Bylaw No. 2527-2016
|3 Authority established|
|4 Authority members|
|5 Removal of members|
|6 Replacement of members|
|7 Purposes of authority|
|9 Airport General Manager|
|11 Conflict of interest|
|Schedule "A" - Definitions|
WHEREAS Abbotsford International Airport is owned and operated by the City of Abbotsford as a public asset;
AND WHEREAS the Council of the City of Abbotsford has established the Abbotsford International Airport as a self-sustaining business operation such that the annual operating and capital budgets are funded by Abbotsford International Airport revenues and revenue from other sources that do not include the City of Abbotsford;
AND WHEREAS one of the purposes of the Abbotsford International Airport is that of City of Abbotsford and regional economic development; AND WHEREAS the Council of the City of Abbotsford wishes to establish the Abbotsford Airport Authority as a select committee to advise and make recommendations to the Council of the City of Abbotsford;
AND WHEREAS the City of Abbotsford will appoint and employ the Airport General Manager and airport employees to operate the Abbotsford International Airport in accordance with City of Abbotsford policies and with the annual Abbotsford International Airport strategic plan recommended by the Abbotsford Airport Authority and adopted by Council of the City of Abbotsford;
The Council of the City of Abbotsford, in open meeting duly assembled, ENACTS AS FOLLOWS:
2 (a) Schedule "A" contains definitions of terms used in this Bylaw and where not defined are interpreted consistently with the Community Charter and the Local Government Act.
(b) A reference to any statute, regulation or Bylaw refers to that enactment as it may be amended or replaced from time to time.
(c) Words in the singular include the plural and gender specific terms include both genders and include corporations.
(d) The headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of this Bylaw.
(e) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.
3 The Abbotsford Airport Authority is established as a select committee of Council consisting of the members appointed under Section 4.
4 (1) The Authority consists of 11 individuals.
(2) At least six (6) members must be residents of the City, and up to five (5) members may be appointed from the region or from the aviation and aerospace industries.
(3) One of the 11 members of the Authority is the Mayor. In the absence of the Mayor, the Deputy Mayor may attend meetings.
(4) The City Manager is an ex officio member of the Authority.
(5) Council may appoint the members of the Authority, other than the Mayor who is a member under Subsection 3.
(6) Council must appoint the chair and vice-chair of the Authority at the annual joint Council meeting referred to in Section 7 (1) (a).
(7) Subject to Sections 6 and 7, and subject to Council discretion in relation to each appointment, the term of each member of the Authority is two (2) calendar years.
(8) Despite Subsection (5), an Authority member's term continues until a successor is appointed.
(9) Unless otherwise determined by Council, an individual can serve for up to six (6) consecutive years on the Authority.
6 Council may appoint a replacement member if a member dies, resigns or is removed.
7 (1) The following are the purposes of the Authority:
(a) subject to an annual joint Council meeting with the Authority and Council, recommend, prior to December 1 of each calendar year, an annual Airport strategic and operational plan for approval by Council for the following calendar year, comprising of, at least, the following:
(i) the annual operating and capital budget, including fees;
(ii) proposed leases or other dispositions of real property;
(iii) proposed acquisitions of real property;
(iv) human resources, in respect of organization charts and staffing levels;
(v) procurement in accordance with the City's purchasing bylaw and policies, if the amount exceeds $200,000.00;
(vi) business and economic development and retention strategies; and
(vii) a draft five (5) year plan for the calendar year, and the ensuing four (4) years addressing in more general terms the matters listed in Subparagraphs (i) through (vi).
(b) make recommendations to Council on the acquisition, disposition or licensing of a parcel or area of real property;
(c) make recommendations to the City Manager and to Council, respectively, on the appointment or termination of the Airport General Manager who is appointed under Section 9 (1);
(d) monitor the operational performance of the Airport and report to Council any variances or inconsistencies from the strategic and operational plan approved by Council under Section 8 (1) (a); and
(e) establish Authority sub-committees from time to time.
(2) Each member of the Authority is a brand ambassador for the Airport in support of business and economic development in the City region, and greater business community. Each Authority member will also promote Airport strategic initiatives to other orders of government pertaining to funding requests or policy decisions.
(3) A member of the Authority is not liable in his personal capacity for debt or liability of the Authority.
8 (1) Council will make the final decisions on the following:
(a) approval of the strategic and operational plan;
(b) approval of the acquisition, disposition or licensing of real property; and
9 (1) The Airport General Manager is an Officer of the City, and is selected by and reports to, the City Manager.
(2) The Airport General Manager is designated as the Accountable Executive for the Airport.
(3) The following powers are delegated to the Airport General Manager:
(a) selection of the Safety Manager;
(b) recommending hiring or termination of the employment of Airport employees, consistent with the strategic plan, and the City's Officer Designation and Delegation of Authority Bylaw, 2013;
(c) procurement of goods and services, in accordance with the City's applicable purchasing bylaw and policies; and
(d) execution, on behalf of the City, of Airport:
(i) licence agreements (including agreements for office space, advertising, occupation of land and improvements or filming rights), that have a term of three (3) years or less (including renewals or extensions), and have a value of less than $250,000; and
(ii) operating agreements (including with air carriers, airshow parties, glider operations and other operations) that have a term of three (3) years or less (including renewals or extensions).
(4) The Airport General Manager must carry out his powers in accordance with the strategic and operational plan and with applicable City bylaws and policies.
(5) Four (4) times per calendar year, the Airport General Manager must deliver to the Authority members a Business Development Summary and Financial Summary; and each such delivery must be made at least 60 days before each Authority meeting referred to in Section 10.
(6) Three (3) times per calendar year, after each Authority meeting, the Airport General Manager will present the Airport Authority minutes to the Council; and provide the Council with an overview of the minutes and report any variances or inconsistencies from the strategic and operational plan.
10 (1) The Authority must meet four (4) times per calendar year, including the annual joint Council meeting, as set out under Section 7 (1) (a).
(2) A quorum of the Authority is a simple majority of those members appointed to the Authority.
(3) No act or other proceeding of the Authority is valid unless authorized by resolution at a meeting of the Authority.
11 Each member of the Authority is governed by, and subject to, the City's conflict of interest rules for committee members, as set out in the City's Committee Protocol Policy.
12 Bylaw No. 1783-2008, cited as "Abbotsford Airport Authority Bylaw, 2008", and any and all amendments, are hereby repealed.
In this Bylaw:
"Accountable Executive" means the "Accountable Executive", as set out in the federal legislation by Transport Canada.
"Airport" means the Abbotsford Airport, located on Lot A, Sections 11, 12 and 13, Township 13 and Section 7 Township 16 New Westminster District Plan BCP35036.
"Airport General Manager" means the individual appointed to that position under Section 9 (1).
"Authority" means the Abbotsford Airport Authority established under Section 3.
"City" means the City of Abbotsford.
"City Manager" is the chief administrative officer for the City, appointed under the Section 147 of the Community Charter, or a designate.
"Council" means Council of the City.
"Deputy Mayor" means the "Deputy Mayor", as set out in the City's Council Procedure Bylaw, 2015.
"Mayor" means the duly elected Mayor of the City.
"Officer" means a person established as a Statutory Officer in the City's Officer Designation and Delegation of Authority Bylaw, 2013.
"Safety Manager" means the "Safety Manager", as set out in the federal legislation by Transport Canada.