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Home My WebLink About61-13 RESOLUTIONRESOLUTION NO.61-13 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE LEGAL ACTION IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, OR SUCH OTHER VENUE AS DEEMED LEGALLY APPROPRIATE, IN COORDINATION WITH OTHER AIRPORTS THROUGHOUT THE NATION, TO OBTAIN REVIEW AND POSSIBLE REVERSAL OF THE DECISION OF THE FEDERAL AVIATION ADMINISTRATION TO CLOSE THE AIRPORT CONTROL TOWER AT DRAKE FIELD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to take legal action in the United States Court of Appeals for the District of Columbia Circuit or such other venue as deemed legally appropriate, in coordination with other airports throughout the nation, to obtain review and possible reversal of the decision of the Federal Aviation Administration to close the airport control tower at Drake Field. PASSED and APPROVED this 2nd day of April, 2013 APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer =�\� G\T Y 0;° ;G�J o FAYE7TEVILLE. � P5 .•� g kA N �e . ti Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/2/2013 City Council Meeting Date Agenda Items Only Aviation Division Transportation Department Action Kequirea: i Required: A resolution to approve filing by the City Attorney to file a Request for Stay or other legal action to closure of the Air Traffic Control Tower at Drake Field $ 1,000.00 Cost of this request 5550.3940.5314.00 Account Number $ 184,835.00 Category / Project Budget $ 3,917.00 Funds Used to Date $ 180,918.00 Serv/Chrgs Program Category / Project Name Professional Sery Program / Project Category Name Airport Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached t Previous Ordinance or Resolution # Department Dire r Date Original Contract Date: / �,� I'Z' �-3 Original Contract Number: i v Attorney Date Finance and Internal Services Director Date -j.l Date 9(/-2/Z-? to Comments: Received in Qt�- 0 2- 13 P G 3: 0 Clerk's Office Received in Mayor's Office Revised January 15, 2009 City Council Meeting of: April 2, 2013 Agenda Item Number: aye i [evil AVIATION DIVISION A R K A N S A S FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: Terry Gulley, Transportation FROM: Ray M. Boudreaux, Aviation DATE: April 2, 2013 SUBJECT: Approve filing, by the City Attorney, with the U. S Court of Appeals, DC Circuit asking for a stay of action to withdraw funding for the Drake Field Aircraft Control Tower. RECOMMENDATION: Direct the City Attorney to file a request for stay or other legal action to delay the closure of the Air Traffic Control Tower at Drake Filed with the U. S. Court of Appeals, Washington DC Circuit. BACKGROUND: The FAA has taken steps to close the Air Traffic Control Tower at the Airport due to the sequestration. This action may not result in keeping the tower open but will demonstrate our resolve to have a tower at Drake Field in the interest of Flight Safety for our citizens and visitors. BUDGET IMPACT: Initial cost for registration with the court is $226.00. This action requests a total of $1,000.00 to cover any fees and charges associated with the action. Attachments: Staff Review Memo From City Attorney Safety Implications from Razorback Approach Control 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 .479.718.7646 FAX • www.accessfayefteville.org/governmentlaviation airport—economic—development@ci.fayefteville.ar.us RKANSA Departmental Correspondence MEMORANDUM TO: LIONELD JORDAN, MAYOR DON MARK, CHIEF OF STAFF TERRY GULLEY, TRANSPORTATION DIRECTOR RAY BOUDREAUX, AIRPORT MANAGER Kit Wllliatns City Attorney Jason B. Kelley Assistant City Attorney THROUGH: KIT WILLIAMS, CITY ATTORNEY FROM: JASON KELLEY, ASSISTANT CITY ATTORNEY DATE: MARCH 28, 2013 RE: AUTHORIZATION FOR LEGAL ACTION REGARDING AIRPORT TOWER CLOSURE Attached is a draft resolution we will need adopted by the Council and approved by the Mayor if our office is to proceed with legal action addressing the announced closure of our airport tower operations in response to federal budget sequestration cuts recently implemented by the FAA. At this time, it is anticipated that the best course for the City would be to move to intervene in a pending case in the U.S. Court of Appeals for the D.C. Circuit in Washington, whereby the City of Spokane and several other affected airports across the country have filed a Petition to Review the FAA's administrative action in ordering the closure of the towers. In summary, the legal allegation is that FAA must cross certain procedural hurdles before closure of the towers which, the parties allege, have not been met. There is no guarantee of success in this strategy, but this is the best legal course if the City is to have any opportunity to keep its tower open at this time. It is possible the D.C. Circuit Court of Appeals may grant a stay of the FAA's decision, meaning the towers would remain open during the pendency of the case, but no longer than sixty (60) days from the date of issuance of the stay. A congressional remedy to this matter in the interim may obviate the need for the litigation all together and resolve the issue. It appears the odds of any such remedy are remote, as of the date of this writing. The decision to proceed in this litigation is an administrative one. If it is your desire to proceed with this course, we recommend approval of the attached draft resolution in short order, as the announced closure of the airport tower is April 7, 2013. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE LEGAL ACTION IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, OR SUCH OTHER VENUE AS DEEMED LEGALLY APPROPRIATE, IN COORDINATION WITH OTHER AIRPORTS THROUGHOUT THE NATION, TO OBTAIN REVIEW AND POSSIBLE REVERSAL OF THE DECISION OF THE FEDERAL AVIATION ADMINISTRATION TO CLOSE THE AIRPORT CONTROL TOWER AT DRAKE FIELD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to take legal action in the United States Court of Appeals for the District of Columbia Circuit or such other venue as deemed legally appropriate, in coordination with other airports throughout the nation, to obtain review and possible reversal of the decision of the Federal Aviation Administration to close the airport control tower at Drake Field. PASSED and APPROVED this APPROVED: LIONELD JORDAN, Mayor day of , 2013. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Fayetteville / Drake Field (FYV) AirAorts in close Uroximity to KFYV KASG - Springdale Municipal Airport (I I nm N) KXNA - Northwest Arkansas Regional Airport (18 nm N) KSLG — Siloam Springs Airport (19 nm NW) KVBT - Bentonville Municipal Airport (21 nm N) H34 - Huntsville Municipal Airport (21 nm E) The proximity of FYV adds to the complexity of the Northwest Arkansas airspace. The positive control that the controllers at FYV provide is vital to the safety of the airspace in the Northwest Arkansas area. Total operations at FYV for 2012 Total Operations for 2012 was 36,117. FYV has 1 runway (Ry16/34) and is in close proximity to mountainous terrain. FYV has approximately 96 aircraft based at the airport. The University of Arkansas aviation department is based at FYV and is the primary destination for all aircraft that fly in to see the University of Arkansas sporting events. NeLyative imaact of FYV beine closed The closing of Fayetteville Air Traffic Control Tower (FYV) would be detrimental to the national airspace system. Fayetteville Airport is located in close proximity to several other controlled airports and air traffic services is essential for the safe and efficient operations in Northwest Arkansas. Located in FYV's airspace is the Razorback's Donald W. Reynolds stadium where the NCAA Division 1 games are played. When these games are being played FYV Air Traffic Control Tower is responsible for helping to enforce the temporary flight restrictions (TFR) associated with these events. Also with the sizeable influx of traffic on game days it is going to be near impossible to work aircraft into the airport with the same level of safety and efficiency that exists today. There is a very unique LDA approach to Runway 34 at FYV that communication between the Razorback Approach controllers and FYV Tower controllers is needed to be able to run efficiently. There are 2 flight schools at FYV as well corporate and university aviation departments. Charter flights from visiting universities also utilize the FYV airport, as it is the closet airport to the university. With the equipment that is installed at FYV concerning the ILS approach system it is necessary to have controllers in the tower to switch the direction of the ILS approach to the runway that the weather mandates. With the absence of the ability to select the runway, pilots could be forced to fly either an approach to a runway that is less safe because of wind or terrain obstructions or go to another airport in the area. The increased workload of providing clearances on the ground from a approach controller is also going to delay flights out of FYV as well as cause attention to be diverted from other duties that are provide by the approach controllers. The "One in One out" rule is going to also cause either delays getting in and out of the airport or cause aircraft to choose to go to another airport in the Northwest Arkansas area.