Loading...
HomeMy WebLinkAboutOrdinance 2016-011 Adopting a Mutual Benefit Agreement Process to the City's Airport Regulations ORDINANCE NO. 2016--011 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING A MUTUAL BENEFIT AGREEMENT PROCESS TO THE CITY'S AIRPORT REGULATIONS WHEREAS, the City of Arlington has the authority to own and operate the Arlington Municipal Airport; and WHEREAS, the City recognizes the operation of the airport provides substantial economic benefits to the City by providing employment and economic opportunities to the citizens; and WHEREAS, under limited circumstances, state law authorizes the City to make airport property available for less than fair market rental value, when it is in the interests of the Airport to do so, pursuant to RCW 14.08.120(8); and WHEREAS, the City is also mindful of federal grant assurances, which obligate the City to take steps to make the Airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities; and WHEREAS, the City also is required to keep the Airport self-sustainable and to ensure that proposed uses and agreements are consistent with the approved Airport Layout Plan; and WHEREAS, the State Auditor's Office recently recommended that the City consider the adoption of a process and regulations establishing when the Airport could enter into mutually beneficial arrangements and thereby waive fees for valid reasons; and WHEREAS, the City Council wishes to comply with the Auditor's recommendations while also recognizing its obligations under the FAA grant assurances; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. A new section 14.08.065 is hereby added to the Arlington Municipal Code (AMC) to read as follows: 14.08.065 Mutual Benefit Agreements. The City Council may by formal action waive the land use permit fees customarily charged-for events properly permitted and authorized by a special use permit under the following limited circumstances. To waive the fees, the City Council must make the following written findings: (a) The permit or license to use the subject property enhances public ORDINANCE NO. 2016-011 1 acceptance of the airport in a community in the immediate area of the airport; (b) The subject property is put to a desired public recreational or other community use by the community in the immediate area of the airport; (c) The desired community use and the community goodwill that would be generated by such community use serves the business interest of the airport in ways that can be articulated and demonstrated; (d) The desired community use does not adversely affect the capacity, security, safety, or operations of the airport; (e) If the proposed use is not aeronautical in nature, the City Council must find that the subject property is not reasonably expected to be used by an aeronautical tenant or otherwise be needed for airport operations during the term of the proposed use or permit; (f) At the time the community use is contemplated, the subject property would not reasonably be expected to produce more than de minimis revenue; (g) If the subject property can be reasonably expected to produce more than de minimis revenue, the community use is permitted only where the revenue to be earned from the community use would approximate the revenue that could be generated by an alternate use; (h) Permits or licenses for community use must not preclude reuse of the subject property for airport purposes if, in the opinion of the City Council, reuse of the subject property would provide greater benefits to the airport than continuation of the community use; (i) Airport revenue does not support the capital or operating costs associated with the community use; 0) The permit, license or other contract for community use is not to a for- profit organization or for the benefit of private individuals; (k) The permit, license or other contract for community use complies with RCW 14.08.120(5); (1) The permit, license or other contract for community use is subject to the requirement that the term of the agreement must not exceed five (5) years; and (m) The permit, license or other contract for community use is subject to the requirement that if the term of the agreement exceeds one year, the lease or other contract obligations must be secured by rental insurance, bond, or other security satisfactory to the City Council in an amount equal to at least one year's rent, or as otherwise determined by the City Council for good cause. (n) The proposed permit, license or agreement has been provided to the FAA for the opportunity to review and comment. (o) If the proposed use is within the airport operations area, it may only be used for an approved aeronautical use. (p) The proposed permit, license or agreement complies with the city's federal grant assurance obligations. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ORDINANCE NO. 2016-011 2 ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor Pro Tern this�day of , 2016. CITY OF ARLINGTON IQ, Debora Nelson, Mayor Pro Tern Attest: Kristin nfield, City Clerk Approved as to form: Ste en J. Pe City-ATo-rney ORDINANCE NO. 2016-011 3 CERTIFICATION OF ORDINANCE 1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2016- 011 was approved at the June 20, 2016 City Council meeting. ORDINANCE NO. 2016-011 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING A MUTUAL BENEFIT AGREEMENT PROCESS TO THE CITY'S AIRPORT REGULATIONS" A true and correct copy of the original ordinance is attached. Dated this 21 St day of June, 2016. Kristin Nnfield City Clerk for the City of Arlington SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on June 20, 2016, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2016-011 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING A MUTUAL BENEFIT AGREEMENT PROCESS TO THE CITY'S AIRPORT REGULATIONS" This ordinance is effective five days from passage and publication, except as otherwise specified in the ordinance. The full text of the ordinance is available to interested persons and will be mailed upon request. Kristin Banfield City Clerk City of Arlington