2020-01-27-minutes-public-works-study-session

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1/24/2020 RCW 14.08.120: Specific powers of municipalities operating airports. direction of the airport operator, but no more often than once per month. The charge shall be calculated on a per -day basis. Facility charges may not exceed the reasonable costs of financing, designing, constructing, operating, and maintaining the consolidated car rental facilities and common use transportation equipment and facilities and may not be used for any other purpose. For the purposes of this subsection (7), if an airport operator makes use of its own funds to finance the consolidated rental car facilities and common use transportation equipment and facilities, the airport operator (a) is entitled to earn a rate of return on such funds no greater than the interest rate that the airport operator would pay to finance such facilities in the appropriate capital market, provided that the airport operator establish the rate of return in consultation with the rental car companies, and (b) may use the funds earned under (a) of this subsection for purposes other than those associated with the consolidated rental car facilities and common use transportation equipment and facilities. (8) To make airport property available for less than fair market rental value under very limited conditions provided that prior to the lease or contract authorizing such use the airport operator's board, commission, or council has (a) adopted a policy that establishes that such lease or other contract enhances the public acceptance of the airport and serves the airport's business interest and (b) adopted procedures for approval of such lease or other contract. (9) If the airport operator has adopted the policy and procedures under subsection (8) of this section, to lease or license the use of property belonging to the municipality and acquired for airport purposes at less than fair market rental value as long as the municipality's council, board, or commission finds that the following conditions are met: (a) The lease or license of the subject property enhances public 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) At the time the community use is contemplated, the subject property is not reasonably expected to be used by an aeronautical tenant or otherwise be needed for airport operations in the foreseeable future; (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) Leases for community use must not preclude reuse of the subject property for airport purposes if, in the opinion of the airport owner, reuse of the subject property would provide greater benefits to the airport than continuation of the community use; (i) The airport owner ensures that airport revenue does not support the capital or operating costs associated with the community use; (j) The lease or other contract for community use is not to a for-profit organization or for the benefit of private individuals; (k) The lease or other contract for community use is subject to the requirement that if the term of the lease is for a period that exceeds ten years, the lease must contain a provision allowing for a readjustment of the rent every five years after the initial ten-year term; (1) The lease or other contract for community use is subject to the requirement that the term of the lease must not exceed fifty years; and (m) The lease or other contract for community use is subject to the requirement that if the term of the lease exceeds one year, the lease or other contract obligations must be secured by rental insurance, hftps://app.leg.wa.gov/RCW/default.aspx?cite=14.08.120 3/4