HomeMy WebLinkAbout4400-12/13/1999 BLACK HAWK COUNTY IOWA:SS czaas j
MISC ! Filed for record Mar 6, 2000 at
INDEXCW^'` 4:00 PM. and recorded in Book 337
MARGIN of 1ZSC P ge 494 — .
PROOF
COMPAtit L* j ° Recorder
FEE 1-40.00/
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4400
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING DIVISION 2, AIRPORT COMMISSION, AND
DIVISION 2 . 1, AIRPORT AREA DEVELOPMENT
AUTHORITY, OF ARTICLE VII, BOARDS AND
COMMISSIONS, OF CHAPTER 2, ADMINISTRATION,
AND ENACTING IN LIEU THEREOF A NEW DIVISION
2, WATERLOO AIRPORT BOARD, OF ARTICLE VII,
BOARDS AND COMMISSIONS, OF CHAPTER 2,
ADMINISTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that Division 2, Airport Commission, and Division 2 . 1, Airport
Area Development Authority, of Article VII, Boards and
Commissions, of Chapter 2, Administration, of the 1993 Code of
Ordinances of the City of Waterloo, be and the same are hereby
repealed in its entirety; that Division 2, Waterloo Airport
Board, of Article VII, Boards and Commissions, of Chapter 2,
Administration is hereby enacted in lieu thereof as follows :
DIVISION 2
WATERLOO AIRPORT BOARD
2-176. BOARD ESTABLISHED.
(a) There is hereby established in and for the City of
Waterloo the Waterloo Airport Board of Directors (hereinafter
referred to in this subchapter as the board) created under
Chapter 392 of the Iowa Code for the purpose of governing the
operation of the Waterloo Airport and managing the development of
land and infrastructure in the area adjacent to the airport,
pursuant to the terms and provisions of this subchapter and the
Municipal Code of the City of Waterloo.
(b) Subject to this Division, the Board shall succeed to the
current responsibilities of the Airport Commission and the
Airport Area Development Authority, both of which are hereby
abolished.
(c) The board shall consist of seven members each having the
right to vote . The members shall be appointed by the Mayor,
which appointment shall be approved by the City Council . Three
(3) board members shall initially be appointed for two years, two
(2) board members for three years, and two (2) board members
appointed for four years . The terms of the board members
initially appointed shall be determined by their appointment .
Absent members lots shall be drawn by a proxy. Thereafter, the
term of each member shall be for four years and any vacancies
occurring in the membership shall be filled in accordance with
this chapter. Any member may be removed by a majority vote of
the City Council . The terms of board members shall expire on and
as of June 30 of the year in which their terms expire. All
appointments after the original appointments shall be in
accordance with this chapter.
BOOK 337 PAGE 494
Ordinance No. 4400
Page 2
2-177 . QUALIFICATIONS OF BOARD MEMBERS.
To be eligible to be appointed a member of the Waterloo
Airport Board the appointee must be a resident of the City of
Waterloo, except two members may be residents of Black Hawk
County or a county adjacent thereto. Board members should have
expertise in aviation, business, accounting, finance, marketing,
engineering, law, real estate development, management or other
fields of value to the operation of the airport and the
management of development of adjacent areas .
2-178 . ORGANIZATION OF THE BOARD.
At its first meeting, the board shall elect a chairperson
from its own membership. The board shall in a timely manner
adopt bylaws and regulations to govern the proceedings of the
board. The presence of four members of the board shall
constitute a quorum for the transaction of business . All actions
of the board shall be by resolution or motion and the affirmative
vote of at least four members shall be required for the passage
of either action.
2-179 . MEETING AND MINUTES.
The board shall hold at least one public meeting each month,
at such times as the board shall establish in its bylaws .
Minutes of each meeting shall be kept and all resolutions and
minutes shall be open to public inspection. Board meetings shall
be conducted in compliance with all applicable state or federal
laws, including, but not limited to Chapter 21 of the Iowa Code,
Open Meetings .
2-180 . POWERS AND RESPONSIBILITIES OF THE BOARD.
The board, except as otherwise herein provided, shall have
the authority to govern the operation of the Waterloo Municipal
Airport and the management of development of adjacent areas,
including but not limited to the following powers and
responsibilities :
(i) Establish and Enforce regulations for the control,
operation, supervision and maintenance and
security of the airport, provided such regulations
do not conflict with existing city ordinances or
with state or federal laws, rules or regulations .
(ii) Establish by regulation rates and charges for use
of the airport, airport facilities, or airport
services, to support the operations and
development of the airport, including passenger
facility charges, except that admission charges
and temporary parking charges for special events
may be set by board resolution. The level of
rates and charges shall be consistent with the
operating and capital improvement budgets .
(iii) Negotiate and execute leases, concession
agreements, and operating agreements of not to
exceed three years in duration for the use of real
property and facilities under the jurisdiction of
the Waterloo Airport . Any leases, concession
agreements, or operating agreements for the use of
BOOK 337 PAGE 495
Ordinance No. 4400
Page 3
real property and facilities under the
jurisdiction of the Waterloo Airport which exceed
three years in duration shall require approval by
the City Council . All agreements, concessions
agreements and operating agreements under the
jurisdiction of Waterloo Airport, which do not
involve the lease or real property, may be
negotiated and executed by the board.
(iv) Enter into contracts for public improvements
contained in the City' s Capital Improvements
Program (C. I . P. ) for the year of initiation when
the funding from the General Fund, general
obligation bonds or state or federal grants is
available or has been secured for the project . In
awarding contracts for public improvements, the
estimated cost of which exceeds $25, 000, the board
shall follow the requirements of Division VI of
Chapter 384 of the Iowa Code and applicable
provisions of the Municipal Code. All references
to the city council in those provisions shall be
deemed to mean the airport board in their
application as herein provided.
(v) Buy, lease, sell or exchange supplies, equipment
and materials and to procure services or work to
the extent unencumbered funds are available for
payment pursuant to the provisions of the
Municipal Code.
(vi) Develop for approval by the city council, maintain
and follow yearly operating and capital
improvement budgets included as part of the total
city budget . The Board shall submit its operating
and capital budgets to the Mayor for
recommendation and transmittal to the city council
in accordance with time tables established by the
Mayor. The board and the Mayor shall jointly agree
on the staffing levels which would be included in
the operating budget . The board has discretion to
transfer expenditures between operating budget
account codes as necessary subject to approval of
the Finance Committee of the City Council . All
expenditures and all transfers between account
codes shall be reported to the finance department
and shall be reflected in quarterly and annual
reports prepared by the finance department . In the
process of developing and administering the yearly
budget the board shall assure as a first priority
the payment of principal and interest on general
obligation bonds issued in the name of the city
for airport purposes .
(vii) Develop and implement a marketing plan aimed at
establishing the Waterloo Airport as an economic
generator and attraction for Waterloo and the
State of Iowa. The board shall engage in
appropriate activities which will promote
improvements and growth in scheduled passenger
airline service, cargo service, general aviation
use of the airport, as well air transportation
related services for the community.
BOOK 337 PAGE 496
Ordinance No. 4400
Page 4
(viii) Create advisory committees and appoint members
thereto, including both residents and non-
residents of the City of Waterloo. Individuals
excluded from board membership because of their
direct financial interest may be eligible for
appointment to such advisory committees, subject
to the limitations imposed by law.
(ix) Prepare and deliver to the city council an annual
report covering program activities and financial
status within one hundred and twenty days after
the end of fiscal year.
(x) Organize, supervise, manage and direct the
development of a trade and commerce center located
adjacent to the Waterloo Municipal Airport.
(xi) Review and either approve or disapprove all plans
associated with development or redevelopment of
the airport .
(xii) Ensure that all airport revenues collected by or
under board authority are credited to the General
Fund, and that all expenditures from said fund for
airport purposes are done in accordance with
applicable state and federal laws and regulations .
(xiii) Maintain a positive cash balance at all times in
airport operations .
(xiv) Acquire by voluntary sale or gift property
interests as necessary to implement an airport
land use plan or other plan approved by the board.
All such acquisitions shall be accepted and
approved by the city council .
(xv) File with the city clerk for public inspection
copies of minutes summarizing all board meetings,
including resolutions and motions passed by the
board within seven days of the meeting at which
the minutes were approved. The minutes at each
preceding meeting shall be presented at the next
meeting for approval by the airport board.
(xvi) The board may prepare and present to the city
council recommendations for the issuance of bonds,
the amount to be financed, method of repayment and
the expected revenues and necessary charges to be
created in order to meet the debt repayments .
(xvii) Create subcommittees of the board including, at
least, an Airport Operations Committee and an
Airport Area Development Committee.
The delegation of power and responsibility to the board is
strictly subject to the limitations imposed by any revenue bonds
or obligations issued or outstanding which are payable from the
revenues of the Airport .
800K 337PAGE497
Ordinance No. 4400
Page 5
2-181 . ADOPTION OF REGULATIONS BY THE BOARD.
(a) Regulations proposed by adoption by the board shall be
in writing. In adopting a regulation, the board shall take the
following actions in the listed order:
(1) File said proposed regulations with the city
clerk.
(2) Publish notice of intent to adopt the regulation
of the time and place of a public hearing thereon,
including then a description of the regulation and
its proposed effective date, and stating that it
is on file with the city clerk.
(3) Notify the city council of the proposed effective
date of the regulation and provide a copy thereof
to the city council for its review.
(4 ) Hold a public hearing on the proposed regulation;
and
(5) Adopt the regulation by board resolution and cause
the city clerk to publish it prior to its
effective date as provided by Section 362 . 5 of the
Iowa Code.
(b) Except in case of an emergency requiring prompt action
by the board, the adoption of a regulation shall occur at a
regular board meeting following the regular meeting at which the
public hearing on the regulation is held. If upon its review of
a proposed regulation the city council determines that such
regulation in inconsistent with the provisions of the city code,
or is inconsistent with any applicable state or federal law or
regulation, or is otherwise objectionable, the city council may
so declare by resolution, and in that event the proposed
regulation shall not be published and shall not take effect .
Regulations adopted by the board shall be effective upon their
publication.
2-182 . LEGAL EFFECT OF REGULATIONS ADOPTED BY THE BOARD.
Regulations adopted by the board shall have the effect of
law. Any person, firm or corporation who fails to perform an
action required by such regulations, or commits an act prohibited
by such regulations, shall be guilty of a misdemeanor punishable
as provided by Section 1-11 of the city code, or shall be guilty
of a municipal infraction punishable by a civil penalty of
$100 . 00 for each initial offense and $200 . 00 for each repeat
offense.
2-183 . POWERS RESERVED BY THE CITY COUNCIL.
In addition to those powers previously reserved to the Mayor
or City Council, the following powers are specifically reserved
to the City Council .
(1) All property interests acquired by the board,
whether real or personal, shall be acquired in the
name of the City and at all times remain an asset
of the City of Waterloo.
BOOK 337 PAGE 498
Ordinance No. 4400
Page 6
(ii) The exercise of the power of eminent domain.
(iii) The levying of real property taxes .
(iv) The undertaking of debt, including the issuance of
bonds, or the execution of any form of loan or
promissory note .
(v) The mortgage, sale or conveyance of airport assets
or real property or its encumbrance for a period
in excess of three years .
(vi) Approval and acceptance of state or federal grants
or subsidies .
(vii) The establishment of insurance limits and
procurement of insurance for the airport .
(viii) The representation and defense of the airport in
all disputes, claims, actions or lawsuits,
including the settlement of all such matters .
(ix) Approval of the airport land use development plans
and any amendments thereto. The council shall
provide directives to the board for carrying out
such plan which the board shall be required to
follow.
(x) The right to have any person aggrieved by the
board in matters of health, safety or property
appear before the city council .
2-184 . AVIATION DIRECTOR AND AVIATION DEPARTMENT.
(a) Appointment of director. The director of aviation shall
be appointed by the Mayor, which appointment shall be approved by
the City Council . The Mayor shall consult with the board before
such appointment . The Mayor and the chair of the airport board
shall jointly review and evaluate the performance of the aviation
director at appropriate times, but not less than annually.
(b) Duties of aviation director. The director of aviation
shall be responsible for:
(1) The implementation of the policies, programs, and
plans of the Waterloo Airport Board, and for
representing the position of the board with regard
thereto.
(2) Assisting the board in communications with state
and federal agencies .
(3) Assisting the board in the preparation of a yearly
operating and capital improvement budget for the
airport.
(4) Assisting the board in the formulation of rules,
regulations, operating agreements, contracts,
grant applications, and other such matters as the
board shall from time to time determine.
Bo 337 PAGE499
Ordinance No. 4400
Page 7
(5) The supervision of the department of aviation and
its employees .
(6) All airport operations and activities .
(7 ) The maintenance and protection of airport
property.
(c) Director' s authority to adopt rules . The director is
authorized to adopt such written rules as he or she deems
necessary for the operation and protection of the airport, and
for the implementation of the polices, programs, and plans of the
Waterloo Municipal Airport Board; provided, however, that such
rules shall be consistent with the provisions of this municipal
code, the regulations adopted by the board, and all applicable
state and federal laws and regulations .
(d) Board' s review authority. If, upon its review of a rule
proposed or adopted by the director, the board determines that it
is in conflict with regulations adopted by the board, the rule
shall not take effect or shall be withdrawn.
2-185 . AVIATION PERSONNEL.
All personnel of the aviation department shall be employees
of the City of Waterloo. All personnel and labor relations
matters relating to employees of the aviation department, or
relating to administrative or support services provided by the
city, shall remain the responsibility of and under the control of
the Mayor in accordance with Chapter 20 of the Code of Iowa. The
aviation director shall report to the Mayor with respect to these
specific areas .
2-186. ADMINISTRATIVE AND SUPPORT SERVICES .
The City of Waterloo shall provide and the board shall
utilize services of the city, including but not limited to,
aviation services (including airfield, building, ground,
operation and maintenance services) , engineering services,
personnel services, legal services, accounting services, payroll
services, property acquisition services, public improvement
design services, contract procurement and administration
services, purchasing services, financial services, fire services
(excluding priority Aircraft Rescue and Fire Fighting Services) ,
police services, planning and development services and staffing,
and marketing services, and general administrative services to
administer, operate and maintain the Waterloo Airport, provided,
however, that if the board and Mayor jointly agree that the city
cannot provide the expertise, extra-ordinary effort, or special
resources required for a particular project, the Board may
acquire and utilize outside services to accomplish such project.
A record of such agreement shall be preserved in the minutes of
the Board. The reasonable cost of providing such city services
shall be charged to airport operations .
INTRODUCED: December 6, 1999
PASSED 1ST CONSIDERATION: December 6, 1999
PASSED 2ND CONSIDERATION: December 13, 1999
PASSED 3RD CONSIDERATION: December 13, 1999
lOOX 337 PAGE 500
Ordinance No. 4400
Page 8
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 13th day of December, 1999, and approved by
the Mayor on the 15th day of December, 1999.
_I ✓iil.
Jo' n R. ''ooff, May I
ATTEST:
Nancy Eck rt, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4400, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 13th day of December, 1999.
Witness my hand and seal of office this 15th day of December,
1999.
. ��.>.
SET , Nancy Eck rt, City Clerk
i3 +�
ra o 337 PAGE 501
FORM I I T.
STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal Waterloo, City of
Black Hawk County, Ordinance 4400
notice was published in the Waterloo-Cedar Fails Courier, a daily newspaper printed in
Waterloo, Black Hawk County, Iowa, once commencing on the 23rd
day of December 19 99 in the name of
cargo service,general aviation use taper, and that the annexed rate of advertised is the regular legal rate of said
NO.4400 of the airport,as well air trans-
ORDINANCEportation related services for the
AN ORDINANCE AMENDING THE community. and that the following is a correct bill for publishing said notice.
1993 CODE OF ORDINANCES OF (viii) Create advisorycommittees
THE CITY OF WATERLOO,IOWA, and appoint,members thereto,
BY REPEALING DIVISION 2,AIR- including both residents and non- 155.37
PORT COMMISSION,AND DIVI- residents of the City of Waterloo. ill$
SION 2.1 , AIRPORT AREA Individuals excluded from the Board
DEVELOPMENT AUTHORITY,OF membership because of their direct
ARTICLE VII, BOARDS AND financial interest may be eligible for
COMMISSIONS,OF CHAPTER 2, appointment to such advisory corn-
ADMINISTRATION,AND ENACT- mittees,subject to the limitations
INV IN LIEU THEREOF A NEW imposed by
DIVISION 2, WATERLOO AIR- (ixx)) Prepare
and deliver to the city
PORT BOARD,OF ARTICLE VII, council an annual report covering
. ( itt-4-Va-
BOARDS AND COMMISSIONS, program activities and financial sta- A o
OF CHAPTER 2, ADMINISTRA- tus within one hundred and twenty g
TION. days after the end of fiscal year. Sined
BE IT ORDAINED BY THE COUN- (x) Organize,supervise,manage
CIL OF THE CITY OF WATER- and direct the development of a
LOO,IOWA,thatDivisionvi 2i Airport dand commerce ae rooter located
Commission, and Division 2.1, adjacent to the Waterloo Municipal
Airport Area Development Airport. Subscribed and sworn to before me this
Authority,of Article VII,Boards and (xi) Review and either approve or day of
Commissions,, Chapter 2of disapprove all plans od with ^�
Administration,of the 1993 Code of development or redevelopment of ( /
Ordinances of the City of Waterloo, the airport.
be and the same are hereby (xii) Ensure that all airport rev- A.D., 19
repealed in its entirety;that Division enues collected by or under board
2,Waterloo Airport Board,of Article authority are credited to the
VII,Boards and Commissions,of General Fund,and that all expend-
Chapter 2, administration is hereby tures from said fund for airport pur-
enacted in lieu thereof as follows: poses are done in accordance with
DIVISION 2 applicable state and federal laws / �� 4./
WATERLOO AIRPORT BOARD and regulations. ��' J
2-176. BOARD ESTABLISHED. (xiii) Maintain a positive cash bal- 6
(a) There is hereby established in ance at all times in airport opera-
and for the City of Waterloo the
tions. -- - - Notary Public
Waterloo Airport Board of Directors
(hereinafter referred to in this sub- (xjv) Acquire by voluntary sale or
chapter as the board)created under gift implementeerty interestsanairportas necessary
Chapter 392 of the Iowa Code for to an land use
plan or other plan approved by the
the purpose of governing the opera- board. Received of
tion of the Waterloo Airport and All such acquisitions shall be
• managing the development of land accepted and approved by the city
and infrastructure in the area adja• council. •
cent to the airport,pursuant to the (xv) File with the city clerk for pub-
terms and provisions of this sub- -lic inspection copies of minutes
chapter and the Municipal Code of summarizing all board meetings,
the City of Waterloo. including resolutions and motions
(b) Subject to this Division,the passed by the board within seven the sum of
Board shall succeed to the current days of the meeting at which the
responsibilities of the Airport minutes were approved. The min-
Commission and the Airport Area utes at each preceding meeting
Development Authority, both of shall be presented at the next meet- Dollars
which are hereby abolished. ing for approval by the airport Dollars
(c) The board shall consist of board.
seven members each having the (xvi) The board may prepare and
right to vote. The members shall be present to the city council recom-
in lull for publication of the above notice.
appointed by the Mayor,which mendations for the issuance of
appointment shall be approved by bonds,the amount to be financed,
the City Council. Three(3)board method of repayment and the
members shall initially be appointed expected revenues and necessary
for two years,two(2)board mem- charges to be created in order to
bers for three years,and two(2) meet the debt repayments.
board members appointed for four (xvii) Create subcommittees of the •
years. The terms of the board board including,at least,an Airport�
j members initially appointed shall Operations Committee and an
be determined by their appoint- Airport Area Development
ment. Absent members lots shall Committee.
•
be drawn by a proxy. Thereafter, The delegation of power and
the term of each member shall be responsibility to the board is strictly
for four years and any vacancies subject to the limitations imposed
occurring in the membership shall by any revenue bonds or oblige-
be filled in accordance with this tions issued or outstanding which
chapter. Any member may beare_payable from the revenues of
removed by a majofiyvote of the the Airport.
City Council. The terms of board 2-181. -ADOPTION OF REGULA-
members shall expire on and as of TIONS BY THE BOARD.
June 30 of the year in which their (a) Regulations proposed by adop-
terms expire. All appointments tion by the board shall be in writing.
after the original appointments shall In adopting a regulation,the board
be in accordance with this chapter ,a r.
.np r,�qc, r„g actions in
2-177. QUALIFICATIONS Or the listed order
BOARD MEMBERS. 111 File said oronocedra latiinns
I