatory hereto in direct proportion
to the funds contributed to the Authority by said parties, if any.
ARPICLE IX - COOPERATIVE AGREEMENT'
This agreement shall be treated as a cooperative agreement under the
provisions of the Interlocal Cooperation Act, Ark. Code Ann. Section 25-20-101 et
seq. and, further, shall be treated as a formal conpact pursuant to Ark. Code
Ann. Section 14-165-201 - 14-165-204 all to the end that the counties and
municipalities signatory hereto may contribute to the Authority funds derived
from general obligation bonds under the Arkansas Constitution, Amendments Number
13 and 49, from revenue bonds under Ark. Code Ann. Section 14-164-201 - 14-164-
206 and 14-164-208 -14-164-223 from other available sources, and they may
contribute funds derived from a combination of such sources should an individual
county or municipality signatory hereto, in the future, determine so to do.
ARTICLE X - GENDER
Any referenrns to gender made herein are intended to be neutral.
-10-
ARTICLE XI - SIRE AGREEMENT
•
This writing constitutpa the entire agreement between the parties. All
amendments or modifications hereto must be in writing.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
executed in their respective behalves on the signature date set forth belga:
•
ATTEST:
“44140-64
CITY OF FAYLTTEVILLE,/ARKANSAS BY:
DATE:
1 a- l 3- 90
ATTEST: DATE:
ziet/tv sy3/4,„
CITY OF ROGERS, ARKANSAS BY:
r
ATTEST: DATE:
-11-
Jo, (qfo
,�`/z�. lo, /97D
CITY OF SILOAM SPRINGS, ARKANSAS BY:
ATTEST: c--7
CITY OF SPRINGDALE,
•
``��Qonstim �ttt
ORATE a,�
,�, GO •�..o.••••••
• a 4i
*J sLDA ,*c
•O c e
".n ' Sp? • INGS : Q
.Z,
eel/. ile . i .
°
ARKANSAS BY: •aa.,� NTY, ..•`
Cit4) moo,
%/7
DATE:
ATTEST• DATE:
ATTEST:
84/4d,b
COUNTY OF WASHINGTON, ARKANSAS BY:
e7-("ta- ‘*--409-2
ATTEST:
—12—
/ -/y 96
DATE:
DATE:
•
JOHN R. ELROD
GEORGIA ELROD
DANIEL R. ELROD
•
Hon. Sherry Thomas
113 W. Mountain
Fayetteville, AR 72701
Hon. Steve Bertschy, _
117 W. Central
Bentonville, AR 72712
Hon. John Sampier
300 W. Poplar
Rogers, AR 72756
•
ELROD LAW FIRM .RUSSELL ELROD (1904.19B5)
123 SOUTH BROADWAY
POST OFFICE DRAWER 460
SILOAM SPRINGS, ARKANSAS 72761
501/524-8191
FAX 501-524-3550
FAYETTEVILLE CONFERENCE ROOM
McILROY PLAZA. SUITE 404
December 14, 1990 501/443.1516
Hon, Charles McKinney
201 Spring Street
Springdale, AR 72764
Hon: Bruce Rutherford
X100 Northeast A Street
Bentonville, AR 72712
Hon. Charles Johnson
2 North College Avenue
Fayetteville, AR 72701
Hon. M.L. VanPoucke
P.O. Box 80
Siloam Springs, AR 72761 -
Re:, Northwest Arkansas Regional Airport Authority'
Gentlemen and Sherry:
To each of you I enclose a fully executed copy of the Northwest Arkansas Regional
Airport Authority Agreement.
Best personal regards
JH/jh
Enclosure
cc: Uvalde Lindsey (W/Enc.)
Yours truly,
HANSON
Secretary to John R. Elrod
•
•
•
JOHN R. ELROD
GEORGIA ELROD
DANIEL R. ELROD
•
•
Hon. Sherry Thomas
113 W. Mountain
Fayetteville, AR 72701
Hon. Steve Bertschy
117 W. Central
Bentonville, AR 72712
Hon. John Sampier
300 W. Poplar
Rogers, AR 72756
ELROD LAW FIRM
123 SOUTH BROADWAY
POST OFFICE DRAWER 460
SILOAM SPRINGS. ARKANSAS 72761
501/5245191
FAX 501-524-3550
December 14, 1990
•
RUSSELL ELROD 0904-1985)
FAYETTEVILLE CONFERENCE ROOM
McILROY PLAZA. SUITE 404
501/443-1516
Hon. Charles McKinney
201 Spring Street
Springdale, AR 72764
Hon Bruce Rutherford
100 Northeast A Street
Bentonville, AR 72712
Hon. Charles Johnson
2 North College Avenue
Fayetteville, AR 72701
Hon. M.L. VanPoucke
P.O. Box 80
Siloam Springs, AR 72761
Re: Northwest Arkansas Regional Airport Authority •
Gentlemen and Sherry:
TO each of you I enclose a fully executed copy of the Northwest Arkansas Regional
Airport Authority Agreement.
Best personal regards
•
JH/jh
Enclosure
cc: Uvalde Lindsey (W/Enc.)
Yours truly,
HANSON
Secretary to John R. Elrod
•
RESOLUTION NO. 179-90
A RESOLUTION TO CREATE THE NORTHWEST ARKANSAS
REGIONAL AIRPORT AUTHORITY AND THE APPOINTMENT
OF TWO MEMBERS TO THE AUTHORITY'S BOARD OF
DIRECTORS REPRESENTING THE CITY OF
FAYETTEVILLE, ARKANSAS.
WHEREAS, Northwest Arkansas has experienced profound
population and economic growth during the past twenty. years, and
WHEREAS, such growth is projected to continue and potentially
accelerate over the next twenty years, and
WHEREAS, the City of Fayetteville desires to provide for its
citizens a safe, dependable and expanded system of air
transportation services for the movement of people and goods, and
WHEREAS, the future need of the citizenry for such services
can best be met by the cooperative development and operation a new
regional airport.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. The City of Fayetteville hereby agrees to join
cooperatively with the Cities of Bentonville, Rogers, Siloam
Springs, and Springdale and the Counties of Benton and Washington
in establishing and providing for the operation of the Northwest
Arkansas Regional Airport Authority, and to that effect, hereby
authorizes the Mayor and City Clerk to execute the Northwest
Arkansas Regional Airport Authority Agreement. A copy of the
agreement authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
AND BE IT RESOLVED THAT:
Section 2. The City of Fayetteville will appoint two
individuals as its representatives to the Board of Directors of the
Northwest Arkansas Regional Airport Authority.
PASSED AND APPROVED this 6th day of November , 1990.
.ATTEST: �,
APPROVED:
By:
Mayor