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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT. --
MADE BY: Pat Tinley
MEETING DATE: October 14.2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: COUnty Judg__ i -
TIME PREFERRED:
Consider and discuss rescission of Commissioners Court Order #17103 dated February 9, 1987 relating
to the status of the Kerrville-Kerr County Joint Airport Board.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
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Memorandum `=-~"
To: Commissioner Williams
From: David Motley
Subject: Airport Board court order abatement or revocation
Date: October 1, 2003
In response to your September 26, 2003 memorandum, perhaps I missed something at the
last Commissioners' Court meeting. I thought it was the consensus of the Court that they
would meet with, at least, our airport board members and advise them of our position
regarding their authority. Following this meeting, I thought the Court had already decided
to proceed to rescind the February 9, 1987 court order (17103) approving a resolution
affirming the status of the Kerrville-Kerr County Joint Airport Board as an advisory
board only. The City of Kerrville did the same in Ordinance 87-03 on February 10, 1987.
I find no authority requiring such a rescission but I would recommend it in order to
clearly indicate the Courts' position to current and future generations.
DM/s
cc: /ludge Tinley
Commissioner Baldwin
Commissioner Letz
Commissioner Nicholson
Court Administrator
....~ ~ ri a^.+a~ a .+. +.+ v.~a1 i .ia a as v KRR IAAJ(V 1 T t" lut n j
. •' _
GRDEA N0. 17103
i
RESOLUTIOtd AFFIR.uI2~0 STATJS GF THE }.'ERRVILLE-KERR COUNTY
JOINT AIRPORT BOARD
On this the 9th day of February 1987, upon motion wade by
Ccmx~issioner Ray, seconded by Cor„miagioner aaldain,, the
Court unanir,~c~:siy approved a Resolution affirming that the
6tntua of the KBR~VI?,LE'-KERB COU?3TY JOIZ~T AIRPORT BOARD is
are advisory board only, and has no authority acting alone
to lease, contract, convey, or sell land, and that arty prior
authority to the contrary is hereby revoked.
Passed and approved by the Conmiarioners' Court ~of ~]terr
County, Texas this the 9th day of February 87.
~!~~~
County fudge, Kerr County, Texas


Memorandum
September 26, 2003
To: David Motley, County Attorney
From: William H. Williams, Commissioner, Pct. 2
Subject: Kerr County-Kerrville Joint Airport Boazd Authority
Eazlier this yeaz, during discussions regazding a new lease agreement between Joseph L.
Kennedy Enterprises, Ltd., (d.b.a. Kerrville Aviation) and the record owners of the
airport, i.e., Kerr County and the City of Kerrville, a question was raised as to whether or
not any such lease agreement was subject to the competitive bidding process (Tex. Loc.
Govt. Code Chapter 263). It was determined that competitive bidding was not required,
and the lease was approved by Commissioners Court and signed by the County Judge.
Subsequently, County Judge Tinley did some reseazch on the matter of airport
governance. His research of county and city records dating back as far as 1967 revealed
that an Airport Authority was actually approved by the voters of Kerr County after the
State Legislature enabled such an entity to be created. The affirmative vote of the May
16`h, 1970 referendum was canvassed by Commissioners Court on May 22, 1970, and
entered into the records of Kerr County, Vol. N, Page 156, copy attached.
Prior to the election, (Feb. 1970), both the City of Kerrville and Kerr County appointed a
Joint Airport Boazd. Ken County approved the joint authority in Court Order No. 11087,
dated February 25, 1970. The members were nominated in March, 1970, and approved
by Kerr County Commissioners Court on Mazch 13, 1970 in Court Order 11101.
T'he original Texas Municipal Airport Act has subsequently been replaced by Chapter 22
of the Texas Transportation Code, but essentially reflects the same authorities for
governance that were originally included in the Texas Municipal Airport Act, and
contemplated and granted by Kerr County and the City of Kerrville in 1970.
In 1987, for reasons best left to history, the City of Kerrville passed an ordinance
purporting to "confirm" that the Joint Airport Boazd was to act merely in an advisory
capacity, contrary to law and the intent of the 1970 referendum. In February 1987, Kerr
County, by Resolution in Court Order No. 17103, confirmed the action of the City of
Kerrville in this regard. Thus, since 1987 to date, the Kerr County-City of Kerrville Joint
Airport Board has been acting in an advisory capacity, and as such has not been carrying
out the responsibilities granted to it in Chapter 22 of the Texas Transportation Code.
This brings us to the current happenings and activities, to wit
• The Joint Airport Boazd continues to operate under the assumption that it is
"advisory" only; although it is aware that the governance issue has been discussed
to some extent by the airport owners of record.
• Anew airport manager has been hired, and charged with the responsibility of
making the airport "self sufficient."
• In the pursuit of his responsibilities, the airport manager has negotiated new
leases with airport tenants, and brought same to Kerr County and the City of
Kerrville for "approval."
• Mooney Airplane Company, under new ownership, approached the airport
manager about renewing and extending its lease to facilitate its efforts in
obtaining additional funding for its operations.
• The airport manager advised Mooney management of certain requirements that
should be incorporated into any newlextended lease agreement, i.e., connecting
the Mooney facilities to the sewer collection system put in place by the City of
Kerrville, remediation the industrial waste ponds on the property in accordance
with Federal and/or State standards, and increasing rent on property occupied by
Mooney to mazket standazds currently being paid by other tenants of the airport.
This would raise Mooney's rent significantly.
• A formal proposal extending the lease for 20 yeazs beyond its current expiration
date of 2013, and incorporating these items was presented to David Jackson,
representing Mooney Airplane Company.
Needless to say, Mooney Airplane Company management is, to say the least, very
unhappy with the lease extension proposal presented by the airport manager, and has
made its displeasure known to members of Commissioners Court, citizens, city staff,
perhaps Council members, etc. At this writing, to the best of my knowledge, Mooney
management has yet to request a meeting to discuss the issues.
You are familiaz with the presentation made by the airport manager and assistant city
attorney, and the questions raised by members of Commissioners Court.
One of the problems relayed to me by counsel representing Mooney is that management
"professes" not to know with whom to negotiate. In my view, that is a ploy, however, it
does bring into focus the confusion that exists regarding the autonomy and authority of
the Joint Airport Board and its management representative to exclusively negotiate with
airport tenants.
Assistant City Attorney Ilse Bailey in a memorandum to City Manager Ron Patterson,
dated April 16, 2003, concluded:
"The Kerrville-Kerr County Joint Airport Board is currently the entity that has
authority to lease property at the airport, pursuant to an agreement entered into
between the City and the County in February, 1970. Under the terms of this
agreement, the Boazd may lease airport properly without engaging in the
competitive bidding process."
Therefore, based on the above, and whatever else pertinent may be in the attachments
provided, I am requesting your opinion regarding the following question:
Is it necessary for Kerr County Commissioners Court to rescind its Court Order
No 17143 dated February 9 1987 in which it affumed a City of Kerrville Ordinance
chan~in~ the status of the Ken County-Kerrville Joint Airport Board to "advisory" only
thereby enabling it to perform its duties and responsibilities asdetailed in Chanter 22 of
the Texas Transportation Code?
If you believe such an action by Commissioners Court is necessary or advisable, please
communicate to me so that I can place this matter before the Court at its October 27~'
meeting.
I believe that given the current circumstances and confusion regarding negotiations with
Mooney Airplane Company, time is of the essence.
Should you have questions, or a need for additional information or documents, County
Judge Tinley has a file containing other material that may be pertinent, and has offered to
discuss this mater with you.
Williams
c. Judge Tinley and Commissioners Baldwin, Letz and Nicholson