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Home My Public Portal AboutORD15006 BILL NO. 2012-57 Substitute SPONSORED BY COUNCILMAN f Schulte ORDINANCE NO. /&T�r✓ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2011-2012 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND TO NON-DEPARTMENTAL PROFESSIONAL SERVICES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby supplementally appropriated from the General Fund to the Non- Departmental Professional Services budget, $100,000.00 as indicated on Exhibit A, attached hereto. Section 2. The City Council directs City Staff to pursue all options for the Jefferson City Airport to be designated by the FAA as an alternate/reliever airport (meaning airplanes would be diverted to the Jefferson City Airport from Columbia Regional Airport in times of high volume, weather related, and/or emergency conditions) including, but not limited to, utilization of the engineering firm selected for airport projects to determine all requirements necessary to become the alternate/reliever location and seek grants and funding to comply with those requirements. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 1 Passed: ""r l ��— Approved: g f r Presiding Officer" Mayor ATTEST: APPROVED AS TO FORM: City Clerk` City Counselor~ CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) of the Ghter the City of Jefferson, Missouri, I hereby certify that the sums appropriated in th ordinanc areailable in the-various funds to meet the requirements of this bill. `` yor Substitute Bill 2012-57 Exhibit A SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2011-2012 BUDGET GENERAL FUND: Revenue: 10-100-495995 $ 100,004 Transfer from Surplus (Fund Balance) EXPENDITURE: 10-185-522020 Non-departmental Professional Services $ 100,000 AIR SERVICE GUARANTEE PARTICIPATION AGREEMENT This agreement is entered into on this jqw-� day of 2012 among the City of Columbia, Missouri, a constitutional charter city ("Columbia"), the County of Boone, a political subdivision of the State of Missouri ("Boone County"), The Curators of the University of Missouri, a public corporation of the State of Missouri ("University"), the City of Jefferson, a constitutional charter city ("Jefferson City") and the County of Cole, a political subdivision of the State of Missouri ("Cole County"). The parties agree as follows: 1. Background. Improved air service at the Columbia Regional Airport is in the best interest of all parties to this agreement. American Airlines, Inc. ("American") is interested in providing air service between Columbia Regional Airport and Dallas/Fort Worth International Airport and between Columbia Regional Airport and O'Hare International Airport in Chicago, Illinois. American, however, is willing to initiate this air service only if it is able to limit its economic risk by receiving a revenue guarantee. Columbia and American have negotiated an Air Service Agreement that provides for revenue guarantees (the "Air Service Agreement"). Columbia is unable by itself to provide a sufficient revenue guarantee. In order to induce American to provide flights between Columbia and Dallas/Fort Worth and between Columbia and Chicago, the parties wish to pool their resources to provide the necessary revenue guarantees for American. 2. Revenue Guarantee. The parties agree to share the liability for the $3,000,000.00 revenue guarantee contained in the Air Service Agreement, substantially in the form of Exhibit A, which is attached to and made a part of this Agreement. 3. Limitation on Liability. The maximum liability for the revenue guarantees for each of the parties is as follows: For the two years beginning on the date American begins air service between Columbia and Dallas/Fort Worth and Columbia and Chicago: Columbia $ 1,800,000.00 Boone County 500,000.00 University 500,000.00 Jefferson City 100,000.00 Cole County 100,000.00 Columbia anticipates entering into agreements similar to this agreement with other parties. Columbia's maximum liability for the revenue guarantees under this agreement shall be reduced by the aggregate amount of funds paid by such other parties into the Central Missouri Air Service Fund to be established pursuant to paragraph 4. 1 4. Payment of Funds. Each of the parties shall pay the total amount for which they may be liable under paragraph 2 to Columbia upon execution of this agreement. Columbia shall place these funds, along with the amount Columbia is liable for under paragraph 2, into a separate account established, maintained and controlled by Columbia ("Central Missouri Air Service Fund"). Columbia shall use these funds, and any interest earned thereon, solely for paying American for any revenue shortfalls as required by the Air Service Agreement. If Columbia and American fail to enter into the Air Service Agreement substantially in the form of Exhibit A within 180 days of execution of this agreement, Columbia shall return the funds paid by each of the other parties. 5. Excess Funds. Any funds remaining at the end of the guarantee period or upon any other termination of the guarantee requirements under the Air Service Agreement shall be dispersed pro rata to the parties and other persons who contribute to the Central Missouri Air Service Fund. 6. Monthly Statements. Columbia shall provide monthly statements to the other parties on the status of the Central Missouri Air Service Fund showing the amount of any interest earned and the amount of any payments made. 7. Records. All records available to Columbia under the Air Service Agreement shall be made available to the other parties upon request. 8. Audits. Columbia, at the request of any party or parties, shall exercise its right under the Air Service Agreement to conduct an audit of American's records. The party or parties requesting the audit shall pay all costs of the audit. 9. Benefit of Parties. This agreement is for the sole benefit of the parties and American. Nothing in this agreement is intended to confer any rights or remedies on any other person. 10. Authority of Signatories. The signatories to this agreement, by signing this agreement, represent that they have obtained authority to enter into this agreement on behalf of the respective parties to this agreement and bind such parties to all terms and conditions contained in this agreement. 11. Counterparts. This agreement may be executed by the parties in several counterparts, each of which shall be deemed an original instrument. [SIGNATURES ON FOLLOWING PAGES] 2 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written above. CITY OF COLUMBIA, MISSOURI By: Mi e atthes, Uty Manager ATTEST: G Sheela Amin, City Clerk APPROVED AS TO FORM: Fred Boeckmann, City Counselor CERTIFICATION: I hereby certify that this contract is within the purpose of the appropriation to which it is to be charged, Account No. r_)q-t,210-�`��.'�`t-YC� and that there is an unencumbered balance to the credit of such appropriation sufficient to pay therefor. John Qlattel, birectorof Finance �✓ ��Ila 3 COUNTY OF BOONE, MISSOURI By: an Atwill, Presiding Commissioner ATTEST: S. d"') Wendy N n, County Clerk APPROVED AS TO FORM: C,J. h u , County Attorney CERTIFICATION: I hereby certify that this contract is within the purpose of the appropriation to which it is to be charged, Account No. 1-510- �'"IZ-' and that there is an unencumbered balance to the credit of such appropriation sufficient to pay therefor. ,dune 'Pitchford, County Audit 4 THE CURATORS OF THE UNIVERSITY OF MISSOURI By: Name: Title: (/JcE ATTEST: APPROVED LE AS'TO MI Signatu Name: 1�.1l.tEN?cyc�Z- Title: �� D►Q �i ASS � J 1 G 5 -ter., CITY OF JEFFERSON, MISSOURI By: Name: Eric_J. Struemph Title: Mayor ATTEST: Name: Phyllis Powell Title: Cily Clerk APPROVED AS TO FORM: Name: Drew W. Hilpert Title: City Counselor 6 COUNTY OF COLE, MISSOURI By: Marc 'E r, Presi Comm ATTEST: 4 ner CERTIFICATION OF AUDITOR As Auditor for Cole County, I do hereby certify that there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet the obligation incurred to the Central Missouri Air Service Fund. J / County Auditor 7