Part 1 — AIRPORT FUNDS

A.

As used in this Part 1 of Chapter 4.80, the following terms are defined as follows:

"1974 Resolution" means Resolution No. 45333, adopted March 12, 1974, as amended by Resolution No. 50497, adopted July 18, 1978, which resolution as amended provided for the issuance of the 1974, 1976, 1978 and 1980 series of airport revenue bonds, all of which were refunded in 1984.

"1984 Resolution" means Resolution No. 57794, adopted on October 2, 1984, as amended by Resolution No. 57838, adopted October 16, 1984, and by Resolution No. 60547, adopted May 24, 1988, and as it has been and may be supplemented, modified and amended from time to time.

B.

The airport funds set forth in Section 4.80.020 and 4.80.030 below, which were established by ordinance pursuant to the 1974 Resolution, are continued in effect as referenced in the 1984 Resolution.

(Prior code § 2700.10; Ord. 24143.)

As provided in Section 3.02 of the 1974 Resolution, and as referenced in Section 3.03 of the 1984 Resolution, a special fund designated as the "airport revenue bond improvement fund" is established, designated and maintained by the city as a special fund. Moneys received from the sale of City of San José airport revenue bonds pursuant to the 1984 Resolution and any supplemental resolutions adopted by the city from time to time shall be deposited in the airport revenue bond improvement fund in accordance with the 1984 Resolution, and shall be applied, used, withdrawn and transferred only for the purposes authorized by, and in accordance with, the 1984 Resolution.

(Prior code § 2700.11; Ord. 24143.)

A.

As provided in Section 5.01 of the 1974 Resolution and as referenced in Section 5.01 of the 1984 Resolution, a special fund is established, designated and maintained as the "City of San José airport

revenue fund," also referred to as the "airport revenue fund."

B.

All revenues, as defined in the 1984 Resolution, from the airport shall be deposited in the airport revenue fund in accordance with and as provided by the 1984 Resolution.

C.

All moneys in the airport revenue fund shall either be set aside by the director of finance, or paid over to the trustee appointed pursuant to the 1984 Resolution, and deposited in the special funds set forth below, at the times, in the amounts, and in the order of priority set forth in Section 5.02 of the 1984 Resolution. The special funds are as follows:

Interest fund (airport revenue bonds);

Principal fund (airport revenue bonds);

Bond reserve fund (airport revenue bonds);

Maintenance and operation fund (airport revenue bonds);

Surplus revenue fund (airport revenue bonds).

D.

The authorization granted in this section and the 1984 Resolution to the director of finance to set aside, pay over and deposit moneys from the airport revenue fund shall be continuing, and no further authorization to do the same shall be required.

E.

The interest fund, the principal fund and the bond reserve fund shall be maintained by the trustee, and the maintenance and operation fund and the surplus revenue fund shall be maintained by the city. All moneys in each of these funds shall be held in trust by the trustee or the city (as the case may be) and shall be applied, used and withdrawn only for the purposes authorized, and in accordance with, the 1984 Resolution. The authorization granted in this section the 1984 Resolution to apply, use and withdraw moneys in the interest fund, the principal fund and the bond reserve fund shall be continuing, and no further authorization to do the same shall be required. Moneys in the maintenance and operation fund and

the surplus revenue fund shall be applied, used and withdrawn pursuant to authorization by the city council.

(Prior code § 2700.160; Ord. 24143.)

A.

The "airport capital improvement fund" is created and established for the purpose of depositing and collecting moneys to be expended for capital improvements at the airport.

B.

The city council may transfer to the airport capital improvement fund from any other fund those moneys which may be used for the purposes specified in this section. Grant proceeds for airport projects financed from moneys in this fund shall be deposited in this fund. The city council may, subject to any limitations imposed by law, transfer money from this fund to any other fund.

C.

Moneys in the airport capital improvement fund shall be expended for airport equipment and airport capital improvements, including the following:

Acquisition of land and interests in land for airport purposes;

Payment of relocation expenses for persons displaced by reason of such land acquisition;

Construction and installation of airport improvements;

Engineering and planning studies for the expansion of existing airports and establishment of new airports, to the extent otherwise permitted by law and contractual agreements; and

For costs of litigation, payment of judgments against the city, or of approved claims incurred in connection with litigation or claims against the city for inverse condemnation or nuisance arising from the use, operation and maintenance of the airport.

(Prior code § 2700.161; Ord. 24143.)

A.

The "airport renewal and replacement fund" is the fund created and established pursuant to the 1974 Resolution, and Section 9.05(5)(d) of the 1978 master document entitled the "scheduled airline operating agreement and terminal building lease," and maintained in accordance with the 1984 Resolution, for the purpose of depositing and collecting moneys to be expended for airport capital acquisitions, improvements and betterments.

B.

As authorized from time to time by the city council, moneys deposited in the renewal and replacement account of the surplus revenue fund shall be transferred to the airport renewal and replacement fund in accordance with the 1984 Resolution, subject to the limitation as to the amount of moneys that both the account and fund may contain as set forth in Section 5.02 of the 1984 Resolution.

C.

Moneys deposited in the renewal and replacement fund shall be expended for airport capital acquisitions and improvements including acquisition of land and interests in land for airport purposes, construction and installation of airport improvements and acquisition of airport vehicles and furnishings and equipment, and for painting and refurbishing.

(Prior code § 2700.162; Ord. 24143.)

A.

The "passenger facility charges fund" is an account created and established in the surplus revenue fund under the 1984 Resolution, and is established for the purpose of collecting and accounting for all moneys received from the imposition of airport "passenger facility charges," as such term is defined in Section 1113(e) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1513(e)) and the regulations thereunder, as either such law or regulations may be amended from time to time.

B.

Moneys in the passenger facility charges fund shall be collected and deposited as provided in Section 5.02(e) of the 1984 Resolution. As authorized from time to time by the city council in accordance with the 1984 Resolution, moneys in the passenger facility charges fund may be transferred to any other fund, subject to the limitations imposed by law.

C.

The moneys in such fund shall be expended for such expenses, indebtedness, or other charges for which passenger facility charges may properly be spent under applicable federal law and regulations.

(Prior code § 2700.12; Ords. 20021, 24143.)

A.

The "customer facilities and transportation fund" is an account created and established in the surplus revenue fund under the 1984 resolution, and is established for the purpose of collecting and accounting for all moneys received from the imposition of airport "customer facilities fees" and airport "customer transportation fees" as such terms are defined in Sections 25.08.620 and 25.08.630, respectively.

B.

Moneys in the customer facilities and transportation fund shall be collected and deposited as provided in Section 5.02(e) of the 1984 resolution. As authorized from time to time by the city council in accordance with the 1984 resolution, moneys in the customer facilities and transportation fund may be transferred to any other fund, subject to any limitations imposed by law.

C.

Moneys in such fund shall be applied, used and withdrawn pursuant to authorization by the city council.

(Ord. 26063.)