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Brainerd Lakes Regional Airport Ordinance

Subdivision 1

In GeneralThe 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.”

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 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.

Subdivision 11

Enforcement. Specific performance of the provision of this agreement may be enforced against either party by the other party.

Subdivision 12

Amendments. Ordinances Numbers 433, 671, 805, and 856 are hereby repealed.

(Amended Ord. 900 – 1991, Ord. 1022 – 1996, Ord. 1181 – 2002)