ORDER N0.28439 APPROVAL TO RECIND COURT ORDER NUMBER 17103 ON KERRVILLE/KERB COUNTY JOINT AIRPORT ADVISORY BOARD On this the 8th day of December, 2003 upon motion made by Commissioner Williams, seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, that Court Order Number 17103 dated February 9, 1987, be rescinded, and it will be replaced with a court order to be determined in an action to be taken by the Commissioners at the December 22, 2003 meeting. ~~~~3~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: December 8, 2003 SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss status of Kerrville/Kerr County Joint Airport Advisory Board. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: OFFICE: Commissioners Court TIlVIE PREFERRED: Comm. Pct. #3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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: 5:00 P.M. previous Tuesday. 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. Commissioners' Court has been discussing this issue for months. We have all received related back-up material and received an opinion from the County Attorney. The Commissioners' Court discussed this situation with the City of Kerrville at our joint meeting July 29, 2003. I believe we need to resolve this situation. Jonathan Letz Memorandum , . _ ~_. ,~~ _ . To: Commissioner Williams ~ U u 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: Judge Tinley Commissioner Baldwin commissioner Letz Commissioner Nicholson Court Administrator Motion regarding Kerrville/Kerr County Joint Airport Board: Court Order 17103, dated February 9, i 987 be rescinded, and replaced with Court Order No. ,dated December 8, 2003 that sets forth the following: 1. The Kerrville/Kerr County Joint Airport Board of Directors shall hereinafter be an autonomous body with the authority to make all decisions relating to the operations and maintenance of the Kerrville/Kerr County Airport; and the leasing of airport buildings and land pazcels therein, with such other limitations that me be expressed herein; 2. The KerrvillelKerr County Joint Airport Board of Directors will be comprised of seven (7) members, appointed for two-yeaz terms, of which two (2) members to be appointed by the City of Kerrville, two (2) members to be appointed by Kerr County Commissioners Court, one (1} member of the Kerrville City Council, and one (1) member of Kerr County Commissioners' Court. The six voting members each year will select a chairperson. All Joint Airport Boazd Members shall serve without compensation. 3. The Joint Airport Boazd of Directors shall exercise complete and final authority over airport revenues and expenses; and shall cause to be prepazed an annual balanced budget that coincides with the fiscal yeaz of both the City and County. 4. The Joint Airport Board shall no authority to issue instruments of debt without first obtaining the approval of the City of Kerrville and Kerr County. Nor shall the Board be empowered to sell airport property or purchase additional property without first obtaining the approval of the City of Kerrville and Kerr County. 5. The Joint Airport Board may enter into contracts for administrative and other services as may be required to conduct airport business. The County Judge is further authorized to communicate the above to the City of Kerrville Mayor and Council and urge their concurrence through adoption of amendments to existing City Ordinance(s).