ORDER N0.29100 AIRPORT RULES & REGULATIONS Came to be heard this the 28~` day of March 2005 with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 the Airport Code, which includes Rules and Regulations and Minimum Operating Standards as amended. .~C~ ~~~~~L, ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams Jonathan Letz 111citih ~.~ ~ ~-c~`~`~ MEETING DATE: 1~4afek-I.4;~80'S OFFICE: Commissioner, Pct. 2 Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: (Please be specific). Consider, discuss and take appropriate action to approve the Airport Code, which includes Rules and Regulations and Minimum Operating Standards. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams and Letz. ESTIMATED LENGTH OF PRESENTATION: 10 Minutes 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: 5:00 P.M. previous Tuesday 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 is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Agenda Item backup Statement A new Airport Code, that includes both Rules and Regulations and Minimum Operating Standards, has been in the development stage since the new Board was seated several months ago. The new code is intended to replace the existing code which has been effect since May, 1997. ~ ~~- This code, approved by the Airport Board at its Mazch 1, 2005 meeting for submission to Commissioners' Court and Kerrville City Council is a collaborative effort that has involved airport staff, board members, airport users, airport business operators ' _ and other aviation-minded individuals. - - PLEASE REFER TO CLEAN COPY OF AIRPORT CODE SENT OVER BY THE CITY OF KERRVILLE. ..._ .~~ ~c c 1v p February 15, 2005 TO: The Airport Board ~ .-~ FROM: Airport Board Subcommittee __,. SUBJECT: REVISED DRAFT -AIRPORT CODE This draft of the Airport Code, which includes the Rules and Regulations and the Minimum Operating Standards,, is :for your- review prior to. discussion, revision, and possible approval at the March 1 Airport Board meeting. (Once approved by the Airport Board, the Interlocal Agreement requires that the Code also be approved by both the City Council and the County Commissioners' Court.) The subcommittee, consisting of Airport Board member Gene Smith, Airport Manager Dave Pearce, Assistant City Attorney Ilse Bailey, and Airport Board member Roger Bobertz, have developed this draft after many hours of deliberation and re-drafting. In doing so, careful consideration was given to suggestions from subcommittee members, as well as from Airport Board Members MacDonald and Williams, and members of the Airport Community. Almost all of the suggestions have been incorporated in this draft. )n those few cases where the suggesfions have not been incorporated, the subcommittee will be pleased to discuss their reasoning. We believe this draft is now a workable document. It is a substantial improvement over the version circulated in December, largely due to the suggestions and input we have received from the Board and the Airport community, and we commend it to you for consideration and approval. Some comments on the draft: Changes from the December version are noted as follows: deletions are off to the side in margin notes, and additions are contained within the text in blue.. This draft is clear that all authorities concerning the Airport (except those withheld by the Interlocal Agreement) reside with the Airport Board. The Airport Manager's authorities are those that have been delegated by the Airport Board. (There are several operational authorities that the subcommittee believes should be delegated to the Airport Manager, and will present them for Board consideration once the Code is approved.) A few issues that the subcommittee wants to highlight for the: Board's attention and discussion are identified with margin notes. This draft has been posted on the City Website to keep the Airport Community and general public informed, and to encourage input to the Board's discussions at the March 1 meeting. To facilitate your review, we have stayed extremely close to the same"Article and Section organization and numbering as in the December draft. (It'll- also work well with the binder and tabs used for the December draft.) We look forward to our March discussion. If you have any questions in the meantime, any of us on the subcommittee will be pleased to answer them. -- ;,. j: _ .. ARTICLE V. RULEMAKING Section 5.01. Airport Rules and Regulations. The Airport Board is authorized to establish and/or amend such Airport Rules and Regulations and Airport Minimum Operating Standards and Airport Rates and Charges as are necessary or useful to carry out or supplement the provisions of this Code and provide for the orderly and safe operation of the Airport. Notw•ithstandin~ anv other provision in this Code, after initial approval of this Code by the owners, provisions of or amendments to this Code shall be subject to review on request by the Owners, but shall be considered to he in effect after al~roval by the F3oard until and unless they are disapproved by the Owners. Section 5.02. Limitation on Airport Rules and Regulations by Airport Manager. (a) Except in an emergency, no Airport Rule and Regulation or Airport Minimum Operating Standard established by the Airport Board and approved by the Owners shall be effective until ten (10) calendar days after it is approved.. Any regulation established by the Airport Board shall be posted in the Terminal, if any, and FBO lobby or other area of the FBO open to the public during normal business hours for a period of not less than 72 hours prior to review by the Owners and the Airport Board. (b) All leaseholders shall be notified by mail of any revisions and/or new Airport Rules and Regulations. (c) Creation or modification of any Airport Rates and Charges shall not be effective until approved by the Airport Board. Section 5.03. Emergency Rules and Regulations. Notwithstanding Section 5.02(c), the Airport Manager has authority to impose emergency regulations for the period of time that the emergency exists. Notice of such Emergency Rule or Regulation shall be posted at the Terminal, if any, and FBO. Each emergency rule or regulation shall be reviewed and acted on as a proposed permanent rule or regulation at the next Airport Board meeting • ~•~ ~~~~:~°•,~~~~~*~~ ~ °~~ • ~,a • •~*~~a (a) Powers and Authority. In pursuing its duties, the Board may exercise on behalf of the Owners any power possessed by either Constituent Agency and those specifically provided by the Code, including the power to lease property and facilities. However, in no case shall the Board be authorized to impose a property tax (fees exempted), sell bonds or otherwise enter into other debt instruments, dispose of Airport property, or exercise the power of eminent domain without the prior written consent of the Governing Bodies. ,~~ll miles and regulations adopted for the proper operation of the Airport are s~~bject to the appro~~al of the C~o~~en~inc Bodies. In order to carry out the day-to-day management of the Airport, the Board is hereby authorized to enter into Management Contracts with other providers, public or private, to manage the day-to-day operations of the Airport as its agent. Such Management Contract shall not be effective unless and until it is approved by the Governing Bodies of the County and the City as is contemplated in paragraph 3 of this Agreement. § 22.014. RULES AND JURISDICTION. (a) ~_- 1 .,X1 ~ -~z r:^l~: r_r rr;., , ~ l_F r ordinances, resolutions, r~l ~ :~, and orders r.- , . ~ ~n , t. --_ r_, ~r. l u.;- ~r: ~ i ~ _K,. _rt or air navigation facility under its control or an airport hazard area relating to the airport. This authority applies to an airport, air navigation facility, or airport hazard area in or outside the territory of the local government. (b) An airport, air navigation facility, or airport hazard area that is controlled and operated by a local government and that is located outside the territory of the local government is, subject to federal and state law, under the jurisdiction and control of that local government. Another local government may not impose a license fee or occupation tax for operations on the airport, air navigation facility, or airport hazard area. § 22.082. RULES. resolution, r~.i1~, r 1~-~ _ . - ~ ~r~r t _ {~~-'r;x •.alrt ; ~ ~~_,k~ ~~,t ~;ah~ri~<.~.1 k-~.- ~r- ~r __~.~~i= - - or 22.081 _- ~1~~ ri-:~r _~n1',° _-i ~~,~ _~l ~ f t'~;- ~-1 - :;iri~x _nrli~_ ~z:`i~~ -,t rf,~ ~.. i + a~~:r x-~. _ i_ -.~ . On approval, a resolution, rule, or order of the joint board has the same effect in the territories o r jurisdictions involved as an ordi nance, resolution, rule, or order of the public agency would have in its own territory or jurisdiction.