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Brainerd Lakes
Regional Airport Ordinance
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Subdivision 1.
In General. The City of Brainerd,
hereinafter City, and the County of Crow Wing,
hereinafter County, agree each with the other to
participate as hereinafter provided in the
acquisition of tracts of land for the purpose of
constructing and operating an Airport thereon
and to construct, maintain, and operate the
Airport jointly as hereinafter provided. Said
Airport shall be known as the Brainerd Lakes
Regional Airport/Walter F. Wieland Field,
hereinafter referred to as the "Brainerd Lakes
Regional Airport."
Subd. 2 Contribution to Capital Costs.
The City and County, subject to qualifications
hereinafter set out, shall contribute equally to
that portion of the cost of acquisition of the
airport site and the capital costs of
construction, improvement and development of the
airport not covered by State and Federal
contributions hereto. All preliminary expenses
incurred hereunder prior to the acquisition of
the airport site not covered by State and
Federal contributions thereto shall be borne
equally by the City and County. An undivided one
half interest in land already acquired for
airport purposes by the City in Sections 4, 5, 8
and 9, Township 45, Range 30, Crow Wing County,
Minnesota, shall be deeded, without cost, to the
County.
Subd. 3 Airport Commission. There is
hereby created the Brainerd Lakes Regional
Airport Commission. T he Commission shall
consist of six (6) members as follows: three (3)
members shall be appointed by the City Council,
one of which shall be a Councilperson; three (3)
members shall be appointed by the Crow Wing
County Commissioners, one (1) of which shall be
a County Commissioner. The Council and the
Commission members shall be appointed annually
and the four (4) lay members shall be appointed
for terms as follows: the Council of the City of
Brainerd shall appoint one (1) member to serve
until December 31, 1983 and one (1) member to
serve until December 31, 1985. The Crow Wing
County Commissioners shall
appoint one (1) member to serve until December
31, 1984 and one (1) member to serve until
December 31, 1985. Thereafter, all lay members
shall serve for a term of three (3) years. Also
to serve on the Airport Commission will be the
Airport Manager as an ex officio member. The
appointments of the respective members to the
Airport Commission, either at the time of
expiration or at the time of resignation, shall
be the responsibility of each governing body as
indicated by the original appointments. Both
original and successive appointees shall serve
until their successors are appointed. Members
shall receive such compensation as the City
Council and the County Board shall determine.
The Chairperson and the Vice Chairperson of the
Airport Commission shall be chosen from the lay
members. The elected members shall not be
eligible to serve as Chairperson or Vice
Chairperson. The position of Chairperson may, at
the discretion of the Commission, alternate
between the County and the City lay
representatives on an annual basis. All members
present, including the Chairperson and Vice
Chairperson, shall have the right to vote on all
issues. All official business must be conducted
at a meeting with at least four (4) members
present. No vote shall be taken at a meeting
where less than four (4) members are present.
Subd. 4 Powers of the Commission. The
Commission, except as hereinafter provided,
shall acquire necessary property for, establish,
construct, enlarge, improve, maintain, equip,
operate, and regulate the airport and other air
navigation facilities and airport protection
privileges to be jointly acquired, controlled
and operated under this agreement. The
Commission may exercise on behalf of the County
and City all the powers of each of such
municipalities granted by laws 1945, Ch. 303,
except as otherwise provided in this agreement
and Laws 1945, Ch. 303, Sec. 20. Rules and
regulations provided for by Laws 1945, Ch. 303,
Sec. 17, Subd. 3, may be proposed by the
Commission but shall be enacted only by the
Council and County Board, pursuant to the
provisions of Laws 1945, Ch. 303, Sec. 20. No
real property and no airport, other air
navigation facility, or air protection privilege
acquired under this agreement shall be disposed
of by the Commission by sale, lease or otherwise
except by authority of both the City Council and
the Board of County Commissioners;. but the
Commission may lease space, area or improvements
and grant concessions on airports for
aeronautical purposes, or purposes incidental
thereto subject to the provisions of Laws 1945,
Ch. 303, Sec. 17, Subd. 4. This Commission shall
have authority to hire or retain all employees
and professional services that may be necessary
in accomplishing the purposes for which it was
appointed.
Subd. 5 Real Property. The Commission on
behalf of the City and County may procure
options on real property suitable for the site
of the proposed airport. No real property,
airport, restricted landing area, air protection
privilege, or personal property costing in
excess of $1,000.00 shall be acquired and no
condemnation proceedings shall be instituted
except after authority to do so has been granted
in each individual case by the City Council and
County Board. Condemnation proceedings shall be
instituted in the names of the City and County
jointly. The provisions of Laws 1945, Ch. 303,
Subd. 2, shall apply to such proceedings. Real
property acquired under this agreement shall be
held by the City and County as tenants in
common. The City shall own a 50 percent interest
and the County shall own a 50 percent interest
in the property acquired hereunder.
Subd. 6 Budget. The Commission shall each
year prior to August 1st prepare a budget for
airport finances for the ensuing calendar year.
The budget shall be substantially balanced. The
budget shall follow the format as established.
1. Estimated revenues, divided as follows:
a) Federal and State grants;
b) Contribution from City;
c) Contribution from County;
d) Miscellaneous revenues.
2. Estimated expenditures, divided as follows:
a) Personal services;
b) Services other than personal;
c) Supplies and materials;
d) Equipment;
e) Real estate and improvement;
f) Miscellaneous expenditures;
g) City Bond Retirement Fund;
h) County Bond Retirement Fund.
Such budget shall be submitted not later than
September 1st to the City Council and the County
Board. The final decisions of the City Council
and the County Board as to the requested
additional contributions shall be reported back
to the commission. The City shall pay 50% of the
total contributions paid into the current
airport fund by the City and County each year.
If either the City Council or the County Board
fixes its contributions at less than the amount
requested by the Commission, the contribution of
the other shall be decreased proportionately,
unless the latter shall decide to pay a larger
portion of the total contribution than is
required by this agreement. The expenditure
allowance as finally adjusted and approved by
the Commission shall control the year's spending
program except that excess revenues received may
be spent upon the approval of three members of
the Commission. The Commission shall not itself
levy taxes or borrow money; and it shall not
approve any claims or incur any obligations for
expenditures unless there is unencumbered cash
in the appropriate airport fund to the credit of
the Commission with which to pay the same. Any
surplus in revenues over the cost of maintenance
and operating expenses of the properties
acquired under this agreement may be transferred
by the Commission to the City and the County in
the same proportion as they are required by this
paragraph to contribute for maintenance and
operation.
Subd. 7 Finances. For the purpose of
financing the necessary expenditures in carrying
out the provisions of this agreement, there is
hereby created in the City accounts and treasury
a special fund to be called Airport Fund. All
receipts belonging to the Commission shall be
deposited intact in a bank account to the credit
of the Airport Fund and no disbursement shall be
made from this bank account except by check nor
unless a verified claim for services and
commodities actually rendered or delivered has
first been submitted to and approved for payment
by the Commission as authenticated by signature
of a commissioned member from the City and the
County. The City shall account for the Fund and
the custody of the cash and the bank account
shall be in the hands of the City Treasurer.
These officers shall make reports to the
Commission at reasonable intervals as determined
by the Commission. For purposes of budgeting,
accounting and reporting, the fiscal year of the
Commission and the Fund shall commence on
January 1. An audit of the Fund shall be made
annually. Such audit may be made independently
of or in conjunction with any audit, which may
be made of the funds of the City. The Airport
Commission shall maintain employee dishonesty
insurance coverage for all employees of the
Airport Commission.
Subd. 8 Reports. The Commission shall, as
soon as possible after the end of each calendar
year, prepare and present to the City Council
and County Board a comprehensive annual report
of its activities. The Commission shall also
prepare and present to Federal and State
officials such reports as may be required by
law, regulation or contract.
Subd. 9 Termination. In the event the
City or County repeal this Ordinance, the powers
of the Commission under this Ordinance shall
continue to the extent necessary to maintain and
operate the airport until disposition of the
property acquired under this Ordinance has been
completed pursuant to subdivision 10 hereof.
Subd. 10 Disposition of Property Upon
Termination. As soon as practicable after
termination of this agreement, the City Council
and the County Board shall dispose of all
property acquired under the agreement, including
surplus funds, in any manner they shall then
agree upon. If no agreement as to disposition is
reached within three months after termination of
this agreement, the City Council shall, within
30 days thereafter, appoint some person, who may
be a City Official, as its representative: the
County shall similarly appoint a representative;
and the Minnesota Commissioner of Aeronautics
shall appoint a third person, who shall together
constitute an advisory board on disposition of
the airport property. This board shall as soon
as possible prepare and recommend to the City
Council and County Board a complete plan for the
disposition of all property acquired under this
agreement, and such plan shall provide for the
continuation of the use of the property as a
public airport, if practicable. Upon termination
of this agreement each party shall provide for
the payment of principal and interest on its
outstanding bonds issued as a result of this
agreement, and in the absence of another
arrangement mutually agreed upon each party
shall assume the payment of debts and
liabilities incurred by the Commission in the
same proportion as it is required to contribute
to the joint current airport fund under section
6.
Subd. 11 Enforcement. Specific
performance of the provision of this agreement
may be enforced against either party by the
other party.
Subd. 12 Amendments. Ordinances Numbers
433, 671, 805, and 856 are hereby repealed.
(Amended Ord. 900 - 1991, Ord. 1022 - 1996, Ord.
1181 - 2002)
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