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Airport Commission membership November 30, 2005 Mayor Terrance Duggan and Members of the City Council City Hall - City Clerk's Office 50 West 13th Street Dubuque, IA 52001 RE: Airport Commission Dear Mayor and Council Members: As you may recall, Council Member Nicholson resigned his position on the Airport Commission out of an abundance of caution when an issue was raised with respect to the compatibility of the offices of city council member and library board of trustees. We have researched the issue further and we also have a letter of informal advice from Deputy Attorney General Julie Pottorff concluding that the budget duties of city council member and city airport commissioner are inconsistent because of the authority of a city council to review the budget of a city airport commission. It is our recommendation that the ordinance providing for the Airport Commission membership be amended to eliminate the city council seat. Very sincerely, Barry A. Lindahl, Esq. Corporation Counsel BAUls cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Andrew Perry, Airport Manager Teri Goodmann, Chairperson, Airport Commission Preparer: Barrv A. Lindahl. ESQ. Address: Suite 330 Harbor View Place DubuQue. Iowa 52001 Telephone: 1563\ 583-4113 ORDINANCE NO. 65-05 AMENDING SECTION 4-46 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE APPOINTMENT AND TERM OF AIRPORT COMMISSION MEMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-46 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 4-46. Appointment; Terms: (a) The Airport Commission shall have a membership of five (5) persons appointed by the City Council for four (4) year terms. Such members shall serve without compensation. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of December ,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:IUSERSltstecklelLlndahllOrdinanceslAppointmentAirportCommissionMembers_k28.doc Effect of Amendment Sec. 4-46. Appointment; Terms: (a) The Airport Commis5ion shall have a membership of five (5) persons,u appointed by the City Council for four (4) year terms,."SuchI1lElmbersshall.serveu without compensation. ,.{ Deleted:: four (4) members Deleted: and one member of the City Council whose term shall be for one year. The initial appointment of the City Council member shall expire on January 15, 2001.