HomeMy WebLinkAbout85-4 - Inter-County Airport AuthorityRESOLUTION NO. 85 -4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR TO ENTER ON
BEHALF OF THE CITY OF NEWPORT BEACH A JOINT
POWERS AGREEMENT TO ENABLE THE CITY OF NEWPORT
TO PARTICIPATE IN THE INTER - COUNTY AIRPORT
AUTHORITY.
WHEREAS, the Inter - County Airport Authority is a joint
powers agency of the cities of Santa Ana, Anaheim, Garden Grove,
and Stanton; and
WHEREAS, the Inter - County Airport Authority has the
authority to establish, acquire, purchase, own, finance, operate,
manage, maintain, repair, improve, and construct airport
facilities; and
WHEREAS, it is the policy of the City Council of the City
of Newport Beach to support and promote the establishment of a new
airport convenient to the residents of Orange County; and
WHEREAS, it is the policy of the City Council of the
City of Newport Beach to offer its time and effort, the support
of City Staff, and possibly funds to assist appropriate agencies
to locate and design a new airport for Orange County; and
WHEREAS, the City of Newport Beach has in common with
other cities in the County of Orange the powers to establish,,
acquire, purchase, own, finance, operate, manage, maintain, repair,
improve, and construct an airport facility._
NOW, THEREFORE,BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor is authorized to enter,
on behalf of the City of Newport Beach, the Joint Powers Agreement
(attached hereto as Exhibit "A" and made a part hereof) to enable
the City of Newport Beach to participate in the Inter- County
Airport Authority.
• ADOPTED, this
ATTES
CITY CLERK
JOINT POWERS AGREEMENT OF 1974
BETWEEN
THE CITY OF STANTON; THE CITY OF CHINO;
THE CITY OF GARDEN GROVE; THE CITY OF SANTA ANA;
AND OTHER PARTICIPATING CITIES
CREATING THE INTER- COUNTY AIRPORT AUTHORITY
THIS AG2F.FMRU, dated for convenience as of June 1, 1974, is made and
entered into by and between the CITY OF STAXION, hereinafter sometimes referred to
as "STANTON "), THE CITY OF mw (hereinafter sometimes referred to as "CHINO "),
the CITY OF (AMEN GROVE (hereinafter sometimes referred to as "GARDEN GROVE "), the
CI'T'Y OF SANTA ANA (hereinafter sometimes referred to as "SANTA ANA "), and certain
other PARTICIPATING CITIES (hereinafter, along with STANTON, CHINO, GARDEN GPDVE
and SANTA ANA, sometimes collectively referred to as "PARTICIPATING CITIES ").
C; RFICITALS
YES, the PARTICIPATING CITIES deem it necessary and desirable and
for the best interests of their inhabitants to establish, purchase and operate
public works to furnish such inhabitants with transportation E5' means of an
Airport to be established in the Orange County - Riverside County -San Bernardino
County Area. Said Airport is sometimes referred to herein as the "INTER- COUNTY
AIRPORT" or "AIRPORT."
PARTICIPATING CITIES EXFCiPTZNC THIS AGRE[MENT, FOR AND IN CONSIDERATION OF THEIR
ITLIAL PROMISES AND AGREEMENTS HEREIN CONIAINED, DO AGREE AS FOLIOTZ:
SECTION 1. Purposes of Agreement and
Co mmn Powers to be Exercised.
This Agreement is made pursuant to the provisions of Article 1, Chapter 5,
4vision 7, Title 1 of the Government Code of the State of California (commencing
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with Section 6500, hereinafter sometimes called "Act ") relating to the joint
exercise of powers common to public agencies, in this case being STANTON,
CHINO and other PARTICIPATING CITIES executing this agreement, each of
which is authorized to contract with the other pursuant thereto. The purposes
of this Agreement are to create the INTER - COUNTY AIRPORT AUTHORITY,
to provide for the establishment, acquisition, purchase, ownership, financing,
operation, management, maintenance, repair, improvement and construction
of an Inter- County Airport. Each public agency has in common the powers to
establish, acquire, purchase, own, finance, operate, manage, maintain,
repair, improve, and construct such facilities for such purposes. The fore-
going purposes will be accomplished and common powers exercised in the
manner hereinafter set forth.
SECTION 2. Inter- County Airport Authority.
(A) Creation of Authority.
Pursuant to Sections 6506 and. 6507 of the Act, there is hereby
created a public entity to be known as the "INTER- COUNTY AIRPORT
AUTHORITY, " hereinafter sometimes referred to as "AUTHORITY. " The
AUTHORITY shall be a public entity separate and apart from the PARTICIPATING
CITIES. The debts, liabilities, and obligations of the AUTHORITY, or any person
contracting with the AUTHORITY, shall not constitute debts, liabilities or obliga-
tions of the PARTICIPATING CITIES,
(B) Governing Board
• The AUTIORITY shall be administered by a Governing Board of
such number of members determined as hereinafter set forth, each serving in
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his individual capacity as a member of the Governing Board. Such Governing
Board shall be called the "Governing Board of the INTER- COUNTY AIRPORT
AUTHORITY. " All voting power shall reside in the Governing Board.
The Governing Board of the AUTHORITY shall consist of at least
one (1) representative per vote calculated as hereinafter set forth, provided,
however, that no PARTICIPATING CITY shall have more than three (3) repre-
sentatives. Each member of the Governing Board shall be an elector of the
PARTICIPATING CITY _he represents at all times during his term of office;
which shall be for four (4) years, commeni;in„ on July of the year of his
appointment, provided, however, that, in order to assure continuity, the
initial terms of all members_ shall be staggered for one (1), two (2), three (3)
and four (4) year terms, as determined by loft. Each member will have an
alternate. Each member of the Governing Board and his alternate shall be
appointed by the Mayor subject to confirmation by the City Council of the
PARTICIPATING CITY he represents.
Any vacancy which occurs in the Governing Board shall be filled
by a new appointment. Each member of the Governing Board of the AUTHORITY
shall be entitled to cast one (1) vote for each twenty thousand (20, 000), or major
fractional part thereof, of population as shown by the last federal census or by
any other census which the State of California has accepted for the distribution
of monies under the Motor Vehicle Fuel License Tax Law, provided, however,
that each member shall have at least one (1) vote and no PARTICIPATING CITY
shall have votes exceeding in number the total number of votes of all other
• PARTICIPATNG CITIES. AS used herein, "major fractional part" means a
fractional part larger than one -half. When more than one (1) member represents
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a-particular PARTICIPATING CITY, the members representing such
C' PARTICIPATING CITY shall divide the votes to which such PARTICIPATING
CITY is entitled equally and each member shall be entitled to cast the number
of votes obtained as the result of such division.
The initial term of all members of the Governing Board of the
AUTHORITY shall be deemed to commence on the execution of this Agree-
ment.
(C) Meetings of the Governing Board
(1) Regular Meetings
The Governing Board of the AUTHORITY shall provide
for its regular meetings. The date, hour ind place of holding of
regular meetings shall be fixed by Resolution of the Governing
Board. A copy of such Resolution shall be filed with each City.
(2) Ralph M. Brown Act
` All meetings of the Governing Board of the AUTHORITY,
including, without limitation, regular, adjourned regular and
special meetings, shall be called, noticed, held and conducted in
accordance with the provisions of the Ralph M. Brown Act (com-
mencing with Section 54950 of the Governing Code), as amended.
(3) Minutes
The Secretary of the AUTHORITY shall cause to be kept
minutes of the meetings of the Governing Board and shall, after
each meeting, cause a copy of the minutes to be forwarded to each
• member of the Governing Board and to each PARTICIPATING CITY.
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(4) Quorum
A majority of the Governing Board of the AUTHORITY shall
constitute a quorum for the transaction of business, except that less
than a quorum may adjourn from time to time.
(D) Officers and Duties
(1) Chairman
The Governing Board of the AUTHORITY shall elect one of
its members as Chairman. The Chairman's term of office shall be two
(2) years and until his successor takes office. The Chairman of the
Governing Board shall preside at its meetings and shall perform such
other duties as ar`e` specified by the Governing Board.
(2) Vice Chairman
The Governing Board of the AUTHORITY shall elect one '
of its members Vice Chairman. The Vice Chairman's term of office
shall be two (2) years and until his successor takes office. The Vice -
Chairman shall perform all the duties of the Chairman in the absence
the Chairman or in the event of the Chairman's inability to perform
such duties.
(3) Secretary
The Secretary of the AUTHORITY shall be appointed by
the Governing Board of the AUTHORITY and shall serve at the
pleasure of the Governing Board. The secretary may, but need not,
be a member of the Governing Board. The Secretary shall be
responsible for the minutes and other records of the proceedings
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of the Governing Board and shall perform such other duties as
are specified by the Governing Board.
(4) Treasurer
The Treasurer of the AUTHORITY shall be the Treasurer
of STANTON serving ex officio as Treasurer of the AUTHORITY.
Any resolution for the issuance of revenue bonds of the AUTHORITY
may. provide for a trustee to receive, have custody of, and disburse
AUTHORITY funds. Subject to the applicable provisions of such a
resolution of issuance, the Treasurer shall have custody of all the
money of the AUTHORITY, from whatever source, and he shall:
(a) Receive and receipt for all money of the AUTHORITY
and place it in the STANTON 'treasury to the credit of the
AUTHORITY;
(b) Be responsible upon his official bond for the safe-
keeping and disbursement of all AUTHORITY money so held
by him;
(c) Pay, when due, out of money of the AUTHOR.T.TY so
held by hint, all sums payable, on outstanding bonds and coupons
of the AUTHORITY;
(d) Pay any other sums due from the AUTHORITY from
AUTHORITY money, or any portion thereof, only upon warrants
of the Controller of the AUTHORITY;
(e) Verify and report in writing on the first day of July,
October, January and April of each year to the AUTHORITY
and to each PARTICIPATING CITY the amount of money he
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holds for the AUTHORITY, the amount of receipts since
his last report, and the amount paid out since his last
report; and
(f) Perform such other duties as are specified by
the Governing Board.
(5) Controller
The officer of STANTON performing the functions of
Finance Director shall be and serve ex officio as Controller of
the AUTHORITY. The Controller shall establish and maintain
such accounts, books and records as may be required by good
accounting practice or by any provision of any resolution for
C issuance of bonds of the AUTHORITY and he shall perform such
•
other duties as are specified by the Governing Board. There shall
be strict accountability of all funds and report of all receipts and
disbursements. The accounts, books and records of the AUTHORITY
shall be open to inspection at all reasonable times by representatives
of each PARTICIPATING CITY. The Controller shall draw warrants
to pay demands against the AUTHORITY when the demands have been
approved by the Governing Board. The Controller shall, with the
approval of the Governing Board, contract with a certified public
accountant to make an annual audit of the accounts and records of
the AUTHORITY. The minimum requirements of the audit shall be
those applicable to STANTON and shall conform to generally accepted
auditing standards. A report thereof shall be filed as public records
with each PARTICIPATING CITY. Such reports shall be filed within
twelve (121 months of the fiscal year under examination.
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(6) Att -rney
The Attorney for the AUTHORITY shall be the duly
• appointed and acting City Attorney (or his duly authorized
deputy) for STANTON for one year, for CHINO the following
' year and for each PARTICIPATING CITY (in the order of par-
ticipation) the following year and so on on a rotational
basis, serving ex officio as Attorney for the AUTHORITY.
The Attorney for the AUTHORITY or his designated deputy
shall attend all meetings of the Governing Board, but his
absence shall not affect the validity of any meeting. The
Attorney shall perform such other duties as are specified
by the Governing Board. In case such Attorney is disqualified,
the Board may employ other counsel to serve in the matter
involved.
SECTION 3. Powers.
The INTER - COUNTY AIRPORT AUTHORITY shall have the powers
common to the PARTICIPATING CITIES set forth in Section 1, as limited
by: this Agreement. The AUTHORITY, by and through its Governing Board;
is hereby authorized, in its own name, to do all acts necessary,
Convenient or appropriate for the exercise of said common powers for
the purposes set forth in Section 1 and to do any or all of the
following:
(A) To make and enter into contracts, including
agreements necessary to comply with procedural requirements
in connection with any federal or state grants;
(B) To employ agents and employees;
(C) To acquire, construct, manage, maintain or
operate any buildings, works or improvements;
(D) To acquire, hold or dispose of property;
• (E) To incur debts, liabilities, or obligations which do not
constitute debts, liabilities or obligations of the PARTICIPATING
CITIES;
(F) To sue and be sued in its own name;
(G) To receive gifts, contributions and donations of
property, funds, services and other forms of assistance from
persons, firms, corporations and any governmental entity pro-
vided that any such gifts, contributions or donations are consented
to by the AUTHORITY in each instance;
(H) To issue revenue bonds pursuant to Article 2, Chapter 5,
Division 7, Title 1 of the Government Code, of the State of Cal.iforni.a
(commencing'with Section 6540), if such Article becomes applicable,
includi::g in such authorization, authorization to exercise the addi-
tional power granted by Section 6547. 1, and also the power to issue
funding, or refunding, bonds, and also to issue revenue bonds under
any other applicable laws of the State of California;
(I) To fix the compensation paid to the Governing Board,
Secretary, Treasurer, Controller and Attorney;
(J) To fix the duties., compensation and other terms and con-
ditions of employment of other officers and employees, all of whom
shall serve at the pleasure of the Governing Board;
(K) To adopt reasonable rules and regulations for the conduct
of the Airport and to prescribe, 'revise, and collect charges for
services, facilities and use thereof.
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• Such powers shall be exercised in the manner provided in the
Act, and, except as expressly set forth herein, subject only to such restric-
tions upon the manner of exercising such powers as are imposed upon
STANTON in the exercise of similar powers.
SECTION 4. Fiscal Year.
The Governing Board of the AUTHORITY shall fix the fiscal year of
the AUTHORITY. The fiscal year of the AUTHORITY shall be July 1 to June 30
until changed by the Governing Board.
SECTION 5. Official Bonds.
The public officers (namely, the Controller and the Treasurer) herein
designated as the persons responsible for any monies of the AUTHORITY are
hereby also de-sio ated as responsible for all other property nf the AUTFOR.T_T-v
The Controller shall file an official bond in the amount of $10, 000 and the
Treasurer shall file an official bond in the amount of $10, 000, Each member
of the Governing Board shall file an official bond in the amount of $5, 000. Al,l
bond premiums shall be paid by the AUTHORITY.
SECTION 6. Payments and Advances.
The PARTICIPATING CITIES may, in appropriate circumstances, or
when required by this Agreement: (a) make contributions from their treasuries
for the purposes set forth in this Agreement; (b) make payments of public funds
to defray the cost of such purposes; (c) make advances of public funds for such
purposes, such advances to be repaid as provided in this Agreement; or (d) use
. personnel, equipment or property in lieu of other contributions or advances.
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The Governing Board shall determine the charges to be made against the AUItIOPXIY for
the services of the Treasurer and Controller. The provisions of Government Code
•
Section 6513 are hereby incorporated into this Agreement.
Nothing contained in this section or elsewhere in this agreement in any way
obligates any participating city, to be indebted or incur
or spend any stun of money without first having the majority vote of the legislative
body of said participating agency. Nothing contained herein is to be construed as
granting said consent in advance notwithstanding the fact that federal funds may or
may not be available without express financial contributions or guarantees fran those
cities participating herein.
=IDN 7. Initial Procedure.
The AUTHC"rIY shall initiate the following initial procedures to implement
this Agreement:
(A) Examine all potential airport sites in sufficient detail to
permit a factual canparison of alternative sites prior to selecting
one site for layout planning and, if a site is selected, to prepare
a conceptual schematic plan for the airport sufficient to meet
Federal Airport Master Plan requirements and permit public oral -
uation at public hearings.
(B) Canpl @tion of the Federal Airport Master Plan, including, without
limitation, complete environmental impact studies and such other
proceedings as required by the State and Federal Governnonts.
Prior to incurring any expenditure in connection with the above initial
procedures, or any other expenditure in connection with this Agreement, the AUTHORITY
created hereunder, must sutsnit a proposed budget for the related expenditures and
�receive the express consent of each city which is a party hereto, as a condition
;recedent to the city's responsibility for contributing to the financing thereof as
provided in Section 6 above. In this respect, no city which is a participant to this
Agreement intends to incur any costs in connection with the Joint Powers Authority
Oreated herein without the prior consent and approval of each city, notwithstanding
any other provision in this Agreement, and any city that is a party
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(Changed by EL -11°
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hereto may withdraw from this,ingreenent following completion � J review by Federal,
State and local authorities of the Federal Master Planning Study upon giving the other
ties hereto thirty (30) days prior written notice of such withdrawal. In the event
what any city so withdraws, it shall not be responsible for any expenditures other
han those previously authorized by it.
Nothing contained in this section or elsewhere in this agreenent in any clay
obligates any participating city, to be indebted or incur
or spend any sum of money without first having the majority vote of the legislative body
of said participating agency. Nothing contained herein is to be construed as granting
said consent in advance notwithstanding the fact that federal funds may or may not
be available without express financial contributions or guarantees from those cities
participating herein.
SECTION 8. Initial. Financing.
Subject to the approval conditions provided in Section 7 above, each
"'ARTICIPATING CITY shall advance public funds to the AUMRITY in amounts which
will enable the AUTHORITY to prepare an estimate of the amount of money needed to
oaplete the Initial Procedure referred to in Section 7, such funds to be advanced
by each PARTICIPATING CITY in the proportion to the respective assessed valuations of
taxable property. Tine estimate shall state the amount required from each PARTICIPATING
CITY and the amount of funds estimated to be received from the Federal and State
Governments. Each PARTICIPATING CITY shall cooperate with the AUTHORITY in processing
applications for Federal and State funds.
If the estimate is approved by each PARTICIPATING CITY, each PARTICIPATING
CITY shall advance the amount of money required from the PARTICIPATING CITIES in
proportion to the respective assessed valuations of taxable property.
Such initial suns advanced by the PARTICIPATINS CITIES are to be repaid
from the proceeds of the permanent financing, if such repayment does not unduly
.burden the financing, or, otherwise, fm, surplus airport revenues.
Nothing contained in this section or elsewhere in this agreement in any May
19 (Changed by EL -12-
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bligates any participating city, to be indebted or
incur or spend any stun of money without first havixig the majority vote of the
legislative body of said participating agency. Nothing contained herein is to be
construed as granting said consent in advance notwithstanding the fact that federal
funds may or may not be available without express financial contributions or guarantees
from those cities participating herein.
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SECTION 9. Acquisition and Construction
The AUTHORITY shall take the necessary proceedings to finance
the acquisition and construction of the Airport following approval by the
Site Selection and Master Planning Study if an approved site is selected.
It shall submit to each PARTICIPATING CITY a Plan of Development. The
Plan. of Development shall show the land to be acquired, the facilities to be
constructed, the financing arrangements necessary to accomplish the
development and any other details material to the proposal. The AUTHORITY
shall proceed with the Plan of Development when it has been approved by the
PARTICIPATING CITIES. Any Plan of Development shall require the AUTIi-
ORITY to maintain and operate
the Airport itself or
through its
ages: or agents
or contractor or contractors.
SECTION 10. Term, Amendments, Termination
This Agreement shall be effective when signed by each PARTICIPATING
CITY, may be amended by mutual consent, and shall continue until terminated
by mutual consent; provided, however, this Agreement cannot be terminated
until (1) all financing obligations issued pursuant hereto, and the interest
thereon, shall have been paid in full or adequate provision for such payment shall
have been made, and (2) if such termination would adversely affect the maintenance
and operation of the Airport.
If this Agreement is terminated as provided above, any property acquired
as a result of the joint exercise of powers shall be divided or distributed in accord-
ance with the mutual agreement of the PARTICIPATING CITIES. After completion
. of the purpose of this Agreement, to -wit, upon termination thereof, any surplus
money on hand shall be returned to the PARTICIPATING CITIES in proportion to
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the contributions made in accordance with the mutual agreement of the
PARTICIPATING CITIES.
SECTION 11. Operating Memoranda
It is recognized that establishment, purchase, financing, maintenance
and operation of the Airport will require a close degree of cooperation. It is
to preserve flexibility that certain items have been covered in this Agreement
in general terms only with the understanding that details were to be set forth
in "operating memoranda. " Each operating; memoranda shall be approved by
the AUTHORITY and each PARTICIPATINb CITY and shall be attached hereto
as an addendum and become a part hereof and may be changed and amended
from time to time as necessary with further approvals.
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SECTION 12. Tdot:ces
Notices hereunder shall be sufficient if delivered to each PARTICI-
PATING CITY addressed to the City Clerk at the City Hall of such CITY in such
CITY, and if delivered to the AUTHORITY addressed to the Secretary of the
AUTHORITY, City Hall, Chino.
SECTION 13. Severability
If any section, sub - section, sentence, clause or phrase of this Agree-
ment, or the application thereof, to the AUTHORITY or to the PARTICIPATING
CITIES or to any other person or circumstance, is for any reason held invalid,
it shall be deemed severable and the validity of the remainder of the Agreement,
or the application of such provision to the other public agencies or to any other
person or circumstance, shall not be affected thereby. Each party hereto hereby
. declares that it would have entered into this Agreement, and each section, sub-
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section, sentence, clause and phrase thereof, .irrespective of the fact that one or
more sections, sub- sections, clauses or phrases, or the application thereof to the
AUIMRiTY or to the PARTICIPATING CITIEi, or to any other person or circumstances,
might be held invalid.
IN WITNESS WHEREOF, the parties have caused this Joint Powers Agreement of
1974 between the CITY OF STANTON, the CITY OF CHINO, the CITY OF GLEN GrDvE, and
other PARTICIPATE CITIES creating the INTER- COU,7rY AIRPORT AU ?iOPXN bo be signed
by their respective officials heretofore duly authorized by the legislative bodies
thereof.
CIW OF STANMN
Maycx
Attest `^\
D6Ze of signing:
V 15
Date of signing:
•
(Changed by EL - 9/17/75
7-13
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CITY OF CHIN
Mayor
Attest,- g}�y
� Ci Clerk
Date of signing:
CITY OF SANTA AID►
I
Date of signing:
• OTHER PARTICIPAT= CITIES
CITY OF
1
Mayor
Attest: ... .... .... ...
City Clerk
Date of signing:
... ..................
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CITY OF
Y,
Mayor
Attest:
City Clerk
Hate of signing:
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