ORDER NO. 30959
CLARIFICATION OF INTERLOCAL AGREEMENT FOR CONTINUED
EXISTENCE OF JOINT AIRPORT BOARD
Came to be heard this the 25th day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by a vote of 4-0-0 to:
Approve the Interlocal Agreement for the Continued Existence of a Joint
Airport Board to Provide Management of Kerrville/Kerr County Airport,
and authorize the County Judge to sign same, and return it to the City with
the clarification that it is done with our understanding that the Airport Board
not be required so long as they stay within the total amount of the budget, to
obtain approval from the City or the County if they need to move items
around in their budget, and that that percentages are correct on
maintenance/operation for the airport; the actual number is not necessarily
correct, but would be based on the actual budget that is approved, and
subject to approval in our respective budgets.
1 ~~ 3o9s~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Jonathan Letz
MEETING DATE: August 25, 2008
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on clarifying a budget item on the
"Interlocal Agreement for the Continued Existence of a Joint Airport Board to Provide
Management of Kerrville/Kerr County Airport".
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, 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 RQUEST RECEIVED ON:
OFFICE: County Commissioners
5:00 PM previous Tuesday
@ .M.
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 your request being addressed at the earliest
opportunity. See Agenda Request Rules Adopted by Commissioners' Court.
COUNTY JUDCE
PAT TINLEY
COMMISSIONERS COURT
H.A. `BUSTER" BALDWIN, PCT. I
WILLIAM H. WILLIAMS, PCT. 2
.TONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. 4
August 28, 2008
Mr. Paul Hofmann
City Manager
City of Kerrville
800 Junction Hwy
Kerrville, TX 78028
PEE D.F.`
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THE COUNTY COURT
OF
KERB COUNTY, TEXAS
700 Main, Kerrville, Texas 78028
Tel: (830) 792-2211
Fax: (830) 792-2218
E-mail: commissioners@co.kerr.tx.us
RE: Interlocal Agreement for the Continued Existence of a Joint Airport Board to
Provide Management of Kerrville/Kerr County Airport
Dear Mr. Hofmann:
CLERK
JANNETT PIEPER
COURT COORDINATOR
JODY GRINSTEAD
On the 22°d day of August, 2008 an executed original of the above referenced document
was forwarded to you.
While such agreement may not specifically so provide, the approval of same by
Commissioners' Court was with the following understandings:
1. Under item 4 Board Budget, the Airport Board does not need the
approval from City Council or Commissioners' Court for budget
amendments within the Airport Board budget so long as the total amount
of the Board budget as adopted by Commissioners' Court and City
Council is not exceeded.
2. Under Item 5 County and City Funding, the percentages specified are
correct, but the dollar amount expended will vary from year to year.
If you believe the agreement needs further clarification, or if the foregoing does not
conform to the understanding of Kerrville City Council, please advise me immediately.
Yours very truly,
r
i ey
Kerr County Judge
#30931
INTERLOCAL AGREEMENT FOR THE CONTINUED EXISTENCE OF A
JOINT AIRPORT BOARD TO PROVIDE MANAGEMENT
OF KERRVILLE/I~RR COUNTY AIRPORT
This Joint Action Agreement ("Agreement"), pursuant to Chapter 22 of the Texas
Transportation Code, is entered into between Kerr County, Texas ("County") and the City of
Kerrville, Texas ("City"), also referred to individually as "Party," or collectively as "Parties", on
the ~~ day of ~ c. ,G ~- , 2008.
WHEREAS, County and City jointly own the real property upon which is located the
Kerrville/Kerr County Airport, sometimes referred to as Louis Schreiner Field ("Airport"); and,
WHEREAS, County and City have previously, by their actions, jointly managed said
Airport under Tex. Rev. Civ. Stat. Ann. Art 46d, Municipal Airport Act, the statutory
predecessor to Chapter 22 of the Texas Transportation Code ("Code"); and
WHEREAS, County and City find that it is in the best interests of the citizens of County
and City for the Airport to continue to be managed by a Joint Airport Board pursuant to the
Code; and
WHEREAS, County and City are desirous of the continuous operation of the Airport in
an effective manner; and
WHEREAS, County and City now reconstitute and reorganize the Joint Airport Board to
reflect the terms of this Agreement;
NOW, THEREFORE, in consideration of these promises, covenants, and agreements,
the Parties agree as follows:
1. Duration of Agreement: This Agreement shall be effective on the date it is fully
executed by the Parties, and shall terminate on September 30, 2013. Thereafter, this Agreement
shall automatically be renewed for five year terms, unless terminated as provided for below.
2. Proportionate Interest in Airport Property: Each Party owns an equal, undivided
interest in the real property and assets located within the bounds of the Airport, more particularly
described in Exhibit A, and as that property description may be expanded or developed, and in
the buildings, improvements, and other fixtures located on the property. Title to all Airport
property shall remain jointly vested in the County and City.
3. Joint Airport Board: The Parties affirm the creation and continued existence of the
Joint Airport Board ("Board"). The Board is reconstituted and shall consist and operate as
follows:
(a) Membership. The Board shall be comprised of five members. The approval by each
Party is required to constitute an appointment to the Board and current Board
members shall be subject to reappointment by the Parties without Board
recommendation as it is the intent of this Agreement to reconstitute and reorganize
,. the Board. Following the appointments and/or any reappointments to the Board, each
Board member shall be assigned at random to hold one of the five places that
comprise the Board.
(b) Term of Office. Each Board member shall be appointed for a two year term and shall
continue to serve in this capacity until their successor is appointed and is duly
qualified. Upon the death of any member or should any member resign or for any
reason become unable to serve, a replacement shall be appointed in the same manner
as provided below to fill the vacancy for the unexpired term. Following the execution
of this Agreement, the terms of those Board members who are serving in Places 1, 3,
or 5 shall expire on June 1, 2010. The terms for those Board members appointed to
Places 2 and 4 shall expire on June 1, 2011.
(c) Oath and Bond. Following appointment, each Board member shall qualify for office
by taking the required oath of office before the County Judge.
(d) Appointment. The process for appointment by action of each Party shall be as
designated below:
1) The Board shall recommend persons to the County and City for consideration
of appointment. The Board shall submit the names of such persons to each Party
at least 60 days prior to the end of the particular place's term. In the event that a
candidate recommended by the Board is not appointed by either Party, the Board
shall recommend an alternative candidate. In the event that this second candidate
is not appointed by either Party, the Board shall select another candidate who will
be automatically appointed to the Board without the approval of the Parties.
2) It is deemed desirable that all Board members possess and will contribute a
balance of expertise in business, financial, aviation, or management training and
experience. Appointments shall be made on or before June 1 of each year.
3) Replacement of members shall be in the same manner and under the same
qualification as described above with such replacement being appointed to fulfill
only that portion of the remaining term.
4) Any Board member may be removed by a majority vote of each Party, for any
reason. In addition, the Board may recommend to the County and City that a
Board member be removed.
5) Board members shall be eligible for reappointment.
(e) Officers. The Board shall appoint a President and Vice President who shall be
selected from the Board's membership. If the Board appoints a Treasurer, the
Treasurer shall execute a bond in an amount determined by the Board, with a
corporate surety authorized to do business in the state of Texas and conditioned upon
Joint Action Agreement-Kerrville/Kerr County Airport Page 2 of 8
the faithful performance of the treasurer's duties. In addition, the Board shall appoint
a secretary who shall record the minutes of the Board meetings. The term for each
position shall be for two years.
(f) Compensation. Service on the Board is without compensation. However, each Board
member is entitled to reimbursement for necessary expenses incurred in the
performance of his/her duties as a Board member, subject to a written Board policy
regarding the reimbursement of expenses, which has been approved by each Party.
(g) Authority, Powers and Duties. The Board shall have the following authority, powers,
and duties:
1) The Board may exercise on behalf of the Parties any power possessed by
either Party and those specifically provided by the Code, including the power to
lease property and facilities, and to buy and sell goods as an incident to the
operation of the Airport. However, the Board is not authorized to impose a
property tax, 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 each Party.
2) The Board, following the prior written consent of each Party, has the authority
to apply for and to execute grant funding agreements.
3) The Board may improve, equip, maintain, operate, manage, regulate, protect,
and police the Airport.
4) The Board may realign, alter, acquire, abandon, or close a portion of a
roadway or alleyway without a showing of paramount importance if the portions
to be realigned, altered, acquired, abandoned, or closed are in the geographical
boundaries of the Airport at the time of or after the realignment, alteration,
acquisition, abandonment, or closing.
5) The Board shall have the responsibility and be in charge of the property,
improvements, .and other assets of the Airport and shall be in charge of the
disbursement of Airport funds for Airport purposes. The Board shall also cause
records to be kept of any and all revenues and disbursements.
6) Within 30 days following the execution of this Agreement and the
appointment(s) and/or reappointments) of Board members by the Parties, the
Board shall establish a fund to be maintained for the purpose of depositing all
revenues of the Airport, including each Party's share of the operating costs. This
fund shall be kept and managed by the Board and shall be established at a bank
with a branch in Kerr County. Federal, state, or other contributions or loans and
the revenue obtained from the operation of the Airport shall be deposited to the
credit of the joint fund.
Joint Action Agreement-Kerrville/Kerr County Airport Page 3 of 8
7) The Board shall have an audit of the financial affairs of the Board and its
trr operation of the Airport conducted each year by an independent accountant and
shall furnish the audit to each Party no later than December 1 of each year.
8) The Board shall ensure that all records regarding the operation of the Airport
are maintained, retained, and made available for public review in accordance with
the Texas Public Information Act. All records shall be maintained at the Airport.
9) The Board shall hire and employ an Airport Manager ("Manager") and such
other employees as are necessary for the operation of the Airport. The Manager
shall be hired as soon as possible after execution of this Agreement.
10) The Board, through its Manager and any other employees, shall be
responsible for the day-to-day management of the Airport. Toward that end, the
Board is authorized to enter into service contracts with other public or private
entities.
11) The Board may adopt resolutions, rules, and orders for the operation of the
Airport.
12) The Board may lease Airport property and may adopt fees and rental rates
with respect to the use of Airport services or use of Airport property. Such fees
and rates should be, to the extent possible, included within the Board Budget.
13) The Parties acknowledge that the Airport property is within the City's limits
and is subject to the City's regulations and that land adjacent to the Airport but
outside the City limits is subject to the adoption, administration, and enforcement
by either a County or Joint Airport Zoning Board of airport hazard area and
compatible land use zoning. However, the Board shall monitor and consider
appropriate zoning for the Airport and the immediately surrounding areas whose
use may impact Airport operations.
14) The Board shall adopt policies and procedures for the purchase of goods and
services and for the accounting of the Airport's finances, each in accordance with
state law.
15) The Board may insure itself, its contractors and subcontractors against
liability arising from the operation of the Airport for damages to the person or
property of others, workers' compensation, and officers' and employees' liability.
The insurance may consist ofself-insurance and/or purchased insurance.
16) The Board shall comply with the Code and other state laws and local laws in
all respects.
(h) Meetings. The newly reconstituted Board shall meet within 15 days following the
execution of this Agreement and the appointment(s) and/or reappointments) of Board
Joint Action Agreement-Kerrville/Kerr County Airport Page 4 of 8
members by the Parties. Thereafter, the Board shall meet on dates and times as
agreed upon by the Board, which schedule may be changed from time to time;
however in no event shall the Board meet less frequently than once per calendar
quarter. The President of the Board or any two Board members shall have the
authority to call a meeting. All such meetings of the Board shall be held in
accordance with the Texas Open Meetings Act and three members of the Board shall
constitute a quorum of the Board. The Board shall make its own rules of order, by-
laws, set the time and place for regular meetings, and shall keep minutes of its
meetings.
(i) Fiscal. The Board shall observe a fiscal year that begins each October 1 and
ends September 30.
(j) Reporting. The Board shall provide quarterly written reports to each Party regarding
the operations of the Airport and its finances.
(k) Liti ag tion. The Board shall not enter into litigation of any kind without prior
approval from the Parties. However, the Board may provide an appropriate response
to a lawsuit or claim filed against it in an effort to protect its rights and defenses prior
to any approval from the Parties.
4. Board Budget: The Board is responsible for the operations and needs of the Airport and
shall develop and approve a budget for Airport operations ("Board Budget"). The Board Budget
shall consist of the following parts: 1) maintenance and operations; and 2) capital improvements.
For purposes of this Agreement, "capital improvements" are defined as a project that will result
in a physical object with a value of $25,000 or more. The Board shall submit and present the
Board Budget to the County and the City for approval. Should either Party not approve the
Board Budget, the previous year's Board Budget shall be automatically adopted for the
upcoming year.
(a) Submission Required. The Board shall submit the Board Budget to both Parties not
later than June 30`h of each year for Parties' consideration no later than September 30
of each year.
(b) Content and Format. The Board Budget shall substantially conform to the format and
line item content as specified and depicted in Exhibit B.
(c) Excess Spending Prohibited. Without the prior written approval of each Party, the
Board shall not spend nor incur obligations which at any time will exceed the total
amount of the Board Budget adopted by the County and City for that fiscal year.
(d) Airport Revenues. The Board shall only use revenues generated by operation of the
Airport for Airport purposes.
(e) Board Budget Calculation. The Board shall determine the Board Budget as follows:
Joint Action Agreement-Kerrville/Kerr County Airport Page 5 of 8
(1) Total of all revenues, not including contributions from the Parties, less total
expenses, which shall include all grant matches.
(2) Where a negative sum occurs, the Board shall seek contributions from the
Parties as provided below.
5. County and City Finding: To assure the objective of the continuation of efficient
Airport operations, each Party is obligated to the other Party to contribute funds as follows:
(a) Maintenance and Operations for Fiscal Years 2009 throu 2011. Subject to the
authority of each party to terminate the Agreement at the end of any fiscal year, the
County and City shall fund all the costs related to the maintenance and operations part
of the Board Budget over the next three fiscal years (2009, 2010, 2011) in the
following percentages:
FY 09 F'Y 10 F'Y 11
County 50% [*$187,000] 75% 100%
City 50% [*$187,000] 25% 0%
*The Parties have determined the amount of the FY 2009 Board Budget and these
values reflect that amount.
(b) County's Responsibility for Maintenance and Operations Costs for Fiscal Year 2012
and beyond. The County shall continue to fund all of the costs related to the
maintenance and operations part of the Board Budget for Fiscal Year 2012 and
beyond. The City shall not fund any of the maintenance and operations part of the
Board Budget and will continue to maintain its 50% ownership interest in the Airport.
(c) Capital Improvements. The County and City shall be equally responsible for
expenses directly resulting from the part of the Board Budget regarding capital
improvements.
(d) Schedule of Payments. Pursuant to the Board Budget and the amount of each Party's
contributions, each Party shall forward 12 equal monthly payments to the Board in
the amount of 1/12th of their total contribution on or before the 15th day of each
month.
6. Amendment: This Agreement may only be amended by written agreement of the
Parties.
7. Termination of Agreement Prior to Expiration: This Agreement may be terminated by
either Party to become effective at the end of the current fiscal year. To effectuate the
termination, the Party seeking termination must provide written notice to the other Party at least
90 days prior to the end of the fiscal year.
Joint Action Agreement-Kerrville/Kerr County Airport Page 6 of 8
8. Notices: Any notice required or permitted to be given pursuant to this Agreement or
under the laws of this state shall be given in writing and may be given via the United States
Postal Service, certified mail, or commercial courier service, addressed to the applicable Party at
the address set forth below:
City: City of Kerrville
Attention:. City Manager
800 Junction Highway
Kerrville, Texas 78028
County: Kerr County, Texas
Attention: County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Board: Joint Airport Board
Attention: Airport Manager
Kerrville/Kerr County Airport
1875 Airport Loop Road
Kerrville, Texas 78028
9. Governing Law and Venue: This Agreement and all of the transactions contemplated
herein shall be governed by and construed in accordance with the laws of the State of Texas.
Venue for any cause of action shall be in a court of competent jurisdiction in Kerr County,
Texas.
10. Severability: If any provision of this Agreement is invalid or unenforceable, this
Agreement shall be considered severable as to such provision, and the remainder of this
Agreement shall remain valid and binding as though such invalid or unenforceable provision was
not included.
11. Captions: Section headings are inserted herein only as a matter of convenience and for
reference, and in no way defines, limits, or describes the scope or intent to any provision.
12. Use of Language: Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words in the singular shall be held to include the
plural, unless the context otherwise requires.
13. Entire Agreement: This Agreement embodies the entire agreement between the Parties,
and supersedes all prior agreements and understandings, whether written or oral, and all
contemporaneous oral agreements and understandings relating to the subject matter. This
Agreement shall not be amended, discharged or extended, except by written instrument executed
by the Parties. The Parties agree that no representations or warranties shall be binding upon
either Party unless expressed in writing in the Agreement.
Joint Action Agreement-Kerrville/Kerr County Airport Page 7 of 8
14. Multiple Counterparts: This Agreement maybe executed in multiple counterparts, each of
which constitutes an original.
IN WITNESS WHEREO ,the Pa -ties hereto have caused this Agreement to be legally
executed this ! ~~l~day of , 2008.
CITY OF KERRVILLE
COUNTY OF KERR, TEXAS
-,
By:
_ Eat
Judge
Todd A. Bock, Mayor
ATTEST:
~~
Brenda G. Craig, Secretary
APPROVED AS TO FORM:
i C
Michael C. Hayes, City Attorney
ATTEST: ~ '
/-!
Q
J ett Piep r, County Cle k
APPROVED AST FORM:
merson, County Attorney
T:~[.egaRAIRPORTWitport BoazdUoint Action Agreement 2008Uoint Action Agreement_081308 FINAL.doc
Joint Action Agreement-Kerrville/Kerr County Airport Page 8 of 8

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REVENUES
AIRPORT FUND
INTERGOVERNMENTALREVENUE
47-6306	TXDOT-REIMBURSEMENT
47-6322	KERR COUNTY PROJECT MATCH
47-6323	KERR COUNTY T-HANGER
47-6347	KERR COUNTY MGT CONTRACT
47-6361	CITY -PROJECT MATCH
47-6362	
INTEREST AND MISCELLANEOUS
47-6901	LEASES
47-6902	FUEL FLOW FEES
47-6903	TERMINAL LEASE
47-6904	T-HANGER LEASE
47-6905	VEHICLE RENT-SURCHARGE
47-6906	STORAGE RENTAL
47-6908	DAILY RENT T- HANGER
47-6911	INTEREST REVENUE
47-6989	MISCELLANEOUS REVENUE
TRANSFERS IN
47-7001	TRANSFER -GENERAL
47-7040	TRANSFER IN
47-7070	TRANSFER IN
EXPENSES
PERSONNEL
47-800-001	SALARIES AND WAGES
47-800-002	OVERTIME
47-800-003	TEMPORARY EMPLOYEE
47-800-004	LONGIVITY
47-800-005	SOCIAL SECURITY
47-800-006	RETIREMENT
47-800-007	GROUP INSURANCE
47-800-008	WORKER'S COMPENSATION
47-800-010	PROFESSIONAL DEVELOPMENT
47-800-011	LOCAL MEETING EXPENSE
SUPPLIES
47-800-101	OFFICE SUPPLIES
47-800-102	SMALL TOOLS & EQUIPMENT
47-800-103	MEDICAL AND CHEMICAL
47-800-105	FOOD SUPPLIES
47-800-106	JANITORIAL SUPPLIES
47-800-110	POSTAGE/UPS/FED-EX
47-800-111	COMPUTER UPGRADE
47-800-112	COMPUTER SOFTWARE
47-800-132	SOD. SEED. PLANTING
MAINTENANCE
47-800-201	LAND
47-800-202	BUILDINGS AND STRUCTURES
47-800-205	OFFICE EQUIPMENT
47-800-206	INSTRUMENTS AND APPARATUS
47-800-207	STREETS
47-800-208	TRAFFIC CONTROL DEVICES
4?-800-209	TAXIWAYS!RUNWAYS
47-800-212	REPAIRS-NOT CITY GARAGE
47-800-214	RAMP GRANT MATCH
SERVICES
47-800-301	PHONE SERVICE
47-800-302	LIGHT AND POWER
47-800-303	NATURAL GAS
47-800-304	WATER ~ SEWER
47-800-305	LEGAL SERVICE
47-800-306	SPECIAL SERVICES
47-800-307	INSURANCE
47-800-311	NETWORK SERVICES
47-800-313	HIRE OF EQUIPMENT
47-800-316	ADVERTISING
47-800-347	MANAGEMENT CONTRACT
47-800-348	OUTSOURCED SERVICES
47-800-350
OTHER EXPENSES
47-800-401	CERTIFICATES AND AWARDS
47-800-402	DUES AND SUBSCRIPTIONS
47-800-405	OTHER CHARGES
47-800-410	CONTINGENCY
47-800-430	DEPRECIATION EXPENSE
47-800-435	OTHER EXPENSE
CAPITAL OUTLAY
47-800-501	LAND
47-800-502	BUILDING AND STRUCTURES
47-800-505	OFFICE EQUIPMENT
47-800-506	INSTRUMENTS AND APPRARTUS
47-800-508	TRAFFIC CONTROL DEVICES
47-800-510	WATER SYSTEM
47-800-513	GRANT MATCH
47-800-514	DRAINAGE IMPROVEMENTS
47-800-517	CITY T-HANGER 2001
TRANSFERS OUT
47-800-901	TRANSFER -GENERAL
47-800-902	TRANSFER OUT
47-800-928	TRANSFER OUT
47-800-940	TRANSFER OUT
47-800-942	TRANSFER OUT
47-800-970	TRANSFER OUT
47-800-974	TRANSFER OUT
47-800-975	TRANSFER OUT
47-800-990	TRANSFER -INSURANCE
TERMINAL
SUPPLIES
47-801-118 SIGN MATERIALS AND SUPPLIES
SERVICES
47-801-301	PHONE SERVICE
47-801-302	LIGHT & POWER
47-801-303	PROPANE GAS
47-801-304	WATER & SEWER