2000-1: PURPOSE:
The purpose of this policy is to provide guidance and authority to the airport manager to conduct certain routine transactions related to the granting and renewal of leases at Ogden airport which are within the discretion and authority of the Ogden City mayor. Ogden City is the owner of all land at Ogden airport and leases its land to private and commercial tenants for the purpose of constructing hangars and other buildings to carry out aeronautical activities. Upon the termination of each lease, the leased parcel returns to the possession of Ogden City, unless the lease agreement is renewed with the tenant or the city leases the parcel to a new tenant.
Ogden municipal code, section 8-3-3, sets forth general rules governing the term of duration of airport leases, while preserving to the mayor the discretion to negotiate alternative terms as appropriate to proper management of the Ogden airport. Under the council-mayor form of government, the Ogden City mayor also retains independent executive and administrative powers to manage all city property, including the Ogden airport. Ogden municipal code, section 8-3-3 refers to a "first right of refusal" of an existing tenant to renew its lease in certain circumstances, but does not define the meaning of that term. A "first right of refusal" is not intended to grant tenant a perpetual right to unlimited lease renewals throughout all time. Rather, the term signifies that if upon the expiration of a lease the city intends to again lease a parcel for the same purpose that it had previously been leased, it will first offer to renew the lease of an existing tenant in good standing on the same terms it otherwise intends to offer to lease the parcel to other prospective tenants. The city administration has no duty to offer a renewal of lease agreement which is inconsistent with projected or planned future uses, development or redevelopment of the Ogden airport. Indeed, section 8-3-3 of the Ogden municipal code limits most lease renewal terms to five (5) years to ensure frequent intervals to analyze future city uses before an additional renewal is granted. An additional purpose of this policy is to interpret and define compliance with the "first right of refusal" term used in section 8-3-3 of the Ogden municipal code in the context of ongoing airport management considerations.  (Eff. 3-3-2021)